Agenda packet — Ontario City Council, November 4, 2025 (part 1 of 15)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
NOVEMBER 4, 2025
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA PORADA AND DAISY MACIAS CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time.

To submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to [email protected]. The public comment submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

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

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

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

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 ACCOMMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

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

CALL TO ORDER (OPEN SESSION)

ROLL CALL
Wapner, Bowman, Porada, Macias, Mayor/Chairman Leon

PLEDGE OF ALLEGIANCE
Council Member Porada

INVOCATION
Pastor Alena Uhamaka, First United Methodist Church

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

PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes.

An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 1. APPROVAL OF MINUTES
ATTACHMENT: 20251007 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. FISCAL YEAR 2025-26 FIRST QUARTER BUDGET UPDATE REPORT ATTACHMENT: FY 2025-26 First Quarter Budget Update Report_EXHIBIT A.pdf

4. A RESOLUTION AUTHORIZING A REQUEST TO THE STATE OF CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR CHANGES TO THE CALIFORNIA ROAD SYSTEM FUNCTIONAL

CLASSIFICATION MAPS FOR THE CITY OF ONTARIO
To submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to [email protected]. The public comment submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

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

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

Minutes for the regular meetings of the City Council and Housing Authority of October 7, 2025, and approving same as on file in the Records Management Department.

Bills October 3, 2025 through October 16, 2025, and Payroll September 21, 2025 through October 4, 2025.

That the City Council approve the budget adjustments and recommendations as presented in the Fiscal Year 2025-26 First Quarter Budget Update Report (Exhibit A).

That the City Council adopt a Resolution approving a request to the State of California CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 ATTACHMENT: CRS MAP CHANGES 2025 RESO_RM
ATTACHMENT: CRS_MAP_CHANGES_2025_AND_ATTACHMENTS.pdf

5. FUNDING AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY FOR THE EUCLID AVENUE SMART CORRIDOR PROJECT
ATTACHMENT: Smart Corridor Funding Agreement Ontario and SBCTA ATTACHMENT: Attachment A

6. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20281 LOCATED GENERALLY ON CHINO AVENUE BETWEEN

NEWTON AVENUE AND ARCHIBALD AVENUE
ATTACHMENT: 20251104 TM-20281 01 EXH A
ATTACHMENT: 20251104 TM-20281 02 RESO_RM
ATTACHMENT: 20251104 TM-20281 03 SIA

7. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-033 LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND CORONA AVENUE
Department of Transportation for changes to the California Road System Functional Classification Maps.

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

REQUEST TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR CHANGES TO THE CALIFORNIA ROAD SYSTEM FUNCTIONAL CLASSIFICATION MAPS.

That the City Council approve a Funding Agreement between the City of Ontario and the San Bernardino County Transportation Authority (SBCTA) for the Euclid Avenue Smart Corridor Project and authorize the City Manager, or his designee, to execute said Agreement and future amendments or related documents within the City Council approved budget.

That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20281, located generally on Chino Avenue between Newton Avenue and Archibald Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20281

LOCATED GENERALLY ON CHINO AVENUE BETWEEN NEWTON AVENUE AND ARCHIBALD AVENUE.

That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-033, located at the northwest corner of 4th Street and Corona Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.

PDEV22-033 LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND CORONA AVE.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 ATTACHMENT: 20251104 PDEV22-033 01 EX A
ATTACHMENT: 20251104 PDEV22-033 02 Reso RM
ATTACHMENT: 20251104 PDEV22-033 03 IA

8. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH EXCELSIOR

ELEVATOR CORPORATION FOR ELEVATOR MAINTENANCE SERVICES AND ON-CALL

EMERGENCY REPAIRS
ATTACHMENT: Excelsior Elevator Corporation Amendment No 1

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC.

FOR ON-CALL GEOTECHNICAL CONSULTING AND MATERIALS TESTING SERVICES FOR THE

ONTARIO GRAND PARK PROJECT
ATTACHMENT: 2. Kleinfelder, Inc. - Amendment No. 10.pdf

10. A RESOLUTION APPROVING A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND

A PERMANENT EXCLUSIVE EASEMENT AND ACCESS EASEMENT AGREEMENT WITH THE

CHINO DESALTER AUTHORITY
ATTACHMENT: Exhibit A.pdf
ATTACHMENT: 20251104 Grant of Temporary Construction Easement^01 AGRMT.pdf ATTACHMENT: 20251104 Grant of Permanent Exclusive Easement & Access Easement Agreement^01AGMT.pdf
ATTACHMENT: CDA Easement 02 RESO_RM.docx

11. A DEVELOPMENT CODE AMENDMENT FILE NO. PDCA25-002 REVISING AND CLARIFYING That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Maintenance Services Agreement with Excelsior Elevator Corporation, of Santa Ana, California, in the amount of $333,305 for elevator maintenance services and on-call emergency repairs at various City facilities, for a total not-to-exceed contract amount of $483,305, and authorize the option to extend the agreement for two additional one-year terms.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 10 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, for oncall geotechnical consulting and materials testing services for the Grand Park Project in the amount of $1,168,253 for a total not-to-exceed contract amount of $2,907,138.

That the City Council adopt a Resolution approving a Temporary Construction Easement and a Permanent Exclusive Easement and Access Easement with the Chino Desalter Authority for the development, operation and maintenance of a new groundwater well facility located at Grand Park, and authorizing the City Manager, or designee, to execute said agreements.

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

GRANT OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND A PERMANENT

EXCLUSIVE EASEMENT AND ACCESS AGREEMENT WITH THE CHINO BASIN DESALTER AUTHORITY.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE ATTACHMENT: PDCA25-002 Dev Code Amendment_2_ORD_RM
ATTACHMENT: 20251021 PDCA25-002 Dev Code Amendment #2 - Redline Text.pdf

12. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA25-003) BETWEEN THE CITY OF ONTARIO AND GDC INVESTMENTS 13, L.P.

ATTACHMENT: File No. PDA25-003_GDC Investments 13 LP^01^EXH A&B&C.pdf ATTACHMENT: File No. PDA25-003 GDC Investments 13 LP_02_ORD ATTACHMENT: File No. PDA25-003_GDC Investments 13 LP^03^DEV^AGR.doc

13. A PUBLIC HEARING TO CONSIDER AN ADDENDUM TO THE ONTARIO PLAN 2050

SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR A GENERAL PLAN AMENDMENT (FILE NO. PGPA24-003) AND SPECIFIC PLAN AMENDMENT (FILE NO. PSPA24-004) TO THE That the City Council adopt an Ordinance approving File No. PDCA25-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), and 6.0 (Development and Subdivision Regulations) of the City of Ontario Development Code.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA25-002, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), AND 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

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

That the City Council introduce and waive further reading of an Ordinance Approving a Development Agreement (File No. PDA25-003) between the City of Ontario and GDC Investments 13 L.P.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PDA25-003, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND GDC INVESTMENTS 13, LP TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20730 (FILE NO. PMTT24-008)

LOCATED SOUTH OF CHATHAM STREET, WEST OF CLIFTON STREET, EAST OF AMHERST AVENUE, AND NORTH OF EUCALYPTUS AVENUE, WITHIN PLANNING AREA 11 (RD-7 / ROW TOWNHOMES) OF THE ESPERANZA SPECIFIC PLAN. (APN: 1073-101-05).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 ESPERANZA SPECIFIC PLAN
ATTACHMENT: 20251104 File Nos. PGPA24-003 & PSPA24-004^01 PC Back-up.pdf ATTACHMENT: 20251104 File Nos PGPA24-003_PSPA24-004_02_Addendum_Reso_RM ATTACHMENT: 20251104 File Nos PGPA24-003 & PSPA24-004^03 Addendum.pdf ATTACHMENT: 20251104 File Nos PGPA24-003 and PSPA24-004 04 GPA_Reso_RM ATTACHMENT: 20251104 File Nos PGPA24-003 and PSPA24-004_05_SPA_Reso_RM

14. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE);

ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES.

That the City Council consider and adopt the following:

1. A Resolution approving an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364, certified by the City Council on August 16, 2022); and

2. Resolutions approving General Plan Amendment (File No. PGPA24-003) and Specific Plan Amendment (File No. PSPA24-004)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE USE OF AN ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL ENVIRONMENTAL

IMPACT REPORT, IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NOS. PGPA24-003 AND PSPA24-004.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PGPA24-003, AN AMENDMENT TO THE LAND USE ELEMENT OF THE POLICY PLAN (GENERAL PLAN), REVISING EXHIBIT LU-01 (OFFICIAL LAND USE PLAN) AND EXHIBIT LU-03 (FUTURE BUILDOUT), AFFECTING PROPERTY, LOCATED SOUTH OF CHATHAM STREET, WEST OF

CLIFTON AVENUE, EAST OF AMHERST AVENUE, AND NORTH OF EUCALYPTUS AVENUE, FROM PUBLIC SCHOOL TO MEDIUM DENSITY RESIDENTIAL. AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1073-101-050. (SEE ATTACHMENTS 1 AND 2) (PART OF CYCLE 2 FOR THE 2025 CALENDAR YEAR).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA24-004, AN AMENDMENT TO THE ESPERANZA SPECIFIC PLAN TO REVISE THE SPECIFIC

PLAN FOR CONSISTENCY WITH THE ONTARIO PLAN POLICY PLAN (GENERAL PLAN) LAND USE MAP. THE AMENDMENT INCLUDES [I] REVISING THE ALLOWED USES WITHIN PLANNING AREA 11 FROM SCHOOL TO RD-7/ROW TOWNHOMES; AND [II] MODIFYING THE SPECIFIC PLAN LAND

USE MAP, DEVELOPMENT STANDARDS, EXHIBITS, AND TEXT TO REFLECT THE PROPOSED LAND USE CHANGES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1073-101-050.

That the City Council consider and:

A. Adopt a Resolution of Formation of Community Facilities District No. 76 (Compass Pointe), proposing that the community facilities district be authorized to levy a special CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 ATTACHMENT: CFD 76 Compass Pointe Reso-Formation_01_RM ATTACHMENT: CFD 76 (Compass Pointe) RMA^01A EXHB.pdf
ATTACHMENT: CFD 76 Compass Pointe Reso Deeming Necessity 02_RM ATTACHMENT: CFD 76 Compass Pointe Reso Calling Election 03_RM tax and proposing that an appropriations limit of the community facilities district be established;
B. Adopt a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 76 (Compass Pointe); C. Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 76 (Compass Pointe);
D. Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E. Introduce and waive further reading of an Ordinance levying special taxes within City of Ontario Community Facilities District No. 76 (Compass Pointe); F. Adopt a Resolution authorizing the execution and delivery of an acquisition and funding agreement with KB Home Cal Management Services LLC; and G. Adopt a Resolution making a declaration of official intent to reimburse facilities expenditures with bond proceeds and related actions.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE),

PROPOSING THAT THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED TO LEVY A SPECIAL

TAX AND PROPOSING THAT AN APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DEEMING IT NECESSARY FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) TO INCUR BONDED INDEBTEDNESS.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE).

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

THE EXECUTION AND DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT WITH KB HOME CAL MANAGEMENT SERVICES, LLC.

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

DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR COSTS OF FACILITIES WITH BOND PROCEEDS AND RELATED ACTIONS.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 ATTACHMENT: CFD 76 Compass Pointe Reso Declaring Results_04_RM ATTACHMENT: CFD 76 Compass Pointe Ordinance_Lvy_Tax_05_RM ATTACHMENT: CFD 76 Compass Pointe Reso Authorizing Acquisition Agmt_06_RM ATTACHMENT: CFD 76 Compass Pointe Reimbursement Resolution 09 RM ATTACHMENT: CFD 76 (Compass Pointe) Back-Up Acquisition Agr^15.pdf

15. A GENERAL PLAN AMENDMENT (FILE NO. PGPA23-003) PROPOSING TO AMEND THE ONTARIO PLAN 2050 POLICY PLAN (GENERAL PLAN) LAND USE MAP ATTACHMENT: 20251104 File No. PGPA23-003^01 Attach A_ZA25-034.pdf ATTACHMENT: 20251104 File No. PGPA23-003^02 PC Back-up.pdf ATTACHMENT: 20251104 File No. PGPA23-003^03 CC Reso.docx That the City Council consider and adopt a Resolution approving File No. PGPA23-003, a General Plan Amendment to amend The Ontario Plan 2050 Policy Plan (General Plan) Land Use Map to change the land use designation of approximately 5.3 acres of land located on Euclid Avenue from Mixed Use to Business Park.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PGPA23-003, AN AMENDMENT TO THE ONTARIO PLAN 2050 POLICY PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION OF APPROXIMATELY 5.3 ACRES OF LAND LOCATED

ON EUCLID AVENUE FROM MIXED USE TO BUSINESS PARK, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1053-281-08 (PART OF CYCLE 1 FOR THE 2025 CALENDAR YEAR).

STAFF MATTERS
City Manager Ochoa

COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Wapner
Council Member Bowman
Council Member Porada
Council Member Macias

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

ONTARIO HOUSING AUTHORITY

MINUTES
OCTOBER 7, 2025
(Not Official Until Approved)
(

JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, October 7, 2025, at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:02 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Council/Authority Members: Jim W. Bowman, Debra Porada, and Daisy Macias
ABSENT: Mayor pro Tem/Vice Chair: Alan D. Wapner

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

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest reported.

CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda. Mayor Leon recessed to Closed Session at 6:04 p.m.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0210-204-04; 3519 East Concours; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Merryland, LLC; Under negotiation: Price and terms of payment.

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 1054-051-01, 1054-051-02, 1054-061-01, 1054-061-02, 1054-251-01, 1054-251-02, 1054-301-01, 1054-301-02; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: County of San Bernardino; Under negotiation: Price and terms of payment GC 54956.9(d)(4)
10 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – October 7, 2025

Page 2 of 10 ends

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation: One Case

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:31 p.m. for the regular session.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.

INVOCATION
Invocation was led by Pastor Enoch Zesati, Victory Outreach Ontario Bilingual Church.

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

PUBLIC COMMENT
Assistant City Clerk Isbell announced there was one written communication:

Dystanie Flores, providing information from the California Department of Insurance.

Mayor Leon called upon the first speaker:

Ryan Castillo, spoke regarding oversize vehicle parking exemptions and permitting.

Roxanna Gracia, extended an invitation to a community event on behalf of Assemblymember Michelle Rodriguez.

Tina Silva, gave a land acknowledgement and spoke regarding immigration enforcement.

Henry Rodriguez, spoke regarding advocacy for people with disabilities.

Brandy, spoke regarding personal experiences.

Martha Aragon, spoke regarding several topics.

Hope Bilderain, extended an invitation to a fundraiser for the Relay for Life.

Kizzee, thanked the Ontario Police Department for addressing neighborhood concerns.

Michael Rios, extended an invitation to a community event.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa had no announcements.

CONSENT CALENDAR
Public Comment
Mayor Leon called upon the speaker:

Ryan Castillo, spoke in opposition to Item 7.
11 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – October 7, 2025

Page 3 of 10 ends

MOTION: Moved by Council Member Porada, seconded by Council Member Macias and carried by a unanimous vote of 4-0, with Mayor pro Tem Wapner absent, to approve the consent calendar as presented.

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council, Housing Authority and Ontario Public Financing Authority of September 2, 2025, approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Bills August 29, 2025 through September 18, 2025, in the amount of $63,679,069.69 and Payroll August 10, 2025 through September 6, 2025, in the amount of $12,771,240.36.

3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR ON-CALL STRUCTURAL PLAN CHECKING SERVICES The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with 4Leaf, Inc., of Newport Beach, California, for on-call structural plan checking services, in the amount of $100,000 for a total not-to-exceed contract amount of $400,000 and exercising the two additional one-year terms.

4. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DANKEN, INC. FOR ON-CALL STRUCTURAL INSPECTION AND

CONSTRUCTION MANAGEMENT SERVICES
The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Danken, Inc., of Ladera Ranch, California, for on-call structural inspection and construction management services in the amount of $500,000 for a total not-to-exceed contract amount of $2,100,000 and exercise the two additional one-year terms.

5. A RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN

ELECTRONIC RECORDS RETAINED WITHIN SOFTWARE DATABASES IN

ACCORDANCE WITH CITY RECORDS RETENTION SCHEDULES
The City Council adopted a Resolution allowing the approval for the automatic destruction of electronic records that have reached the end of their designated retention periods.
12 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – October 7, 2025

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RESOLUTION NO. 2025-140 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE ONGOING DESTRUCTION

OF CERTAIN ELECTRONIC RECORDS RETAINED WITHIN SOFTWARE

DATABASES IN ACCORDANCE WITH CITY RECORDS RETENTION
SCHEDULES.

6. AN ORDINANCE APPROVING FILE NO. PUD23-003, A PLANNED UNIT DEVELOPMENT ON 2.07 ACRES OF LAND LOCATED AT 1389 EAST HOLT

BOULEVARD
The City Council adopted an Ordinance Approving File No. PUD23-003, the Holt Residential Planned Unit Development, establishing development standards, design guidelines, and infrastructure requirements to facilitate a residential development at 1389 East Holt Boulevard. First reading and introduction took place at the regular meeting on September 16, 2025.

ORDINANCE NO. 3314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-003, A PLANNED

UNIT DEVELOPMENT TO ESTABLISH PLANNING AND DESIGN PRINCIPLES,

DEVELOPMENT REGULATIONS, AND PERFORMANCE STANDARDS TO
GOVERN FUTURE DEVELOPMENT OF 2.07 ACRES OF LAND, LOCATED AT 1389 EAST HOLT BOULEVARD, WITHIN THE MU-6 (EAST HOLT MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN:
0110-071-02.

7. AN ORDINANCE AMENDING SECTION 4-6.1305 OF THE ONTARIO MUNICIPAL

CODE RELATING TO PERMIT PARKING ZONES ON RESIDENTIAL STREETS The City Council adopted an Ordinance amending Section 4-6.1305 of the Ontario Municipal Code relating to permit parking zones on residential streets. First reading and introduction took place at the regular meeting on September 16, 2025.

ORDINANCE NO. 3315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1305 OF THE ONTARIO

MUNICIPAL CODE RELATING TO PERMIT PARKING ZONES ON RESIDENTIAL STREETS.

8. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN

AGREEMENT WITH REMINGTON APG LLC REGARDING COMMUNITY
FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES) FOR ASSESSOR PARCEL NUMBER 1073-151-21 FOR FEE IN-LIEU
The City Council took the following actions:

A. Adopted a Resolution approving an agreement regarding Community Facilities District No. 74 (Remington APG LLC Services) for Assessor Parcel Number 1073-151-21 for Fee In-Lieu Agreement between the City of Ontario and Remington APG LLC (Developer); and
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B. Authorized the City Manager, or his designee, to finalize, execute, and record said Agreement.

RESOLUTION NO. 2025-141 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND

DELIVERY OF AN AGREEMENT REGARDING ASSESSOR PARCEL NUMBER 1073-151-21 FOR FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND REMINGTON APG LLC.

9. A RESOLUTION RELATING TO REMOVING THE USE OF SUCCESSOR

AGENCY FUNDS (FORMERLY REDEVELOPMENT AGENCY) FROM
RESOLUTION NO. 2007-023
The City Council approved a Resolution to remove Section 7, Section 8, and Section 9 from prior Resolution No. 2007-023.

RESOLUTION NO. 2025-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CLARIFYING RESOLUTION 2025-010 AND TAKING OTHER ACTIONS RELATING THERETO 2007-023 TO REMOVE SECTIONS 7, 8, AND 9 PERTAINING TO REMOVING THE USE OF SUCCESSOR AGENCY FUNDS (FORMERLY REDEVELOPMENT AGENCY).

10. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH OPTIMA RPM, INC. FOR THE DEMOLITION OF THE MISSION MOTEL AT 1514 W. MISSION

BOULEVARD FOR THE ONTARIO WELLNESS CAMPUS PROJECT
The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Change Order No. 4 to the Construction Contract with Optima RPM, Inc., of Irvine, California, for demolition and site clearance activities on City-owned property located at 1514 W Mission Boulevard (the Mission Motel) for the Ontario Wellness Campus Project in the amount of $753,757 for a total not-to-exceed contract amount of $5,450,726; and
B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

11. A CONSTRUCTION CONTRACT WITH BOGH CONSTRUCTION, LLC AND AN

AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR THE SPORTS EMPIRE OFFSITE IMPROVEMENTS PHASE 2

PROJECT
The City Council took the following actions:
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A. Authorized the City Manager, or his designee, to approve the plans and specifications and award Contract No. D&C23-025c Sports Empire Offsite Improvements Phase 2 to Bogh Construction, LLC, of Beaumont, California, for the construction of the Sports Empire Offsite Improvements Phase 2 Project in the amount of $23,187,700 plus a 15% contingency of $3,478,155, for a total amount of $26,665,855, and
B. Authorized the City Manager, or his designee, to execute Amendment No. 3 to the Design Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide on-call design services for the Sports Empire Offsites Phase 2 Project in the amount of $588,842 for a revised not-to-exceed total amount of $3,046,054, and
C. Authorized the extension of working hours to be Monday through Saturday from 6:00 am to 11:00 pm and on Sunday from 8:00 am to 6:00 pm for the duration of the construction of the Sports Complex Offsite Improvements Project (Phase 1 and 2); and
D. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

12. OPTING INTO A SETTLEMENT AGREEMENT WITH ALVOGEN, AMNEAL,

APOTEX, HIKMA, INDIVIOR, MYLAN, SUN, AND ZYDUS
The City Council authorized the City Manager, or his designee, to opt into a Settlement Agreement with opioid distributors: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus and authorized the City Manager to execute any documents necessary to implement the action.

13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

INTERPERSONAL FREQUENCY, LLC, FOR WEBSITE REDESIGN SERVICES The City Council approved and authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Interpersonal Frequency, LLC, of McLean, VA, for website translation services, increasing the contract amount by $54,769 for a total contract not-to-exceed amount of $1,100,357 and to extend the term to September 4, 2028.

14. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ALBERT A.

WEBB ASSOCIATES INC. FOR WELL NO. 53 PROJECT
The City Council approved and authorized the City Manager, or designee, to execute Amendment No. 2 to the Design Services Agreement with Albert A. Webb Associates Inc. of Riverside, California, for additional design services for Well No. 53 Project, OMUC Contract No. UT1063 in the amount of $124,393 for a new total revised notto-exceed amount of $690,399 and a term from August 16, 2022 to August 16, 2026. 15 Ontario City Council/Ontario Housing Authority
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15. AMERICORPS STATE CONTINUATION GRANT FOR 2025-26
The City Council authorized the City Manager, or his designee, to execute grant documents and accept a $368,000 AmeriCorps Continuation Grant for November 2025 through October 2026 to fund the Ontario Promise Corps project.

PUBLIC HEARINGS

16. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE

FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISTICS CENTER SERVICES); AND

INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES
The City Council took the following actions:

A. Adopted a Resolution of Formation of Community Facilities District No. 69 (South Ontario Logistics Center Services), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established; B. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services); C. Adopted a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; and
D. Introduced and waived further reading of an Ordinance levying special taxes within City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services).

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item, there were no speakers.

RESOLUTION NO. 2025-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISITICS CENTER SERVICES),

PROPOSING THAT THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED TO

LEVY A SPECIAL TAX AND PROPOSING THAT AN APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED.

RESOLUTION NO. 2025-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISTICS CENTER SERVICES).

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada, and carried by a unanimous vote of 4-0, with Mayor pro Tem Wapner absent, to approve 16 Ontario City Council/Ontario Housing Authority
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Resolution Nos. 2025-143 and 2025-144.

Assistant City Clerk Isbell announced that the ballots were in favor of the measure, resulting in all propositions passing.

RESOLUTION NO. 2025-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.

ORDINANCE NO. 3316 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISTICS CENTER SERVICES).

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman, and carried by a unanimous vote of 4-0, with Mayor pro Tem Wapner absent, to approve Resolution No. 2025-145 and introduce Ordinance No. 3316.

17. A PUBLIC HEARING TO CONSIDER A RESOLUTION RELATED TO THE RATES

FOR WATER, SEWER AND SOLID WASTE SERVICES
The City Council conducted a public hearing to consider all written protests and objections against the proposed increases in the rates for water, sewer, and solid waste services in accordance with California Constitution, Article XIII D, Section 6(a), and Assembly Bill (AB) 2257 Government Code Section 53759.1 and 53759.2, and approved a Resolution related to the rates for water, sewer, and solid waste services.

RESOLUTION NO. 2025-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ADOPTING INCREASES OR MODIFICATIONS TO THE RATES FOR ITS WATER, SEWER, AND SOLID WASTE SERVICE CHARGES.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department.

City Attorney Duran announced this public hearing was set in compliance with Prop 218 requirements. The City mailed a notice of the public hearing to the record owners of the properties subject to the imposition of the rate increases and to tenants and customers who are not property owners. The date and time of the public hearing was not less than 45 days after the City mailed the public hearing notice. The purpose of the hearing was for the City Council to hear all oral testimonies and consider all written protests and to determine whether there is a majority protest against the proposed water rate increases.

Written protests were submitted during the public hearing and Mr. Duran noted oral comments were not counted as formal written protests.

Mayor Leon asked for a vote to open the public hearing. 17 Ontario City Council/Ontario Housing Authority
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MOTION: Moved by Council Member Porada, seconded by Council Member Macias, and carried by a unanimous vote of 4-0, with Mayor pro Tem Wapner absent, to open the public hearing.

Assistant City Clerk Isbell described the procedure for the hearing and Utilities General Manager Scott Burton provided a presentation.

Mayor Leon called upon the speakers:

Tina Silva, spoke in opposition of the item.

Martha Aragon, spoke in opposition of the item.

Chris Robles, spoke in opposition of the item.

Michael Rios, spoke in opposition of the item.

Tommy Mushegain, was not present.

Natalie Burge, spoke in opposition of the item.

Joaquin Castillejos, spoke in opposition of the item.

Mayor Leon inquired if there was anyone else wishing to speak on the matter prior to closing the public hearing and asked the City Manager to provide further clarification. City Manager Ochoa provided clarification and Council discussed the matter. Mayor Leon then called upon the City Clerk to announce the results of the written protests.

Assistant City Clerk Isbell announced that prior to the close of the public hearing, staff received a total of 39 written protest letters regarding the water rates. A majority protest did not exist for the proposed water rates. Prior to the close of the public hearing, staff received a total of 37 written protest letters regarding the sewer rates. A majority protest did not exist for the proposed sewer rates. Prior to the close of the public hearing, staff received a total of 37 written protest letters regarding the solid waste rates. A majority protest did not exist for the proposed solid waste rates.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman, and carried by a unanimous vote of 4-0, with Mayor pro Tem Wapner absent, to adopt Resolution No. 2025-146.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Council Member Porada announced the upcoming Ontario Heritage Cemetery Tour event, the Art Festival event, and murals in the Downtown area.

Council Member Macias announced the upcoming Community Cleanup event.

Council Member Bowman made no comments.

Mayor Leon announced an award presented to the City by Leaven Kids. 18 Ontario City Council/Ontario Housing Authority
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ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:06 p.m., and announced the next regular meeting was scheduled for October 21, 2025.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
19 Department: Financial Services
Prepared By: Evan Erickson
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Approved By:

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve the budget adjustments and recommendations as presented in the Fiscal Year 2025-26 First Quarter Budget Update Report (Exhibit A).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The recommended actions will affect several fund budgets as outlined in the Fiscal Year 2025-26 First Quarter Budget Update Report.

BACKGROUND & ANALYSIS: The First Quarter Budget Update Report for Fiscal Year 2025-26 reflects the Financial Services Agency's continued efforts to provide timely, accurate, and understandable financial information to assist the City Council with decision making and achievement of core goals. All Funds have been reviewed in preparing this report. The emphasis of this report is on the General Fund, which funds the majority of government services including public safety, recreation, library, museum, parks, building, and planning.

The primary purposes of this report are to:

Discuss Fiscal Year 2024-25 Year-End Results and Fiscal Year 2025-26 First Quarter Budget Update and provide a reconciliation of budgeted-to-actual financial data; Address annual carryforward obligations across all funds; Recognize budgetary carryforward amounts for the prior fiscal year's approved Capital Improvement Projects and Grant appropriations, which are ongoing; Revise the City's budget to reflect the City Council's actions taken since the beginning of the current fiscal year;
Recommend personnel and organizational changes to enhance program operations and efficiencies;
Recommend budget adjustments that are consistent with the City Council goals and 20 objectives; and
Comment on significant budget and economic trends which may impact this fiscal year's budget development.

Fiscal Year 2024-25 General Fund Year-End Results (unaudited) The General Fund activity for FY 2024-25 resulted in a net positive year-end balance of approximately $10.9 million. This is primarily due to higher than estimated Sales Tax for the Bradley-Burns (local tax) driven by the opening of the Amazon distribution center and increased License and Permit revenues due to increased volume of permits pulled before the future rate increases that went into effect July 1, 2025, as well as increased revenues for Use of Money and Property as a result of higher investment earnings than projected. The total sales tax revenues compared to the Current Budget were higher by $6.3 million or 2.7% and an increase of $19.1 million or 10.4% compared to the previous fiscal year actuals. Additionally, the actual expenditures as of June 30, 2025, slightly exceeded the current budget and reflected 101.4% of the total General Fund expenditure budget. An attributable factor to this variance included overages in safety overtime budgets, unanticipated City legal services, and increased sales tax incentive agreement expenses due to higher sales tax revenues generated in FY 2024-25.

Fiscal Year 2025-26 First Quarter Budget Update Recommendations First Quarter Budget Update recommendations are routine in nature and comprised predominately by City Council actions taken since the beginning of the fiscal year, obligations carryforward items to rollover purchase orders that have not yet been expended, and Capital Improvement Program (CIP) and Grant carryforward appropriations on projects and grants that have not been completed or fully expended. In addition, First Quarter includes proposed new expenditure budget requests, as well as revised revenue estimates for FY 2025-26. For the General Fund, the net result of these actions will bring the General Fund estimated available and unencumbered ending fund balance to $84.2 million or 21.5% of total appropriations. This amount achieves the goal set by City Council as a reserve for specific and defined emergency events (such as an earthquake or pandemic) and to address immediate needs in resources without impacting City services. This goal was temporarily decreased to 15% during the COVID pandemic but has since been brought back up to the previous set goal of 20%, effective July 1, 2023, with the goal of increasing the reserves up to 25% in future fiscal years.

General Fund Highlights
$3.0 million transfer-out to Facilities Maintenance Internal Service Fund to shore up its fund balance
$433 thousand transfer-out to establish the City's Local Housing Trust Fund $120 thousand in recommended personnel changes (add/deletes) $120 thousand for maintenance service contract at Town Square Park Other Funds (non-General Fund) Highlights
21 $209.7 million appropriations for the carryforward appropriations and obligations from FY 2024-25 $3.5 million Transfer-out from Information Technology Operating Fund to the new Information Technology - Capital Projects Fund to fund the FY 2024-25 Carryforward of CIP appropriations and obligations
$3.3 million for Downtown Euclid Ave. Corridor Project - Design for FY 2025-26 (offset by Euclid Relinquishment funds
$2.7 million for South Campus Avenue Property Acquisition $2.0 million for Ontario Promise Corps Program Space and Mobility Hub Construction Costs (offset by insurance reimbursement)
$800 thousand for Broadband Fiber Network Expansion Service Area 05 $750 thousand for C-Block Parking Structure Guidance System $729 thousand for Granada Theater - Property acquisition remaining balance (total acquisition cost of $3,875,000)
Interim budget updates also present recommendations for personnel and organizational changes necessary to enhance program operations and efficiencies. Current recommendations for this First Quarter Budget report include reclassification changes and adds/deletes to the authorized full-time positions which result in a net zero impact to the Citywide position total of 1,517. More detail is presented in the attached Exhibit A under Recommended Personnel Changes section, pages 18 through 20, of the FY 2025-26 First Quarter Budget Update Report.

Additionally, the City will continue borrowing from available fund balances in other City funds as interim financing source prior to bond issuance to offset the current Citywide capital project costs as referenced in Section 3.3 of the City's Debt Management Policy.

Economic Outlook
The following economic indicators are the most recent measures of economic activity.

Gross Domestic Product (GDP): The broadest measure of economic output increased at an annual rate of 3.8% in the second quarter of 2025, according to the most recent released estimate as a result of increased consumer spending. This was a gain compared to the first quarter of 2025, in which the real GDP decreased by 0.6%. The increase in the second quarter primarily reflected a decrease in imports, which are a subtraction in the calculation of GDP, and an increase in consumer spending. However, imports, which are a subtraction in the calculation of GDP, increased. (Source:

Bureau of Economic Analysis).

Unemployment Rate: Due to the ongoing shutdown of the federal government, the latest unemployment report reflects August 2025 data. The national unemployment rate slightly increased to 4.3% in August 2025 compared to the 4.2% reported for July 2025. Comparing the current national rate to the previous year rate of 4.2%, it is an increase of 0.1%. California's 22 unemployment rate decreased to 5.8% in August 2025 from 6.1% in July 2025 with a slight decrease compared to the prior year's rate of 5.9%. Locally, the Inland Empire's unemployment rate decreased to 6.1% compared to 6.4% in July 2025; however, it is slightly above the year-ago estimate of 6.0%. The Inland Empire's labor market has recovered from the COVID-19 pandemic and is still strong. The labor market continues to support economic growth and be the strongest driver in the economy. (Source: US Bureau of Labor Statistics).

Consumer Price Index (CPI): This rate is utilized to track changes in the prices of goods and services and is a useful tool for tracking inflation or the cost of living. Due to the ongoing shutdown of the federal government, the latest release reflects data for July 2025. For July 2025, the RiversideSan Bernardino-Ontario metropolitan area's CPI rate increased by 3.5% over the last 12-month period. However, this increase is minimal compared to the last two years CPI increase with a high of 3.4% in 2023. This increase in CPI mainly driven by increases in food costs. (Source: US Bureau of Labor Statistics).

Housing Market: A shortage of homes for sale and high costs of borrowing continues to have a negative impact on housing inventory and demand. With mortgage rates expected to begin to decline by the end of the calendar year and continue to decline in 2026, home sales will bounce back as buyers and sellers return to a more favorable housing market. Statewide sales for existing single-family homes in September 2025 were 1.8% higher than they were for the same period in the previous year. Overall, home sales in the Inland Empire for September 2025 decreased 1.1% compared to the previous quarter and increased 1.9% to the same time period in the previous year. (Source: HdL Coren and Cone).

Conclusion
As the City recovers from the last five years of economic disruption from the COVID pandemic, other challenges still exist with the continued war in Ukraine; rising consumer good prices, continued high interest rates even with recent rate cuts by the Federal Reserve; the possibility of a recession due to accelerated inflation levels not seen since the early 1980's; the unknown fiscal impacts from proposed tariffs by the new federal administration; the ongoing conflict in the middle east; and the continuing of the current Federal shutdown with no anticipated end date at the time of this report. Even with the anticipated additional resources, the City will need to continue to practice fiscal discipline and establish proactive measures to safely navigate the current and upcoming fiscal challenges, as well as deliver an unparalleled level of service and commitment to our community.

The Adopted Operating Budget for Fiscal Year 2025-26, as modified through this First Quarter Budget Update, reflects the City Council's continued commitment to support high quality public safety and municipal services, provides for the maintenance and expansion needs of the City's infrastructure and facilities, profiles an aggressive economic development strategy, and assures the investment and reinvestment of the City's resources into the community - all in the name of affording Ontario residents and businesses an exceptional quality of life. With the City Council's leadership and their prudent fiscal policies, the City's long-term financial health will further solidify its standing as the economic leader in the Inland Empire, and a formidable player in California and the nation.
23 24
Page
FY 2024-25 General Fund Year-End Results 3
General Fund Revenues by Category 4
General Fund Expenditures by Category 5
General Fund Expenditures by Agency 6
General Fund Year-End Reconciliation 7
General Fund Year-End Reserve Balances 8
FY 2025-26 First Quarter Budget Update 9
General Fund Revenues by Category 10
General Fund Expenditures by Category 11
General Fund Expenditures by Agency 12
General Fund Budget Summary 13
Update on General Fund Reserve Balances 14
Citywide Expenditures by Category 15
Citywide Expenditures by Fund Type 16
General Fund Five-Year Financial Forecast 17
Authorized Full-Time Positions 18
Recommended Personnel Changes 19
Budget Adjustment Highlights 21
Detail of Recommended Budget Adjustments 25
Table of Contents
City of Ontario
Fiscal Year 2025-26
First Quarter Budget Update Report
25 3
26 FY 2023-24 FY 2024-25 FY 2024-25 FY 2024-25 FY 2024-25 Actuals Adopted Budget Current Budget1 Actuals2 Budget Variance % Received Sales Tax $ 184,307,995 $ 194,375,000 $ 197,150,000 $ 203,410,213 $ 6,260,213 103.2% Property Tax 98,742,225 106,025,000 106,275,000 105,249,239 (1,025,761) 99.0% Transient Occupancy Tax 16,625,996 17,000,000 17,000,000 16,671,971 (328,029) 98.1% Business License Tax 10,902,422 10,150,000 10,150,000 10,718,444 568,444 105.6% Parking Tax 4,289,371 4,000,000 4,450,000 4,010,676 (439,324) 90.1% Other Taxes 6,273,890 5,975,000 5,675,000 5,202,864 (472,136) 91.7% License & Permits 7,879,656 7,057,000 7,057,000 11,200,263 4,143,263 158.7% Intergovernmental 14,051,025 11,010,721 11,010,721 11,442,537 431,816 103.9% Intergovernmental - ARPA3 8,774,045 7,250,000 6,537,868 6,537,868 - 100.0% Charges for Services 33,173,015 30,494,370 30,673,714 30,933,896 260,182 100.8% Charges for Services - OIAA4 22,723,451 24,500,591 23,866,579 23,866,579 - 100.0% Use of Money & Property 3,201,340 1,480,000 1,480,000 6,175,342 4,695,342 417.3% Fines & Forfeitures 1,140,828 901,000 901,000 1,419,576 518,576 157.6% Miscellaneous 11,936,006 5,647,747 15,950,840 15,069,683 (881,157) 94.5% Sub-Total $ 424,021,265 $ 425,866,429 $ 438,177,722 $ 451,909,151 $ 13,731,429 103.1% Transfers-In 17,000,000 2,000,000 3,459,374 3,459,374 - 100.0% Total Resources $ 441,021,265 $ 427,866,429 $ 441,637,096 $ 455,368,525 $ 13,731,429 103.1% 1 Reflects adjustments made at First Quarter, Mid-Year, and Year-End. 2 FY 2024-25 Actuals are unaudited.
3 ARPA: American Rescue Plan Act.
4 OIAA: Ontario International Airport Authority.
5 Sales Tax came in higher than estimates mainly driven by the opening of the Amazon distribution center 6 Property Tax was less than estimated due to county discrepancy between City of Ontario and City of Chino parcels, redistribution will occur until 2026. $364K projected revenue loss due to appeals. 7 Transient Occupancy Tax was less than estimated due to the closure of two hotel/motel properties. 8 Parking Tax was less then expected due to delay on remittance - Ontario Convention Center did not remit payment for 7 month of FY 2024-25. 9 Other Taxes came in less then expected due to lower Transfer Tax revenues then anticipated. 10 Licenses and Permits came in higher than expected due rate increase effective July 2025. 11 Use of Money and Property is higher as a result of higher investment earnings than projected. 12 Received half of Toyota Arena City share of revenues for FY 2024-25 before year-end cutoff ($1.6M) 13 Transfers-In .includes Ontario Ranch Public Services Fund ($3.0M) and Facilities Maintenance for Parks Maintenance PO's moving to General Fund ($459K) City of Ontario
General Fund Year-End Results - Revenues by Category
Fiscal Year 2024-25
13 5
6 7
8 9
10 11
12 4
27 FY 2024-25 FY 2024-25 FY 2024-25
Current Budget1 Actuals2 Budget Variance % Received
Personnel Costs $ 252,328,030 $ 259,065,613 $ (6,737,583) 102.7% Operating Expenditures 47,724,872 48,391,217 (666,345) 101.4% Contractual Services 27,007,258 27,171,653 (164,395) 100.6% Internal Service Allocations 50,577,311 48,229,000 2,348,311 95.4% Reimbursement Agreements 10,719,656 11,126,626 (406,970) 103.8% Contribution Expense 20,000 14,302 5,698 71.5%
Capital Expenditures 604,229 604,016 213 100.0%
Total Operating Expenditures $ 388,981,356 $ 394,602,427 $ (5,621,071) 101.4% Transfers-Out 49,338,582 49,877,385 (538,803) 101.1%
Total Expenditures & Transfers-Out $ 438,319,938 $ 444,479,812 $ (6,159,874) 101.4% 1 Reflects adjustments made at First Quarter, Mid-Year, and Year-End. 2 FY 2024-25 Actuals are unaudited.
3 FY 2024-25 Personnel Costs were over budget due to Safety Agencies exceeding overtime budgets. 4 Operating Expenditures exceeded budget mainly due to timing of the note forgiveness on 221 N Mountain Ave and increased purchases for police safety e 5 Contractual Services increased due to unanticipated City matters for Legal Services and the City share of the Animal Resource Center Agreement, with sav 6 Increase in sales tax incentive agreements due to higher sales tax revenues generated in FY 2025. 7 General Fund contribution to OHA for their special tax assessment for downtown properties owned by OHA (DOIA). 8 Transfers Out includes additional Year-End entry of $550K transfer to Capital Projects based on higher then expected Bradley Burnes Sales Tax reveneus.

City of Ontario
General Fund Year-End Results - Expenditures by Category Fiscal Year 2024-25
3 5
6 7
4 8
5 28
FY 2023-24 FY 2024-25 FY 2024-25 FY 2024-25 FY 2024-25
Actuals Adopted Budget Current Budget1 Actuals2 Budget Variance % Received Community Development $ 33,602,008 $ 21,983,454 $ 24,990,058 $ 26,247,552 $ (1,257,494) 105.0% Community Life & Culture 31,292,564 30,435,855 30,681,662 30,873,669 (192,007) 100.6% Economic Development 22,721,351 17,376,851 22,597,962 22,968,627 (370,665) 101.6% Financial Services 23,608,273 25,798,621 25,891,895 25,197,082 694,813 97.3% Human Resources/Risk Management 5,906,900 6,432,579 6,532,638 6,385,654 146,984 97.8% Management Services 10,811,719 10,137,836 10,409,656 12,967,468 (2,557,812) 124.6% Ontario Fire Department 94,651,958 102,590,549 100,404,349 99,463,547 940,802 99.1% Ontario Police Department 136,006,982 132,629,021 133,737,959 138,777,930 (5,039,971) 103.8% Public Works 9,459,093 32,898,905 33,735,177 31,720,898 2,014,279 94.0% Total General Fund Agencies $ 368,060,848 $ 380,283,671 $ 388,981,356 $ 394,602,427 (5,621,071) 101.4% Transfers-Out 60,311,783 47,146,250 49,338,582 49,877,385 (538,803) 101.1% Total Expenditures & Transfers-Out $ 428,372,631 $ 427,429,921 $ 438,319,938 $ 444,479,812 $ (6,159,874) 101.4% 2 FY 2024-25 Actuals are unaudited.
1 Reflects adjustments made at First Quarter, Mid-Year, and Year-End. 8 Police Department exceeded budget maInly due to increases in overtime costs and additional police safety equipment purchases. 9 Public Works had lower than expected actuals in maintenance services contracts and other professional services. 10 Transfers Out includes additional Year-End entry of $550K transfer to Capital Projects based on higher then expected Bradley Burnes Sales Tax reveneus. 5 Economic Development overages primarily due to increases in sales tax incentive agreements as a result of higher sales tax revenues generated. 7 Fire Department had budget savings mainly due to delays in equipment purchases. 6 City Attorney Legal services increase due to unanticipated City matters. 4 Community Life & Culture overage mainly due to increased part-time staffing. 3 Community Development overages primarily due to the City share of the Animal Resource Center of the Inland Empire agreement.

City of Ontario
General Fund Year-End Results - Expenditures by Agency
Fiscal Year 2024-25
7 6
3 4
8 5
9 10
6 29
Fiscal Year 2024-25 Current Budget:

Beginning Fund Balance 7/01/2024 $ 74,974,749
Resources & Transfers-In1 455,368,525
Appropriations & Transfers-Out (444,479,812)
Surplus/(Deficit) $ 10,888,713
Estimated Ending Fund Balance 6/30/2025 $ 85,863,462
Assigned Fund Balance for 20% Stabilization Plan $ 78,920,485 FY 2024-25 Estimated General Fund Surplus $ 6,942,977
Fiscal Year 2024-25 Carryforward Obligations (111,683)
Revised Estimated Fund Balance $ 85,751,779
Revised General Fund Reserve % 21.7%
1 Includes $6.5M in American Rescue Plan Act (ARPA) funding; FY 2025 is the last year for this funding. 2 Council adopted the FY 2024-25 budget with a 20% reserve level. Reserve % excludes Transfers-Out.

City of Ontario
General Fund Year-End Reconciliation (unaudited)
Fiscal Year 2024-25
7 30
Fund Description Balance Comments
1000 - General Fund Assigned to Economic Uncertainties $ 20,000,000 1000 - General Fund
Assigned Fund Balance for 20%
Stabilization Plan 78,920,485 Unaudited FY 2024-25 fund balance 1000 - General Fund
Estimated FY 2024-25 General Fund
Surplus 6,942,977 Excess reserve over the 20% required
1000 - General Fund Restricted for Denton Endowment 265,463 Interest restricted for Museum use; principal cannot
be used
1000 - General Fund Restricted for Barnes Trust 130,317 Museum use for donated family artifacts only 1000 - General Fund Public Art Fee - Developers 550,000 Restricted use for the commission, acquisition,
and/or development of Public Art; moved to Special
Revenue Fund in FY 2025-26
6010 - Equipment Services Fire Safety Equipment Reserve 500,000 Assigned for replacement of Firs safety equipment 6010 - Equipment Services Police Helicopter Public Safety Reserve 5,127,310 Assigned for replacement of Police Helicopter City of Ontario
General Fund Year-End Reserve Balances (unaudited)
Fiscal Year 2024-25
8 31
9 32
FY 2025-26 First Quarter FY 2025-26 Actuals as of
Adopted Budget Budget Update Current Budget 9/30/2025 % Received Sales Tax $ 204,715,000 $ - $ 204,715,000 $ 301,764 0.1% Property Tax 112,750,000 - 112,750,000 - 0.0%
Transient Occupancy Tax 18,000,000 - 18,000,000 1,796,383 10.0% Business License Tax 11,500,000 - 11,500,000 2,209,933 19.2% Parking Tax 4,700,000 - 4,700,000 779,909 16.6%
Other Taxes 6,525,000 - 6,525,000 686,721 10.5%
Licenses and Permits 7,685,160 - 7,685,160 1,812,667 23.6% Intergovernmental 11,122,947 - 11,122,947 2,750,261 24.7% Charges for Services 33,897,117 20,000 33,917,117 3,542,798 10.4% Charges for Services - OIAA 24,821,242 - 24,821,242 4,136,874 16.7% Use of Money & Property 1,615,000 - 1,615,000 95,501 5.9% Fines and Forfeitures 996,000 - 996,000 304,103 30.5%
Miscellaneous 6,905,457 1,648,022 8,553,479 1,821,370 21.3% Total General Fund Revenues $ 445,232,923 $ 1,668,022 $ 446,900,945 $ 20,238,284 4.5% Transfers-In 2,000,000 433,378 2,433,378 2,433,378 100.0% TOTAL RESOURCES $ 447,232,923 $ 2,101,400 $ 449,334,323 $ 22,671,662 5.0% 1 Other Taxes includes Franchise Tax ($4.8M) and Property Transfer Tax ($1.5M). 2 Intergovernmental includes Cost Allocation Plan Revenue, Disability, Worker's Compensation, & Unemployment Internal Service Allocation Revenue. 3 Charges for Services includes Special Districts Service Charges ($13.7M). 4 City Services including Police & Fire to Ontario International Airport Authority (OIAA). 5 Includes Library Copier Deposit monies for self-service payment machine purchase. 6 Includes FY 2024-25 portion of City share of Toyota Arena revenues ($1.6M). 7 Includes transfer from Capital Projects Measure Q to General Fund for Housing Property acquisition.

City of Ontario
General Fund Revenue by Category
Fiscal Year 2025-26
First Quarter Budget Update
2 1
3 4
5 6
7 10
33 FY 2025-26 FY2025-26 Actuals as of
Adopted Budget Current Budget 9/30/2025 % Expended
Personnel Costs $ 269,279,604 - $ 120,248 $ 269,399,852 $ 56,423,273 20.9% Operating Expenditures 32,920,286 47,691 140,000 $ 33,107,977 9,328,347 28.2% Contractual Services 26,405,460 - - $ 26,405,460 3,917,170 14.8% Internal Service Allocations 51,400,418 - 1,378 $ 51,401,796 12,569,632 24.5% Reimbursement Agreements 10,961,000 - - $ 10,961,000 8,114 0.1% Contribution Expense 27,500 - - $ 27,500 - 0.0%
Capital Expenditures - 63,947 - $ 63,947 63,684 99.6%
Total Operating Expenditures $ 390,994,268 $ 111,638 $ 261,626 $ 391,367,532 $ 82,310,222 21.0% Transfers-Out 56,238,655 - 3,433,378 $ 59,672,033 56,238,655 94.2% Total General Fund Appropriations $ 447,232,923 $ 111,638 $ 3,695,004 $ 451,039,565 $ 138,548,877 30.7% 5 Transfers-Out includes $3M to Facilities Maintenance ISF Fund to shore up its fund balance and $433K to establish the City's Local Housing Trust Fund. 2 Personnel Costs includes $120K for Recommended Personnel Changes (add/deletes). 3 Operating Expenditures includes $120K for Maintenance service contract at Town Square park and $20K for self-service payment machine purchase utilizing Library Copier Machine Deposit. 4 Internal Service Allocations includes a $1K for Recommended Personnel Changes.

City of Ontario
General Fund Expenditures by Category
Fiscal Year 2025-26
First Quarter Budget Update
1 Excludes obligations/PO's.

CIP/Grants/POs
Carryforward
First Quarter
Budget Update
3 4
5 5
2 1
11 34
FY 2025-26 FY2025-26 Actuals as of
Adopted Budget Current Budget 9/30/2025 % Expended
Community Development $ 25,682,232 $ - $ 42,974 $ 25,725,206 $ 4,570,759 17.8% Community Life & Culture 33,629,666 - 19,434 33,649,100 7,650,504 22.7% Economic Development 21,877,421 - - 21,877,421 5,345,318 24.4% Financial Services 11,913,846 - (31,408) 11,882,438 2,312,444 19.5% Human Resources/Risk Management 7,267,500 - (17,852) 7,249,648 1,539,906 21.2% Management Services 11,085,493 - 2,914 11,088,407 2,947,432 26.6% Ontario Fire Department 102,878,946 63,947 - 102,942,893 20,844,993 20.2% Ontario Police Department 141,956,517 47,691 122,434 142,126,642 31,058,162 21.9% Public Works 34,702,647 - 123,130 34,825,777 6,040,703 17.3% Total General Fund Agencies $ 390,994,268 $ 111,638 $ 261,626 $ 391,367,532 $ 82,310,222 21.0% Transfers-Out 56,238,655 - 3,433,378 59,672,033 56,238,655 94.2% Total Appropriations & Transfers-Out $ 447,232,923 $ 111,638 $ 3,695,004 $ 451,039,565 $ 138,548,877 30.7% 2 Community Development includes includes $43K for Recommended Personnel Changes. 3 Community Life & Culture includes $20K self-service payment machine purchase utilizing Library Copier Machine Deposit. 4 Financial Services includes ($31K) for Recommended Personnel Changes (add/deletes).

City of Ontario
General Fund Expenditures by Agency
Fiscal Year 2025-26
First Quarter Budget Update
1 Excludes obligations/PO's.

CIP/Grants/POs
Carryforward
First Quarter Budget
Update
9 Transfers-Out includes $3M to Facilities Maintenane ISF Fund to shore up its fund balance and $433K to establish the City's Local Housing Trust Fund. 8 Public Works includes $120K for Maintenance service contract at Town Square park. 6 Management Services includes $3K for Recommended Personnel Changes (add/deletes). 5 Human Resources / Risk Management includes ($18K) for Recommended Personnel Changes (add/deletes). 7 Police Department includes $122K for Recommended Personnel Changes (add/deletes). 4 3
2 5
6 7
8 1
9 12
35 Fiscal Year 2025-26 Current Budget:

Estimated Beginning Fund Balance1 $ 85,863,462
Fiscal Year 2025-26 Adopted Budget:

Resources & Transfers-In 447,232,923
Appropriations & Transfers-Out (447,232,923)
First Quarter Budget Recommendations
Resources & Transfers-In 2,101,400
Appropriations & Transfers-Out (3,695,004)
Fiscal Year 2024-25 Carryforward Obligations (111,638)
Budget Surplus/(Deficit) $ (1,705,242)
Estimated Ending Fund Balance $ 84,158,220
Estimated General Fund Reserve 20%2 21.5%
2 For FY 2025-26, the Council approved reserve level is 20% with the goal of increasing the reserves up to 25% in future fiscal years. 1 Estimated Beginning Fund Balance for 07/01/2025 is unaudited.

City of Ontario
General Fund Budget Summary
Fiscal Year 2025-26
First Quarter Budget Update
13 36
Fund Description Balance Comments
1000 - General Fund Assigned to Economic Uncertainties $ 20,000,000 1000 - General Fund
Assigned Fund Balance for Stabilization
Plan 84,158,220
Estimated Fund Balance at FY 2025-26 First Quarter
Budget Update
1000 - General Fund Restricted for Denton Endowment 265,463 Interest restricted for Museum use; principal cannot
be used
1000 - General Fund Restricted for Barnes Trust 130,317 Museum use for donated family artifacts only 6010 - Equipment Services Police Helicopter Public Safety Reserve 7,027,310 Assigned for replacement of Police Helicopter 6010 - Equipment Services Police Safety Equipment Reserve 100,000 Assigned for replacement of Police Safety
Equipment
6010 - Equipment Services Fire Safety Equipment Reserve 500,000 Assigned for replacement of Fire Safety Equipment City of Ontario
Update on General Fund Reserve Balances
Fiscal Year 2025-26
First Quarter Budget Update
14 37
FY 2025-26 FY2025-26 Actuals as of
Adopted Budget Current Budget 9/30/2025 % Expended
Personnel Costs $ 353,233,371 $ 3,983,290 $ 304,339 $ 357,521,000 $ 78,935,411 22.1% Operating Expenditures 251,592,617 8,724,713 2,601,577 262,918,907 69,760,627 26.5% Contractual Services 754,768,948 145,699,277 9,898,822 910,367,047 130,786,219 14.4% Internal Service Allocations 91,703,448 5,300 1,278 91,710,026 22,641,369 24.7% Reimbursement Agreements 12,220,900 5,606,776 298,813 18,126,489 1,339,594 7.4% Debt Service 57,042,055 21,876,813 1,039,951 79,958,819 8,698,694 10.9% Contribution Expense 19,200,503 - - 19,200,503 129,178 0.7% Capital Expenditures 29,651,530 23,847,507 2,913,892 56,412,929 11,365,250 20.1% Total Operating Expenditures $ 1,569,413,372 $ 209,743,676 $ 17,058,672 $ 1,796,215,720 $ 323,656,344 18.0% Transfers-Out 84,332,536 - 7,352,095 91,684,631 83,199,414 90.7% Total Citywide Appropriations $ 1,653,745,908 $ 209,743,676 $ 24,410,767 $ 1,887,900,351 $ 406,855,758 21.6% 1 Includes expenses and obligations/PO's.

City of Ontario
Citywide Expenditures by Category
Fiscal Year 2025-26
First Quarter Budget Update
3 Operating Expenditures includes $860K for DIF credit Redemption of Bon View Ave Water main, $720K for new MDC for patrol units and police supplies with Asset Seisure funds, $305K for enterprise lease vehicles, $310K for Affordable Housing / Veteran Housing (Mission & Mountain) - Relocation Expense, $120K for Maintenance Service contract for Town Square, and $100K for Motel Voucher Project - SGVCG.
4 Contractual Services includes $3.3M for Downtown Euclid Ave. Corridor Project - Design for FY 2025-26 (offset by Euclid Relinquishment funds), $2.0M for PF2604 - Ontario Promise Corps Program Space and Mobility Hub Construction Costs (offset by insurance reimbursement), $800K for MS2605 - Broadband Fiber Network Expansion Sevice Area 05, $750K for PF2605 - C-Block Parking Structure Guidance System.
5 Internal Service Allocations includes $1K for Recommended Personnel Changes. 9 Transfers includes $3.5M Transfer from Information Technology Operating Fund to Information Technology - Capital Projects Fund for FY 2024-25 Carryforward of CIP Appropriations and Obligations, $3.0M Transfer from General Fund to Facilities Maintenancce fund to shore up its fund balance, $433K from Capital Projects - Measure Q fund to General Fund, and $433K transfer from General Fund to establish the City's Local Housing Trust Fund. 2 Personnel Costs includes $155K for Police grant overtime and $125K for Recommended Personnel Changes (add/deletes).

CIP/Grants/POs
Carryforward
First Quarter
Budget Update
8 Capital Expenditures includes $2.7M for MS2608 - South Campus Avenue Property Acquisition and $729K for PF2418 - Granada Theater - Real Property Purchase remaining balance. 7 Debt Service includes $720K for interest expense on MS2608 - South Campus Avenue Property Acquisition and $310K Contribution from Affordability In-Lieu Fund to OHA for PF2410 Affordable Housing / Veteran Housing (Mission & Mountain). 6 Reimbursement Agreements includes $300K reimbursement for Bon View Industrial projects. 2 3
4 5
8 9
1 7
6 15
38 FY 2025-26 FY2025-26 Actuals as of
Adopted Budget Current Budget 9/30/2025 % Expended
General Fund $ 447,232,923 $ 111,638 $ 3,695,004 $ 451,039,565 $ 138,548,877 30.7% Special Revenue Fund 87,396,147 52,534,478 6,221,271 146,151,896 21,334,653 14.6% Debt Service Fund 26,290,509 - - 26,290,509 3,861,366 14.7% Capital Projects Fund 644,660,576 125,866,022 9,096,662 779,623,260 125,122,604 16.0% Enterprise Funds 290,964,819 20,029,624 1,093,626 312,088,069 74,533,264 23.9% Internal Service Funds 155,167,468 4,504,356 3,994,204 163,666,028 42,488,367 26.0% Total City Funds $ 1,651,712,442 $ 203,046,118 $ 24,100,767 $ 1,878,859,327 $ 405,889,130 21.6% Ontario Housing Authority 2,033,466 6,697,558 310,000 9,041,024 966,628 10.7% Total All Funds $ 1,653,745,908 $ 209,743,676 $ 24,410,767 $ 1,887,900,351 $ 406,855,758 21.6% 1 Includes expenses and encumbrances/PO's.
3 Special Revenue Funds includes $2.7M for the South Campus Ave property acquisition, $800K for MS2605 - Broadband Fiber Network Expansion Sevice Area 05, $720K for MDC for Patrol Units/Admin Supplies, $360K for GR_ST2612 Safe Streets and Roads for All (SS4A) FY23, $300K for Professional Services for the administration of Community Facilities Districts (CC Approved 4/15/2025), $310K for GR2602 Cannabis Tax Fund Program FY 2025-26, $260K for GR_ST2608 CDBG Vineyard Avenue Pavement Rehabilitation Project. 4 Capital Projects Funds includes $3.3M for Downtown Euclid Ave. Corridor Project - Design for FY 2025-26 (offset by Euclid Relinquishment funds), $2.0M for PF2604 - Ontario Promise Corps Program Space and Mobility Hub Construction Costs (offset by insurance reimbursement), $860K for DIF credit Redemption of Bon View Ave Water main, $750K for PF2605 - C-Block Parking Structure Guidance System, $720K for PF2418 - Granada Theater - Real Property Purchase remaining balance. 5 Enterprise Funds includes ($126K) reduction for Recommended Personnel Changes. 6 Internal Service Funds includes $3.5M transfer from Information Technology Operating Fund to Information Technology - Capital Projects Fund for FY 2024-25 Carryforwards, $305K for Enterprise lease vehicles, and $158K in recommended personnel changes City of Ontario
Citywide Expenditures by Fund Type
Fiscal Year 2025-26
First Quarter Budget Update
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
2 General Fund includes $3M to Facilities Maintenance ISF Fund to shore up its fund balance and $433K to establish the City's Local Housing Trust Fund. 2 3
4 5
6 1
16 39
FY 2024-25
Unaudited Year-End
FY 2025-26
Current Budget
FY 2026-27
Projected
FY 2027-28
Projected
FY 2028-29
Projected
FY 2029-30
Projected
Resources 1 $ 455,368,525 $ 449,334,323 $ 464,193,520 $ 477,768,265 $ 495,709,864 $ 514,312,103 Appropriations 2 (346,373,427) (339,965,736) (349,646,300) (359,954,977) (370,591,567) (380,939,056) Internal Service Funds (ISF) Allocations (48,229,000) (51,401,796) (52,512,951) (53,695,427) (54,954,407) (55,604,283) CIP Transfers (19,775,232) (9,428,417) (7,095,296) (7,379,108) (7,674,272) (7,981,243) Debt Service (20,987,300) (44,178,238) (55,667,161) (56,584,794) (58,475,484) (66,456,727) Other Transfers (9,114,853) (6,065,378) (7,823,590) (8,187,001) (7,621,147) (1,010,678) Budget Surplus/(Deficit) $ 10,888,713 $ (1,705,242) $ (8,551,778) $ (8,033,042) $ (3,607,013) $ 2,320,116 Estimated Beginning Fund Balance $ 74,974,749 $ 85,863,462 $ 84,158,220 $ 75,606,442 $ 67,573,400 $ 63,966,387 Estimated Ending Fund Balance $ 85,863,462 $ 84,158,220 $ 75,606,442 $ 67,573,400 $ 63,966,387 $ 66,286,503 Projected Percent of GF Reserve level 21.8% 21.5% 18.8% 16.3% 15.0% 15.2% 1 Resources include Revenues & Transfers-In.
2 Appropriations excludes Transfers-Out and ISF Allocations. 3 CIP Transfers includes and $6.9M of Bradley Burns Revenues and $2.5M of Measure Q Revenues. Starting in FY 2026-27, only includes Bradley Burns Revenue 5 Other Transfers includes $3.0M to Facilities Maintenance ISF Fund to shore up its fund balance, $1.9M for Police Helicopter Reserve, $500k for Fire Safety Equipment Reserve, $433K to establish the City's Local Housing Trust Fund, $120k for Parkway Maintenance, and $100k for Police Safety Equipment Reserve.

City of Ontario
General Fund Five-Year Financial Forecast
Fiscal Year 2025-26
First Quarter Budget Update
4 Debt Service includes $26.3M for Lease Revenue Bonds (2017,2021,2022, 2023, and 2025) and $17.9M in property acquisition notes for the Sports Empire. 3 5
4 17
40 Recommended
FY 2025-26
Agency Adopted Budget
Community Development 84.00 - 84.00
Community Life & Culture 102.00 - 102.00
Economic Development 9.00 - 9.00
Financial Services 56.00 - 56.00
Human Resources 31.00 - 31.00
Information Technology 53.00 - 53.00
Management Services 42.00 - 42.00
Ontario Fire Department1 265.00 - 265.00
Ontario Municipal Utilities Company 139.00 - 139.00
Ontario Police Department2 429.00 - 429.00
Public Works 307.00 - 307.00
Total Authorized Full-Time Positions 1,517.00 - 1,517.00 General Fund 1,062.64 - 1,062.64
Other Funds 454.36 - 454.36
Total FTE All Funds 1,517.00 - 1,517.00
1 OFD positions includes the following sworn positions 213.00 - 213.00 2 OPD positions includes the following sworn positions 316.00 - 316.00 First Quarter Budget
Update
Total Authorized
Full-Time
Positions
City of Ontario
Authorized Full-Time Positions
Fiscal Year 2025-26
First Quarter Budget Update
18 41
Agency Department General Fund Other Fund Total Position Action Community Development
Building (1.00) - (1.00) Permit Technician Deletion $ 6,202 - $ 7,537 Building 1.00 - 1.00 Building Plans Examiner Addition $ 10,159 - $ 12,350 Building (1.00) - (1.00) Building Manager Deletion $ 12,875 - $ 15,650 Building 1.00 - 1.00 Deputy Building Official Addition $ 13,735 - $ 16,695 - - -
Community Life & Culture
Housing (1.00) - (1.00) Continnuum of Care Social Worker Deletion $ 8,180 - $ 9,941 Housing 1.00 - 1.00 Project Coordinator Addition $ 8,095 - $ 9,835 - - -
Financial Services
Budget (1.00) - (1.00) Departmental Administrator Deletion $ 12,913 - $ 17,181 Budget 1.00 - 1.00 Deputy Finance Director Addition $ 13,558 - $ 18,041 Revenue and Grants Management (1.00) - (1.00) Revenue Manager Deletion $ 11,343 - $ 13,790 Revenue and Grants Management 1.00 - 1.00 Senior Financial Analyst Addition $ 10,475 - $ 12,731 Debt Management (0.50) (0.50) (1.00) Financial Analyst Deletion $ 9,532 - $ 11,579 DIF 0.50 0.50 1.00 Office Assistant Addition $ 4,115 - $ 5,001 Accounting (1.00) - (1.00) Departmental Administrator Deletion $ 12,298 - $ 16,364 Accounting 1.00 - 1.00 Deputy Finance Director Addition $ 13,558 - $ 18,041 Investments (0.95) (0.05) (1.00) Management Analyst Deletion $ 7,935 - $ 9,644 Investments 0.95 0.05 1.00 Senior Management Analyst Addition $ 9,343 - $ 11,350 Purchasing (1.00) - (1.00) Purchasing Supervisor Salary Realignment $ 10,052 - $ 12,217 Purchasing 1.00 - 1.00 Purchasing Supervisor Salary Realignment $ 9,677 - $ 11,757 - - -
Human Resources/Risk Management
Human Resources Administration (1.00) - (1.00) Senior Human Resources Analyst Deletion $ 9,603 - $ 11,667 Human Resources Administration 1.00 - 1.00 Human Resources Analyst Addition $ 8,733 - $ 10,608 - - -
Management Services
Office of the City Manager (1.00) - (1.00) Administrative Assistant Deletion $ 5,912 - $ 7,185 Office of the City Manager 1.00 - 1.00 Senior Administrative Assistant Addition $ 6,505 - $ 7,902 - - -
Ontario Municipal Utilities
Operations - (0.35) (0.35) Utilities Operations Assistant Division Manager Deletion $ 9,677 - $ 11,757 Operations - (0.65) (0.65) Utilities Operations Assistant Division Manager Addition $ 9,677 - $ 11,757 Operations - 0.35 0.35 Utilities Operations Assistant Manager Deletion $ 9,677 - $ 11,757 Operations - 0.65 0.65 Utilities Operations Assistant Manager Addition $ 9,677 - $ 11,757 - - -
Salary Range
City of Ontario
Recommended Personnel Changes
Fiscal Year 2025-26
First Quarter Budget Update
Proposed Change
19 42
Agency Department General Fund Other Fund Total Position Action Salary Range City of Ontario
Recommended Personnel Changes
Fiscal Year 2025-26
First Quarter Budget Update
Proposed Change
Ontario Police Department
Police Dispatcher (1.00) - (1.00) Police Dispatcher Deletion $ 5,945 - $ 7,297 Senior Police Dispatcher 1.00 - 1.00 Senior Police Dispatcher Addition $ 6,536 - $ 8,022 Police Detective (1.00) - (1.00) Police Detective Deletion $ 10,150 - $ 12,336 Police Lieutenant 1.00 - 1.00 Police Lieutenant Addition $ 14,043 - $ 17,059 Digital Forensic Specialist (1.00) - (1.00) Digital Forensic Specialist Deletion $ 6,971 - $ 8,476 Digital Investigative Analyst 1.00 - 1.00 Digital Investigative Analyst Addition $ 6,971 - $ 8,476 Community Service Officer (1.00) - (1.00) Community Service Officer Deletion $ 5,408 - $ 6,571 Departmental Administrator 1.00 - 1.00 Departmental Administrator Addition $ 11,938 - $ 15,885 - - -
Public Works
Engineering (1.00) - (1.00) Engineering Assistant Deletion $ 8,343 - $ 10,135 Engineering 1.00 - 1.00 Assistant Engineer Addition $ 10,005 - $ 12,159 Municipal Services Department - (1.00) (1.00) Integrated Waste Collector Deletion $ 4,779 - $ 5,808 Municipal Services Department - 1.00 1.00 Senior Equipment Mechanic Addition $ 6,566 - $ 7,979 Municipal Services Department - (1.00) (1.00) Integrated Waste Collector Deletion $ 4,779 - $ 5,808 Municipal Services Department - 1.00 1.00 Senior Equipment Mechanic Addition $ 6,566 - $ 7,979 - - -
Total Additions/(Deletions) - - -
Net Change By Fund First Quarter Adjustments Net FTE Change 1000 General Fund $ 122,192 -
1011 Measure Q $ (566) -
2010 C.D.B.G. $ - -
2020 HOME Grants $ - -
2310 Ontario Housing Authority $ - -
2400 Grants Fund $ - -
2521 Broadband / Fiber $ - -
2530 Gas Tax $ - -
2600 Special Assessment Administration $ (26,626) -
2610 Parkway Maintenance $ - -
2630 Street Light Maintenance $ - -
2640 Storm Drain Maintenance $ - -
5010 Water Operating $ - -
5011 Water Capital $ - -
5110 Sewer Operating $ - -
5111 Sewer Capital $ - -
5210 Integrated Waste $ (126,730) -
6010 Equipment Services $ 158,450 -
6020 Information Technology $ - -
6030 Facility Maintenance $ - -
6110 Workers Compensation $ - -
6111 General Liability $ - -
Grand Total $ 126,720 -
20 43
Agency Description
Appropriation
Adjustment General Fund Other Funds
Community Development
Recommended Personnel Changes 42,974 42,974 -
42,974 42,974 -
Community Life & Culture
Self-service payment machine purchase utilizing Library Copier Machine Deposit 20,000 20,000 - Recommended Personnel Changes (566) (566) -
Carryforward CIP Appropriations from FY 2024-25 16,858,949 - 16,686,058 Appropriate Public Art Fund budget for Public Art at the Fire Station Admin Building 18,100 - 18,100 PF2410 - Affordable Housing / Veteran Housing (Mission & Mountain) 310,000 - 310,000 PF2410 - Affordable Housing / Veteran Housing (Mission & Mountain) - Contribution to OHA 310,000 - 310,000 MS2604 - Motel Voucher Project - SGVCG 100,000 - 100,000 Public Art Micro-Grants pilot program and Downtown Ontario Mural walls/art showcase 55,000 - 55,000 Carryforward Grant Appropriation from FY 2024-25 13,198,713 - 13,198,713 GR2699_1 CDBG Grant Admin 3,718 - 3,718
GR_ST2601 CDBG Rubber-Polymer Modified Slurry Seal (RPMSS) Project 30,000 - 30,000 GR2655 CDBG Extreme Weather Motel Voucher Program 3,718 - 3,718 GR_ST2608 CDBG Vineyard Avenue Pavement Rehabilitation Project 263,919 - 263,919 GR2660 Emergency Rent Protection Program - adjustment to grant (4,498) - (4,498) GR2699_2 ESG Admin - adjustment to grant (1,447) - (1,447) GR2329 HOME-ARP Administration - adjustment to grant 607 - 607 GR2328 HOME-ARP Rental Assistance Program - adjustment to grant 3,447 - 3,447 GR2671 Housing Rehabilitation and New Construction - adjustment to grant 1,804 - 1,804 GR2672 HOME TBRA - adjustment to grant 1,805 - 1,805
GR2670 HOME CHDO - adjustment to grant 722 - 722
GR2699_3 HOME Program Admin - adjustment to grant 435 - 435 31,174,426 19,434 30,982,101
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2025-26
First Quarter Budget Update
21 44
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2025-26
First Quarter Budget Update
Economic Development
Carryforward CIP Appropriations from FY 2024-25 14,299,909 - 14,299,909 MS2101 - Part 150 Management and Maintenance 245,000 - 245,000 MS2305 - N. Mountain & D Street - Lproperty Acquisition remaining balance 46,529 - 46,529 MS2608 - South Campus Avenue Property Acquisition 2,680,215 - 2,680,215 PF2418 - Granada Theater Property Acquisition remaining balance 729,158 - 729,158 18,000,811 - 18,000,811
Financial Services
Recommended Personnel Changes (58,034) (31,072) (26,962) Carryforward CIP Appropriations from FY 2024-25 (DIF Contributions) 13,228,921 - 13,228,921 DIF reimbursement for water main on Bon View Ave.(Cedar St. to S Francis St.). 859,305 - 859,305 Professional Services for the administration of Community Facilities Districts (CC Approved 4/15/2025) 300,000 - 300,000 14,330,192 (31,072) 14,361,264
Human Resources/Risk Management
Recommended Personnel Changes (17,852) (17,852) -
(17,852) - -
Information Technology
Carryforward CIP Appropriations from FY 2024-25 3,485,339 - 3,485,339 3,485,339 - 3,485,339
Management Services
Recommended Personnel Changes 2,914 2,914 -
PF2605 - C-Block Parking Structure Guidance System 800,000 - 800,000 Carryforward Grant Appropriations from FY 2024-25 35,773 - 35,773 838,687 2,914 835,773
22 45
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2025-26
First Quarter Budget Update
OMUC
Carryforward CIP Appropriations from FY 2024-25 7,679,875 - 7,679,875 To cover costs of reimbursement for Bon View Industrial projects. 298,813 - 298,813 To cover costs of reimbursement for Citywide Water Main Improvements 876,164 - 876,164 Carryforward Grant Appropriations from FY 2024-25 8,874,053 - 8,874,053 17,728,905 - 17,728,905
Ontario Fire Department
Carryforward Appropriations from FY 2024-25 239,708 63,947 175,761 Carryforward Grant Appropriations from FY 2024-25 255,120 - 255,120 GR2601 Emergency Mgmt Performance Grant (EMPG) FY24 21,626 - 21,626 516,454 63,947 452,507
Ontario Police Department
Carryforward Appropriations from FY 2024-25 92,281 47,691 44,590 Recommended Personnel Changes 122,434 122,434 -
ASO Mounted Unit Trailer 57,941 - 57,941
Carryforward CIP Appropriations from FY 2024-25 1,657,911 - 1,657,911 New MDC for Patrol Units/Police Supplies 721,786 - 721,786 GR2602 Cannabis Tax Fund Program FY 2025-26 309,692 - 309,692 Carryforward Grant Appropriations from FY 2024-25 4,042,246 - 4,042,246 7,004,291 170,125 6,834,166
23 46
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2025-26
First Quarter Budget Update
Public Works
Landscape Maintenance Service contract for Town Square 120,000 120,000 - Recommended Personnel Changes 3,130 3,130 -
Appropriate additional funding for the installation of Downtown Bollard Project 96,982 - 96,982 John Galvin Park Snack Bar Renovation Project for construction costs and special inspection services 360,839 - 360,839 Carryforward CIP Appropriations from FY 2024-25 114,621,222 - 114,621,222 Carryforward Appropriations from FY 2024-25 77,442 - 77,442 Downtown Euclid Ave. Corridor Project - Design for FY 2025-26 3,300,000 - 3,300,000 Enterprise Leased vehicle costs for City fleet 350,415 - 350,415 ST2612 & GR_ST2612 - Safe Streets and Roads for All Grant Match 90,000 - 90,000 Appropriate Public Art Fund budget for Public Art at the Fire Station Admin Building (18,100) - (18,100) PF2604 - Ontario Promise Corps Program Space and Mobility Hub Construction Costs 2,000,000 - 2,000,000 PF2605 - C-Block Parking Structure Guidance System 750,000 - 750,000 SM2601 - Campus Avenue Storm Drain Design 50,000 - 50,000 Gas Tax funds neede for City's Pavement Management Program 50,000 - 50,000 Recommended Personnel Changes 31,720 - 31,720
Redistributing budget - MS_TCAH03 - Enhanced Pedestrian Crossings (658,871) - (658,871) Redistributing budget - MS_TCAT12 - Mission Blvd. Bike and Pedestrian Improvements 658,871 - 658,871 Redistributing budget - TR2301 - Traffic Signal Improvement - Campus/Mission 10,547 - 10,547 Redistributing budget - TR2303 - Traffic Signal Improvement - San Antonio/Francis (10,547) - (10,547) Appropriate funding for traffic signal system and traffic signal modifications due to higher than expected proposal costs 214,698 - 214,698 PA2602 John Galvin, James Galanis, and Veterans Memorial Park Underground Conduit and Lights Replacement 107,000 - 107,000 GR2527 Beverage Container Recycling Grant FY 24-25 45,379 - 45,379 GR_ST2612 Safe Streets and Roads for All (SS4A) FY23 360,000 - 360,000 TR2601 - Quiet Zone Analysis reallocation to Internal Circulator Planning Study (120,000) - (120,000) TR2603 - Internal Circulator Planning Study appropriation, reallocation to Quiet Zone Analysis 120,000 - 120,000 Carryforward Grant Appropriation from FY 2024-25 11,087,394 - 11,087,394 133,698,121 123,130 133,574,991
Total Expenditures 226,802,348 391,452 226,255,857
Transfers-Out 7,352,095 - 7,352,095
Grand Total $ 234,154,443 $ 391,452 $ 233,607,952
24 47
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact

GENERAL FUND
Fund 1000 - General Fund
Carryforward Appropriations from FY 2024-25 111,638 - - - (111,638.00) Self-service payment machine purchase utilizing Library Copier Machine Deposit 20,000 20,000 - - - Landscape Maintenance Service contract for Town Square 120,000 - - - (120,000.00) FY 24/25 Toyota Arena City's Share of Revenues (*50% received in FY 2024-25) - 1,648,022 - - 1,648,022.00 Recommended Personnel Changes 121,626 - - - (121,626.00) General Fund transfer to Facilities Maintenance Fund to shore up its fund balance - - - 3,000,000 (3,000,000.00) Transfer from Capital Projects Measure Q to General Fund - - 433,378 - 433,378.00 General Fund transfer to to establish the City's Local Housing Trust Fund - - - 433,378 (433,378.00) GENERAL FUND TOTAL 373,264 1,668,022 433,378 3,433,378 (1,705,242.00)

SPECIAL REVENUE FUNDS
Fund 2010 - Community Development Block Grant -
Budget Revision - GR2699_1 CDBG Grant Admin 3,718 3,718 - - - GR_ST2601 CDBG Rubber-Polymer Modified Slurry Seal (RPMSS) Project 30,000 30,000 - - - GR2655 CDBG Extreme Weather Motel Voucher Program 3,718 3,718 - - - GR_ST2608 CDBG Vineyard Avenue Pavement Rehabilitation Project 263,919 263,919 - - - Budget Revision - GR2660 Emergency Rent Protection Program (4,498) (4,498) - - - Budget Revision - GR2699_2 ESG Admin (1,447) (1,447) - - - Carryforward Grant Appropriation from FY 2024-25 1,872,781 1,872,781 - - - 2,168,191 2,168,191 - - -
Fund 2020 - HOME Grants -
GR2329 HOME-ARP Administration 607 607 - - -
GR2328 HOME-ARP Rental Assistance Program 3,447 3,447 - - - GR2671 Housing Rehabilitation and New Construction 1,804 1,804 - - - GR2672 HOME TBRA 1,805 1,805 - - -
GR2670 HOME CHDO 722 722 - - -
GR2699_3 HOME Program Admin 435 435 - - -
Carryforward Grant Appropriation from FY 2024-25 2,118,730 2,118,730 - - - 2,127,550 2,127,550 - - -
City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
First Quarter Budget Update
25 48
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
First Quarter Budget Update
Fund 2210 - Measure I
Carryforward CIP Appropriations from FY 2024-25 5,674,598 - - - (5,674,598.00) ST2505 - Adjustment from Measure I to Road Maintenance and Rehabilitation Program (200,000) - - - 200,000.00 5,474,598 - - - (5,474,598.00)
Fund 2220 - Measure I Valley Major Project
Carryforward CIP Appropriations from FY 2024-25 2,759,572 5,228,473 - - (2,759,572) 2,759,572 5,228,473 - - (2,759,572.00)
Fund 2400 - General Fund Grants -
GR2602 Cannabis Tax Fund Program FY 2025-26 309,692 309,692 - - - GR_ST2612 Safe Streets and Roads for All (SS4A) FY23 360,000 360,000 - - - GR2601 Emergency Mgmt Performance Grant (EMPG) FY24 21,626 21,626 - - - Carryforward Grant Appropriation from FY 2024-25 17,282,752 17,282,752 - - - 17,974,070 17,974,070 - - -
Fund 2510 - DOJ Asset Seizure
New MDC for Patrol Units/Police Supplies 721,786 - - - (721,786.00) Trailer for Police Mounted Patrol Unit 57,941 - - - (57,941.00) 779,727 - - - (779,727.00)
Fund 2513 - Fire Mutual Aid
Carryforward Appropriations from FY 2024-25 175,761 - - - (175,761.00) 175,761 - - - (175,761.00)
Fund 2520 - Cable Access Fund
Carryforward CIP Appropriations from FY 2024-25 420,004 - - - (420,004.00) 420,004 - - - (420,004.00)
Fund 2521 - Broadband / Fiber
MS2605 - Broadband Fiber Network Expansion Sevice Area 05 800,000 - - - (800,000.00) Carryforward Grant Appropriation from FY 2024-25 35,773 35,773 - - - 835,773 35,773 - - (800,000.00)
Fund 2530 - Gas Tax
Additional appropriations for City's Pavement Management Program 50,000 - - - (50,000.00) 50,000 - - - (50,000.00)
26 49
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
First Quarter Budget Update
Fund 2531 - Road Maint & Rehab Acct (SB1)
Carryforward CIP Appropriations from FY 2024-25 6,211,224 - - - (6,211,224.00) Budget Revision - MS_TCAT12 - Mission Blvd. Bike and Pedestrian Improvements 658,871 - - - (658,871.00) Budget Revision - MS_TCAH03 - Enhanced Pedestrian Crossings (658,871) - - - 658,871.00 ST2505 - Adjustment from Measure I to Road Maintenance and Rehabilitation Program 200,000 - - - (200,000.00) ST2612 & GR_ST2612 - Safe Streets and Roads for All Grant Match 90,000 - - - (90,000.00) Additional Appropriations for traffic signal system and traffic signal modifications 214,698 - - - (214,698.00) Budget Revision - TR2301 - Traffic Signal Improvement - Campus/Mission 10,547 - - - (10,547.00) Budget Revision - TR2303 - Traffic Signal Improvement - San Antonio/Francis (10,547) - - - 10,547.00 TR2601 - Quiet Zone Analysis reallocation to Internal Circulator Planning Study (120,000) - - - 120,000.00 TR2603 - Internal Circulator Planning Study appropriation, reallocation to Quiet Zone Analysis 120,000 - - - (120,000.00) 6,715,922 - - - (6,715,922.00)
Fund 2570 - Economic Development Activities Fund
Carryforward CIP Appropriations from FY 2024-25 413,471 - - - (413,471.00) MS2101 - Part 150 Property Management and Maintenance 245,000 - - - (245,000.00) MS2305 - N. Mountain & D Street - Property acquisition remaining balance 46,529 - - - (46,529.00) MS2608 - South Campus Avenue Property Acquisition 2,680,215 - - - (2,680,215.00) 3,385,215 - - - (3,385,215.00)
Fund 2580 - Public Art Fee Fund
Public Art Micro-Grants pilot program and Downtown Ontario Mural showcase 55,000 55,000 - - - Carryforward CIP Appropriations from FY 2024-25 18,100 - - - (18,100.00) 73,100 55,000 - - (18,100.00)
Fund 2600 - Special Assessment Administration
Community Facilities Districts administration agreement (CC Approved 4/15/2025) 300,000 - - - (300,000.00) Recommended Personnel Changes (26,626) - - - 26,626.00
273,374 - - - (273,374.00)
Fund 2650 - Park Impact/Quimby
Carryforward CIP Appropriations from FY 2024-25 15,542,892 - - - (15,542,892.00) 15,542,892 - - - (15,542,892.00)
SPECIAL REVENUE FUNDS TOTAL 58,755,749 27,589,057 - - (36,395,165.00) 27 50
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
First Quarter Budget Update

CAPITAL PROJECT FUNDS
Fund 4010 - Capital Projects
Carryforward CIP Appropriations from FY 2024-25 89,071,101 11,108,978 - - (77,962,123.00) Appropriate additional funding for the installation of Downtown Bollard Project 96,982 - - - (96,982.00) Additional appropriations for John Galvin Snack Bar Renovation Project construction costs 360,839 - - - (360,839.00) Downtown Euclid Ave. Corridor Project - Design for FY 2025-26 3,300,000 - - - (3,300,000.00) Appropriate fundst for Public Art at the Fire Station Admin Building (18,100) - - - 18,100.00 PF2418 - Granada Theater - Property Acquisition remaining balance 729,158 - - - (729,158.00) PF2604 - Ontario Promise Corps Program Space and Mobility Hub Construction Costs 2,000,000 - - - (2,000,000.00) PF2604 - Ontario Promise Corps Program Space and Mobility Hub Insurance Reimbursement - 2,000,000 - - 2,000,000.00 PF2605 - C-Block Parking Structure Guidance System 750,000 - - - (750,000.00) SM2601 - Campus Avenue Storm Drain Design 50,000 - - - (50,000.00) MS2604 - Motel Voucher Project - SGVCG 100,000 - - - (100,000.00) PA2602 John Galvin, James Galanis, and Veterans Memorial Park Underground Conduit and Lights Replacement 107,000 - - - (107,000.00)
Transfer from Capital Projects Measure Q to General Fund - - - 433,378 (433,378.00) 96,546,980 13,108,978 - 433,378 (83,871,380.00)
Fund 4020 - Ground Access
Carryforward CIP Appropriations from FY 2024-25 1,514,944 - - - (1,514,944.00) Carryforward Grant Appropriation from FY 2024-25 3,334,730 3,334,730 - - - 4,849,674 3,334,730 - - (1,514,944.00)
Fund 4030 - Affordability In-Lieu
Carryforward CIP Appropriations from FY 2024-25 9,808,295 - - - (9,808,295.00) PF2410 - Affordable Housing / Veteran Housing (Mission & Mountain) - Contribution to OHA 310,000 - - - (310,000.00) 10,118,295 - - - (10,118,295.00)
Fund 4031 - Local Housing Trust Fund
General Fund transfer to to establish the City's Local Housing Trust Fund - - 433,378 - 433,378.00 - - 433,378 - 433,378.00
Fund 4213 - Law Enforcement Impact
Carryforward Appropriations from FY 2024-25 44,590 - - - (44,590.00) Carryforward CIP Appropriations from FY 2024-25 950,355 - - - (950,355.00) 994,945 - - - (994,945.00)
28 51
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
First Quarter Budget Update
Fund 4310 - Old Model Colony - Fire Impact
Carryforward CIP Appropriations from FY 2024-25 304,132 - - - (304,132.00) 304,132 - - - (304,132.00)
Fund 4311 - OMC - Local Adjacent Water
Carryforward CIP Appropriations from FY 2024-25 10,500,549 - - - (10,500,549.00) 10,500,549 - - - (10,500,549.00)
Fund 4312 - OMC - Local Adjacent Streets
Carryforward CIP Appropriations from FY 2024-25 2,388,666 - - - (2,388,666.00) 2,388,666 - - - (2,388,666.00)
Fund 4313 - OMC - Local Adjacent Storm Drain
Carryforward Appropriations from FY 2024-25 77,442 - - - (77,442.00) 77,442 - - - (77,442.00)
Fund 4314 - OMC - Local Adjacent Water
DIF reimbursement for water main on Bon View Ave.(Cedar St. to S Francis St.). 859,305 - - - (859,305.00) Carryforward CIP Appropriations from FY 2024-25 944,518 - - - (944,518.00) 1,803,823 - - - (1,803,823.00)
Fund 4317 - OMC - Regional Streets
Carryforward CIP Appropriations from FY 2024-25 380,910 - - - (380,910.00) 380,910 - - - (380,910.00)
Fund 4412 - Ontario Ranch - Local Adjacent Sewer
Carryforward CIP Appropriations from FY 2024-25 165,048 (165,048.00) 165,048 - - - (165,048.00)
Fund 4415 - Ontario Ranch - Local Adjacent Storm Drain
Carryforward CIP Appropriations from FY 2024-25 1,103,126 - - - (1,103,126.00) 1,103,126 - - - (1,103,126.00)
Fund 4419 - Ontario Ranch - Regional Streets
Carryforward CIP Appropriations from FY 2024-25 4,499,582 (4,499,582.00) 4,499,582 - - - (4,499,582.00)
Fund 4420 - Ontario Ranch - Regional Water
Carryforward CIP Appropriations from FY 2024-25 796,134 - - - (796,134.00) 796,134 - - - (796,134.00)
-
CAPITAL PROJECT FUNDS TOTAL 134,529,306 16,443,708 - 433,378 (118,518,976.00) 29 52
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
First Quarter Budget Update

ENTERPRISE FUNDS
Fund 5011 - Water Capital
Carryforward CIP Appropriations from FY 2024-25 4,491,497 2,902,921 - - (1,588,576.00) Reimbursement Agreement for Bon View Industrial projects 298,813 - - - (298,813.00) Reimbursement Agreement for Citywide Water Main Improvements 876,164 - - - (876,164.00) Carryforward Grant Appropriation from FY 2024-25 8,874,053 8,874,053 - - - 14,540,527 11,776,974 - - (2,763,553.00)
Fund 5111 - Sewer Capital
Carryforward CIP Appropriations from FY 2024-25 2,907,924 10,665,597 - - 7,757,673.00 2,907,924 10,665,597 - - 7,757,673.00
Fund 5210 - Integrated Waste 13,769,438.00
Recommended Personnel Changes (126,730) - - - 126,730.00 GR2527 Beverage Container Recycling Grant FY 24-25 45,379 45,379 - - - Carryforward Grant Appropriation from FY 2024-25 3,756,150 3,756,150 - - - 3,674,799 3,801,529 - - 126,730.00
ENTERPRISE FUNDS TOTAL 21,123,250 26,244,100 - - 5,120,850.00

INTERNAL SERVICE FUNDS
Fund 6010 - Equipment Services 9,886,966.00
Leased Vehicle Costs for Fleet Vehicles 350,415 - - - (350,415.00) Recommended Personnel Changes 158,450 - - - (97,108.00) 508,865 - - - (508,865.00)
Fund 6020 - Information Technology 300,682.00
Transfer to IT Capital Projects Fund for FY 2024-25 Carryforward of CIP Appropriations - - - 3,485,339 (3,485,339.00) - - - 3,485,339 (3,485,339.00)
30 53
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
First Quarter Budget Update
Fund 6021 - Information Technology Capital Projects
Transfer to IT Capital Projects Fund for FY 2024-25 Carryforward of CIP Appropriations - 3,485,339 3,485,339.00 Carryforward CIP Appropriations from FY 2024-25 3,485,339 - - - (3,485,339.00) 3,485,339 - 3,485,339 - -
Fund 6030 - Facilities & Parks Maintenance 1,714,319.00 SCE Reimbursement for PD Battery Energy Storage System - 91,120 - - 91,120.00 Carryforward CIP Appropriations from FY 2024-25 605,171 - - - (605,171.00) Carryforward Grant Appropriations from FY 2024-25 218,330 218,330 - - 218,330.00 Transfer from General Fund to Facilities Maintenance Fund to shore up its fund balance - - 3,000,000 - 3,000,000.00 823,501 309,450 3,000,000 - 2,704,279.00
Fund 6111 - General Liability 307,617.00
Carryforward CIP Appropriations from FY 2024-25 195,516 1,024,122 - - 828,606.00 195,516 1,024,122 - - 828,606.00
-
INTERNAL SERVICE FUNDS TOTAL 5,013,221 1,333,572 3,000,000 3,485,339 (461,319.00) TOTAL CITY FUNDS BUDGET ADJUSTMENTS 219,794,790 73,278,459 3,433,378 7,352,095 (151,959,852.00) Fund 2310 - Ontario Housing Authority 7,086,851.00
Carryforward CIP Appropriations from FY 2024-25 6,697,558 9,808,295 - - 3,110,737.00 PF2410 - Affordable Housing / Veteran Housing (Mission & Mountain) - Relocation Expense 310,000 310,000 - - - 7,007,558 10,118,295 - - 3,110,737.00
-
AGENCY FUNDS TOTAL 7,007,558 10,118,295 - - 3,110,737.00 -
TOTAL ALL FUNDS BUDGET ADJUSTMENTS 226,802,348 83,396,754 3,433,378 7,352,095 (148,849,115.00) 31 54
Department: Public Works
Prepared By: Jay Bautista
Department: Public Works
Prepared By: Jay Bautista
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam, Andrea
Ampig
Approved By:

DEPARTMENT OF TRANSPORTATION FOR CHANGES TO THE CALIFORNIA ROAD

SYSTEM FUNCTIONAL CLASSIFICATION MAPS FOR THE CITY OF ONTARIO

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution approving a request to the State of California Department of Transportation for changes to the California Road System Functional Classification Maps.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: On January 27, 2010, the City Council approved a comprehensive update to the City's General Plan, The Ontario Plan (TOP). On August 16, 2022, the City Council certified the TOP 2050 Update which included an update to the Policy Plan and associated Environmental Impact Report. As part of that process, the Mobility Element of the TOP 2050 was updated.

The Mobility Element includes a Functional Roadway Classification Plan that defines the City’s backbone street network by roadway type. These classifications - Other Principal Arterial, Minor Arterial and Collector Street - are based on the traffic service provided and align with those used on the California Road System (CRS) maps. However, updates made in the TOP 2050 revised several roadway classifications from previous versions, resulting in inconsistencies between the TOP 2050 Functional Roadway Classification Plan and the existing CRS maps.

In addition, several roadway segments have been improved since the original TOP was adopted.

These changes are not yet shown on the existing CRS maps but are included in this update to reflect the current conditions more accurately.
55 The proposed changes are identified in Exhibit A of the Resolution.

To ensure consistency between the City's updated roadway classifications, recent improvements, and the CRS maps, the City must submit a City Council Resolution and the Functional Classification Change Request Form to the Southern California Association of Governments (SCAG) for review.

Upon approval, SCAG will issue a concurrence letter supporting the requested CRS map updates.

For final approval, Caltrans requires the submission of the Functional Classification Change Request Form, the City Resolution, and SCAG’s concurrence letter.

This action is only intended to align the CRS maps with the roadway classifications adopted in TOP 2050 and reflect completed roadway improvements. Because an Environmental Impact Report (EIR) was already certified with the TOP 2050 update, no additional environmental review is needed. 56 RESOLUTION NO. _______

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

CALIFORNIA, APPROVING A REQUEST TO THE STATE OF

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR CHANGES

TO THE CALIFORNIA ROAD SYSTEM FUNCTIONAL CLASSIFICATION MAPS.

WHEREAS, the State of California Department of Transportation in cooperation with the U.S. Department of Transportation and the Federal Highway Administration maintain roadway functional classification maps also known as California Road System (CRS) Maps; and
WHEREAS, incorporated cities are responsible for initiating requests to the Department of Transportation for changes to the functional classification of streets and roads within their jurisdictions; and
WHEREAS, the City of Ontario desires to amend the CRS maps to reflect consistency with the latest city street functional classifications as shown in The Ontario Plan general plan document; and
WHEREAS, the functional classification changes shown in Exhibit A attached hereto have been reviewed by the City Council of the City of Ontario.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ontario approves the functional classification changes and requests that the State of California Department of Transportation amend the California Road System maps.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 4
th day of November, 2025.
_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
57 APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
58 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held November 4, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held November 4, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
59 EXHIBIT A
60 EXHIBIT A
61 Functional Classification Change Request Form
Please refer to page two for specific data entry for each column. CRS Map NumberCoordinateCT DistrictCountyJurisdiction
Change/
New/
Delete Road From To
(From)
Class
(To)
New
Class
Length
(mi)
Number of
Through
Lanes AADT
Submitted by:

Date:

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62 63
San Bernardino County CALIFORNIA ROAD SYSTEM
MAP 14V24
LOCAL 7
MINOR COLLECTOR 6
MAJOR COLLECTOR 5
MINOR ARTERIAL 4
OTHER PRINCIPAL ARTERIAL 3
OTHER FWY OR EXPWY 2
INTERSTATE 1

FUNCTIONAL CLASSIFICATION SYSTEM

SIGN ROUTES

INTERSTATE
£¤3 U.S.
|ÿ
1 STATE
COUNTY BOUNDARY §¨¦5

CITY BOUNDARY

RAILROAD

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
In Cooperation With The

FEDERAL HIGHWAY ADMINISTRATION
AND LOCAL AGENCIES Ü
0 0.25 0.5 0.75 1
Mile
APPROVED Date: 02/07/2023

FEDERAL HIGHWAY ADMINISTRATION
________________________________
FOR: VINCENT P. MAMMANO

DIVISION ADMINISTRATOR LOS

ANGELES

ORANGE RIVERSIDE
SAN

BERNARDINO
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Francis Ave
E Guasti
Rd
S
V
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a
r
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Av
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Monte Vista Ave Hellman Ave
4Th St
Alvardo St
N Grove Ave
Grand
Ave
Edam St
S Vineyard Ave
Ave
Crocus
E Riverside Dr
W Walnut
St
S Sultana
Ave
Tronkeel
Ave
Daniels
Redwood Ave St
Grove Ave
N Hellman Ave
S Mildred Ave
Park Pl
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Avila Ave
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Del
Ch
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Ave
N
Vi
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Av
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N Baker Ave
Fern Ave
Philadelphia St Telephone Ave
E Phillips St
Inland
Empire Blvd
San Antonio Ave
S Parco Ave
E State St
S Carlos Ave
Telephone Ave
S Hellman Ave
E Belmont St
E 5Th St
State St
Mission Blvd
Kingsley St
Orchard St
Benito St
San Bernardino St
Holt Blvd
Howard St
Phillips Blvd
Chino Ave
S Baker Ave
S Cucamonga Ave
E 4Th St
N Sultana Ave
N Campus Ave
N San Antonio Ave
N Mountain Ave
Fern Ave
Benson Ave
E Airport Dr
W 5Th St
W 4Th St
W G St
W Holt Blvd
W Philadelphia St
W I St
W State St
W D St
W Francis St
W Phillips St
W Mission Blvd
E I St
S Benson Ave Benson Ave
S Bon View Ave
Magnolia Ave
S San Antonio Ave
Mountain Ave
S Sultana Ave
S
M
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ta
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Av
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E Walnut St
E G St
M
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t
e
V
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s
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Av
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S Campus Ave
Walnut Ave
Riverside Dr
E D St
E Francis St
E Philadelphia St
E Holt Blvd
E Mission Blvd
Monte Vista Ave
Schaefer Ave
C
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n
t
r
al Av
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Palo Verde St
S
G
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Ave S Grove Ave
1 1
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SEE MAP 14V25
SEE MAP 14V23
SEE MAP 14V34
64 San Bernardino - Riverside County CALIFORNIA ROAD SYSTEM MAP 14V25
LOCAL 7
MINOR COLLECTOR 6
MAJOR COLLECTOR 5
MINOR ARTERIAL 4
OTHER PRINCIPAL ARTERIAL 3
OTHER FWY OR EXPWY 2
INTERSTATE 1

FUNCTIONAL CLASSIFICATION SYSTEM

SIGN ROUTES

INTERSTATE
£¤3 U.S.
|ÿ
1 STATE
COUNTY BOUNDARY §¨¦5

CITY BOUNDARY

RAILROAD

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
In Cooperation With The

FEDERAL HIGHWAY ADMINISTRATION
AND LOCAL AGENCIES Ü
0 0.25 0.5 0.75 1
Mile
APPROVED Date: 02/07/2023

FEDERAL HIGHWAY ADMINISTRATION
________________________________
FOR: VINCENT P. MAMMANO

DIVISION ADMINISTRATOR

RIVERSIDE
SAN

BERNARDINO
!(
!(
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CHAMPAGNE

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SAN

BERNARDINO
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Jasmine
St
Charles
Smith Ave
San Sevaine
Way
E Francis St
Inland Emp
Blvd
ire
Marlatt
St
S Excise
Ave
Philadelphia Ave
Galena St
Santa Ana Ave
B
a
n
i
St
Cherry Ave
Archibald Ave
Hermosa Ave
Haven Ave
Cleveland Ave
Etiwanda Ave
Milliken Ave
N
Center
Av
e
Chino Ave
E Guasti Rd
S Business Pkwy
S Wineville Ave
S Vintage Ave
Ro
c
h
e
s
t
e
r
Av
e
S
Win
e
vil el Ave
Mission
Blvd
Au
t
o
C
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n
te
r
Dr
Cantu Galleano Ranch
Santa Ana St
E Francis St
S Archibald Ave
D
o
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ble
d
a
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Av
e
N
E
t
i
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a
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a
Av
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Santa Ana St
N
H
a
v
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Av
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S
D
u
p
o
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t
Av
e
E Cedar St
Marlay Ave
N Milliken Ave
S
Wa
n
a
m
a
ke
r
Av
e
S Rockefeller Ave
Country
Vil al g
e
R
d
N Archibald Ave
Ontario Ranch Rd
Kettering Dr
Hamner Ave
Bellegrave Ave
S Archibald Ave
San Bernardino Ave
Valley Blvd
Slover Ave
Jurupa Ave
S Milliken Ave
Van Buren Blvd
W
n
i
eville
Ave
S Etiwanda Ave
E Philadelphia St
Riverside Dr
Mission Blvd
Etiwanda Ave
E Riverside Dr
E Airport Dr
E Mission Blvd
S Haven Ave
4Th St
Milliken Ave
Ontario Mills Pkwy
S Commerce Pkwy
M
u
bl e
r
r
y
Av
e
Inland Empire Blvd
E Jurupa St
1 1
2 2
3 3
4 4
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SEE MAP 14V15
SEE MAP 15V21
SEE MAP 14V24
SEE MAP 14V35
65 San Bernardino - Riverside County CALIFORNIA ROAD SYSTEM MAP 14V34
LOCAL 7
MINOR COLLECTOR 6
MAJOR COLLECTOR 5
MINOR ARTERIAL 4
OTHER PRINCIPAL ARTERIAL 3
OTHER FWY OR EXPWY 2
INTERSTATE 1

FUNCTIONAL CLASSIFICATION SYSTEM

SIGN ROUTES

INTERSTATE
£¤3 U.S.
|ÿ
1 STATE
COUNTY BOUNDARY §¨¦5

CITY BOUNDARY

RAILROAD

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
In Cooperation With The

FEDERAL HIGHWAY ADMINISTRATION
AND LOCAL AGENCIES Ü
0 0.25 0.5 0.75 1
Mile
APPROVED Date: 02/07/2023

FEDERAL HIGHWAY ADMINISTRATION
________________________________
FOR: VINCENT P. MAMMANO

DIVISION ADMINISTRATOR LOS

ANGELES

ORANGE RIVERSIDE
SAN

BERNARDINO
CHINO

RIVERSIDE
SAN

BERNARDINO
|}83
|}71
Daniels
St
Olive Grove
Ave
Red Barn
Ct
Botany St
Channel View
St
Chaffey
Ave
Bird
Farm Rd
Edam St
1 2
T
h
S
t
Magnolia
Ave
Oaks Ave
Comet Ave
Meadowhouse
Ave
Elmhurst
Ave
Purdue
Ave
Albers
Wa
y
Macrquette
Ave
Picasso
Dr
Butterfield Ranch Rd
Pine Ave
Los Serranos Rd
Cypress Ave
Clemson St
E Preserve Loo
p
Shady View
Dr
Satterfield
Way
Slate
D
r
Te
el p
h
o
n
e
Av
e
Carpenter Ave
Appala chian
S
t
Los
Serranos Country
Schleisman Rd
Edison Ave
Fern Ave
Eucalyptus Ave
Chino Hills Pkwy
Remington Ave
El Prado Rd
College Park
Ave
Pomona Rincon Rd
Mill Creek Ave
Rincon Meadows Ave
W
P
r
e
s
e
r
v
e
Loop
Soquel
Canyon Pkwy
Walker Ave
Kimball Ave
Mountain Ave
Fern Ave
Mystic
Canyon Dr
Monte Vista Ave
Grove Ave
Eucalyptus Ave
Central Ave
Bickmore Ave
Chino Corona Rd
Edison Ave
Merrill Ave
Pine Ave
Kimball Ave
Mountain Ave
Hellman Ave Hellman Ave
Butterfield Ranch Rd
1 1
2 2
3 3
4 4
5 5
6 6
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SEE MAP 14V24
SEE MAP 14V35
SEE MAP 14V33
SEE MAP 14V44
66 San Bernardino - Riverside County CALIFORNIA ROAD SYSTEM MAP 14V35
LOCAL 7
MINOR COLLECTOR 6
MAJOR COLLECTOR 5
MINOR ARTERIAL 4
OTHER PRINCIPAL ARTERIAL 3
OTHER FWY OR EXPWY 2
INTERSTATE 1

FUNCTIONAL CLASSIFICATION SYSTEM

SIGN ROUTES

INTERSTATE
£¤3 U.S.
|ÿ
1 STATE
COUNTY BOUNDARY §¨¦5

CITY BOUNDARY

RAILROAD

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
In Cooperation With The

FEDERAL HIGHWAY ADMINISTRATION
AND LOCAL AGENCIES Ü
0 0.25 0.5 0.75 1
Mile
APPROVED Date: 02/07/2023

FEDERAL HIGHWAY ADMINISTRATION
________________________________
FOR: VINCENT P. MAMMANO

DIVISION ADMINISTRATOR
ORANGE

RIVERSIDE
SAN

BERNARDINO
!(
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NORCO

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SAN

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Norco Dr
Cypress
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Val el y
V
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Av
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Golden
Ave
River Rd
Ontario Ranch
Rd
Norwood
Ave
Gramercy Pl
Merrill Ave
Detroit St
Sierra
Vista
Ave
68Th St
Chandler St
Limonite Ave
Alhambra
Ave
Edison Ave
Bellegrave Ave
Schleisman Rd
Sumner Ave
56Th St
Lucretia Ave
Schleisman Rd
Limonite Ave
C
o
r
ydon
Ave
Holmes Ave
Hamner Ave
58Th St
Jurupa Rd
4Th St
7Th St Hillside Ave
California Ave
Marlatt St
Bain St
Hamner Ave
6Th St
Limonite Ave
Wineville Ave
5Th St
Archibald Ave
Hamner Ave
North Dr
S Archibald Ave
Etiwanda Ave
1 1
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
J
J
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SEE MAP 14V25
SEE MAP 15V31
SEE MAP 14V34
SEE MAP 14V45
67 Department: Public Works
Prepared By: Jay Bautista
Department: Public Works
Prepared By: Jay Bautista
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam, Andrea
Ampig
Approved By:

AUTHORITY FOR THE EUCLID AVENUE SMART CORRIDOR PROJECT

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve a Funding Agreement between the City of Ontario and the San Bernardino County Transportation Authority (SBCTA) for the Euclid Avenue Smart Corridor Project and authorize the City Manager, or his designee, to execute said Agreement and future amendments or related documents within the City Council approved budget.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Funding Agreement with SBCTA will utilize Measure I Valley Traffic Management System Funds on a reimbursement basis. SBCTA's share will be 80% of the actual expenses, on a reimbursement basis, with a not-to-exceed amount of $943,000. The City's share is 20% of the actual expenses, estimated to be $236,000 from Road Maintenance and Rehabilitation Account (RMRA-SB1) funds. The funding split is in accordance with SBCTA's Smart Corridor Request for Proposal. The total estimated project cost is $1,179,900. If approved, appropriations will be included in a future quarterly budget update to City Council for approval as needed.

BACKGROUND & ANALYSIS: SBCTA completed a Smart County Master Plan in December 2024, which set aside $5,000,000 in Measure I Valley Traffic Management System funds for investment in traffic signal coordination upgrades through a competitive grant process.

The City submitted a proposal for Euclid Avenue and was awarded $943,000 of matching funds from SBCTA. The City's share is estimated to be $236,000. The project includes replacing outdated traffic signal controllers and vehicle detection systems with modern equipment compatible with the City's existing infrastructure. The upgrades will enable smart technologies such as 68 communications, transit priority, and real-time traffic signal timing, forming the foundation of a future smart corridor. As additional funding and grants become available, the City plans to implement further smart technologies including fiber optic cables, cameras, changeable message signs, and transit passenger information systems.

The main benefit for Euclid Avenue to be a smart corridor is improved safety. Real-time information on changeable message signs alerts drivers and provides more awareness. Safer roadway conditions occur with improved monitoring and maintenance through fiber optic communications infrastructure and cameras. Moving all modes of transportation efficiently increases ridership in transit, bicycle, and pedestrian facilities and lessens frustration, which ultimately improves safety. Other benefits include enhanced traffic flow and reduced congestion, increased real-time information, awareness, time savings, reliable commutes, predictable travel times, reduced fuel consumption, and lower emissions.
69

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SBCTA AGREEMENT NO 26-1003386

FUNDING AGREEMENT

BETWEEN THE

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

AND CITY OF ONTARIO

FOR THE

EUCLID AVENUE SMART CORRIDOR
I. PARTIES AND TERM
A. This Funding Agreement (“AGREEMENT”) is entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and City of Ontario (“CITY”) (each individually a “PARTY” and collectively, the “PARTIES”) on the Effective Date (as defined herein). The PARTIES hereby mutually agree to all of the following terms and provisions of this AGREEMENT, including the Recitals in Section II.

B. This AGREEMENT shall be effective as of the last date of execution by SBCTA and CITY (“Effective Date”) and shall terminate two years from “Effective Date”, but may be extended for an additional year at the sole discretion of SBCTA or terminated earlier in accordance with the provisions of this AGREEMENT.

C. SBCTA may terminate this AGREEMENT if CITY fails to perform according to the terms of this AGREEMENT and if this jeopardizes the delivery of the PROJECT, as defined below, according to the terms herein.

II. RECITALS
A. WHEREAS, CITY desires to implement smart corridor improvements on Euclid Avenue (PROJECT).

B. WHEREAS, SBCTA has an interest in facilitating the upgrade of communications and controller technology to improve traffic flow and establish a foundation for implementation of transit signal priority (TSP) in the San Bernardino Valley.

C. WHEREAS, the CITY’s scope of work attached hereto as Attachment “A” (Scope of Work) includes the smart corridor improvements, or PROJECT, to be undertaken in this AGREEMENT, and is currently estimated to cost a total of $1,179,900. 70

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D. WHEREAS, SBCTA shall pay 79.922% of qualifying PROJECT expenditures, up to a maximum total amount of $943,000, to the CITY for performing the PROJECT in accordance with the Scope of Work included in ATTACHMENT A, on a cost reimbursement basis (SBCTA AWARD AMOUNT). The current estimated PROJECT cost, and each PARTY’s estimated funding obligation, is shown in the FUNDING TABLE in ATTACHMENT B.

E. WHEREAS, the CITY is obligated to fund the difference between the actual PROJECT cost and the actual SBCTA AWARD AMOUNT.

F. WHEREAS, CITY is qualified to manage the project delivery of the PROJECT.

G. WHEREAS, SBCTA desires that CITY deliver the Scope of Work identified under this AGREEMENT, and CITY agrees to perform these services as set forth below.

III. RESPONSIBILITIES
A. CITY Responsibilities:
i. CITY shall be the lead agency for the PROJECT’s Scope of Work and agrees to diligently undertake and complete the Scope of Work in a timely manner. ii. CITY shall procure all consulting services, traffic control equipment and construction support necessary and required to deliver the PROJECT as generally described and as set forth in Attachment A to this AGREEMENT. iii. CITY shall provide funding for the PROJECT in accordance with Section V. Fiscal Provisions.
iv. CITY shall submit an electronic copy of signed invoices for reimbursement of eligible PROJECT expenses as frequently as monthly but not less frequently than quarterly in accordance with Section V. Fiscal Provisions. The invoice shall include appropriate backup documentation to support and justify payment of invoices. No CITY staff time shall be charged to SBCTA under this AGREEMENT. v. On a quarterly basis, the CITY shall submit to SBCTA progress reports and documentation of work performed on the PROJECT under this AGREEMENT, due not later than 30 days following the end of each calendar quarter. vi. Upon completion of PROJECT, City shall provide a project completion memorandum with the final invoice that describes PROJECT benefits in accordance with Section V. Fiscal Provisions.
vii. CITY shall post signs, if feasible, at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and CITY.
viii. CITY shall protect from unauthorized use or disclosure of names and other Personally Identifiable Information (PII) concerning persons receiving services pursuant to this AGREEMENT, except for anonymous statistical information that 71

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does not identify participants. PII is defined as any information that identifies or describes a person, including, but not limited to: name; social security number; date of birth; driver license number; home address; telephone number; billing address; e-mail address; credit card number and expiration date; bank account information; medical and health information, including digital copies of personal, or protected, health information (ePHI); health insurance; user name or email address, in combination with a password or security question and answer that would permit access to an online account; and other personally identifiable information as defined by California or federal law. CITY shall not use or disclose any PII for any purpose other than carrying out the obligations under this AGREEMENT, except as may be otherwise required by law. This provision will remain in the force even after the termination of the AGREEMENT.

B. SBCTA Responsibilities
i. SBCTA shall provide funding for the PROJECT in accordance with Section V.

Fiscal Provisions.
ii. SBCTA shall provide payment of CITY invoice within 30 days after receiving an invoice determined to be complete and in accordance with the Scope of Work and general provisions provided under this AGREEMENT.
iii. SBCTA shall reimburse the CITY in an amount equal to the costs incurred and invoiced to SBCTA minus the CITY match percentage in accordance with Section V. Fiscal Provisions.
iv. SBCTA shall not reimburse CITY for any project cost overruns.

IV. MUTUAL RESPONSIBILITIES
A. SBCTA and CITY will establish mutually satisfactory methods for dispute resolution at the lowest possible level, with a procedure to mobilize dispute resolution up through the PARTIES’ respective chains of command.

B. SBCTA and CITY will cooperate and coordinate with project delivery team and other parties in providing the services and responsibilities required under this AGREEMENT to the extent practicable with respect to the performance hereunder.

C. SBCTA and CITY will abide by all applicable federal, state, and local laws and regulations pertaining to the PROJECT’s Scope of Work and this AGREEMENT.

V. FISCAL PROVISIONS
A. CITY shall fund the difference between the actual PROJECT cost and the actual SBCTA AWARD AMOUNT, as provided for in this AGREEMENT. SBCTA shall reimburse the CITY 79.922% of allowable PROJECT expenditures incurred by CITY, as the actual SBCTA AWARD AMOUNT. In no event shall SBCTA reimbursements, or the actual SBCTA AWARD AMOUNT, under this AGREEMENT, exceed 72

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$943,000. If the actual PROJECT cost exceeds the current estimate of $1,179,900, then CITY shall pay the match of $236,900 plus 100% of the total PROJECT cost in excess of $1,179,900. Eligible reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.

B. CITY shall not more frequently than monthly and not less frequently than quarterly prepare and submit an electronic copy of signed invoices to SBCTA in a form satisfactory to SBCTA for reimbursement of eligible PROJECT expenses. SBCTA shall pay the invoice to the CITY within 30 days of receipt of CITY’s invoice that is determined to be complete. At the conclusion of the PROJECT, CITY shall provide a project completion memorandum with the final invoice not later than 60 days following completion of the project summarizing total expenditures incurred and project benefits.

The SBCTA ClearGuide system is available for quantifying traffic speed and delay benefits.

C. CITY shall include in its project completion memorandum to SBCTA a final summary of all funds expended on the PROJECT and provide documentation of all CITY funds used for the local match on the PROJECT. Should it be determined that the CITY spent less on its local match than identified in this AGREEMENT, the CITY shall reimburse SBCTA in an amount that brings the total PROJECT expenditures into compliance with the local match percentage established in the Recitals above.

D. CITY shall maintain all source documents, books and records connected with its performance under this AGREEMENT for a minimum of five (5) years from the date of the project completion memorandum submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at CITY Hall. Copies will be made and furnished by CITY upon written request by SBCTA.

E. CITY shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles to support CITY’s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT’s Scope of WORK elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY.

VI. GENERAL PROVISIONS
A. No waiver of any of the provisions of the AGREEMENT shall be effective unless it is made in a writing which specifies the provision(s) so waived and which is executed by both PARTIES. No course of dealing and no delay or failure of a PARTY in exercising any right under any AGREEMENT shall affect any other or future exercise of that right or any exercise of any other right. A PARTY shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or 73

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discontinued steps to enforce that right.

B. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or CITY, whichever is sooner, provided that the provisions of Section V and Section VII shall survive termination of this AGREEMENT.

C. Any modifications of any terms or conditions of this AGREEMENT shall be valid only when reduced to writing, duly signed and approved by the authorized representatives of all PARTIES.

D. This AGREEMENT constitutes the sole and entire agreement among the PARTIES governing the matters set forth herein and supersedes any prior understandings, negotiations, agreements, arrangements and undertakings, written or oral, between the PARTIES respecting the subject matter herein. All previous proposals, offers, and other communications, written or oral, relative to this AGREEMENT, are superseded to the extent that they are not incorporated into this AGREEMENT. It is the intent of the PARTIES that this AGREEMENT is an integrated agreement and that no evidence may be introduced to vary in any manner its terms and conditions. No representation, warranty, covenant, inducement or obligation not included in this AGREEMENT shall be binding.

E. Without the prior written consent of the other PARTY, the AGREEMENT is not assignable by either PARTY, in whole or in part.

F. If any legal action is instituted to enforce any PARTY’s rights hereunder, each PARTY shall bear its own costs and attorney fees, regardless of who is the prevailing PARTY.

This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a PARTY hereto and payable under any indemnification or insurance requirements.

G. This AGREEMENT shall be governed by and construed according to the laws of the State of California.

H. The PARTIES acknowledge and agree that this AGREEMENT was entered into and intended to be performed in Ontario, California. The PARTIES agree that the venue of any action or claim brought by any PARTY to this AGREEMENT will be the Superior Court of California, San Bernardino County. Each PARTY hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this AGREEMENT is brought by any third party and filed in another venue, the PARTIES hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County.

VII. MUTUAL INDEMNIFICATION
A. Neither SBCTA, nor any officer, employee, or agent thereof, is responsible for any 74

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injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction assigned or delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers, employees, and agents, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction assigned or delegated to CITY under this AGREEMENT. CITY’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

B. Neither CITY, nor any officer, employee, or agent thereof, is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction assigned or delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers, employees, and agents, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction assigned or delegated to SBCTA under this AGREEMENT. SBCTA’s indemnification obligation applies to CITY’s “active” as well as “passive” negligence but does not apply to CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

C. In the event the CITY and/or SBCTA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the AGREEMENT, the CITY and/or SBCTA shall indemnify the other to the extent of its comparative fault.

VIII. INSURANCE
A. CITY is a self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. CITY shall include in all contracts between CITY and contractors performing construction-related work in accordance with the Scope of Work that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractor of the PROJECT.

B. SBCTA is insured for Commercial General Liability, Professional Liability, Auto Liability and Workers Compensation in amounts believed to be adequate to protect 75

Page 7 of 10 ends

against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.

IX. CONCLUSION
A. This AGREEMENT, consisting of eleven (11) pages, including Attachment A, is the full and complete document including all covenants, conditions, and benefits.

B. The signatures of the PARTIES affixed to this AGREEMENT affirm that they are duly authorized to commit and bind them to the terms and conditions set forth in this document.

C. This AGREEMENT may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same AGREEMENT. The PARTIES shall be entitledtosignandtransmit an electronic signature ofthisAGREEMENT (whether byPDF or othermail transmission), whichsignature shallbebinding on the PARTY whose name is contained therein. Each PARTY providing an electronic signature agreesto promptly execute and deliver to the otherPARTY an original signed AGREEMENT uponrequest.
------ SIGNATURES ON FOLLOWING PAGE -----
76

Page 8 of 10 ends

In witness whereof the PARTIES have executed this AGREEMENT on the dates written below and this AGREEMENT is effective upon the last date of execution below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By:

Carrie Schindler, Executive Director
Date:

APPROVED AS TO FORM:

By:

Iain MacMillan
Assistant General Counsel

CITY OF ONTARIO
By:

Scott Ochoa, City Manager
Date:

ATTEST:

By:

Sheila Mautz, City Clerk
APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney
77

Page 9 of 10 ends

ATTACHMENT A

SCOPE OF WORK
City of Ontario Project Proposal
78

Page 10 of 10 ends

ATTACHMENT B

FUNDING TABLE FOR ONTARIO EUCLID AVENUE SMART

CORRIDOR
A. Estimated Total Cost
$
1,179,900
B. Maximum Award Amount
$
943,000
C. Match commitment
$
236,900
D. Match percentage of award amount 25.12%
E. Match percentage of total estimated cost 20.08%
F. Percentage of eligible costs billable with
each invoice (B divided by A) 79.922%
INVOICING INSTRUCTIONS:

Invoices may be submitted to SBCTA as frequently as monthly SBCTA reimbursement available at 79.922% of eligible expenses in each invoice
Jurisdiction is responsible for remainder of each invoice (local match share)
Maximum total SBCTA reimbursement (award amount) is
$943,000
Jurisdiction is responsible for 100% of expenditures after maximum award amount is reached
If actual expenditures are less than Estimated Total Cost above, SBCTA is responsible only for 79.922% of actual expenditures
Invoices must document the work accomplished and expenses incurred for each period
Invoices must include cumulative totals for SBCTA reimbursement and local expenditures
.
79 San
Bernardino
County
Transportation
Authority
Euclid Avenue
March 2025
Development of Smart Arterial Corridors
Proposal
80 1 | P a g e City of Ontario | Euclid Avenue
Smart Arterial Corridor
Section I. Location
The smart corridor project is proposed to be Euclid Avenue from the northern City limits at the Interstate 10 freeway to the southern City limits at Riverside Drive. Riverside Drive at Euclid Avenue is the City limit between Ontario and Chino, who is also submitting a proposal for Euclid Avenue. If both projects are awarded funding, this can potentially create 11 miles of a continuous smart arterial corridor.

Section II. Jurisdictions Involved
Euclid Avenue from the Interstate 10 to Riverside Drive is under the jurisdiction of the City of Ontario.

Discussions between Ontario and Chino have been on-going, which would make coordination for this project similar to the Haven Avenue Signal Optimization Project with Ontario and Rancho Cucamonga.

Section III. Project Description
Euclid Avenue is a 4 to 6 lane roadway with a median as wide as 70 feet, and it was part of the San Bernardino Valley Coordinated Signal Systems (SBVCSS) Tiers 1 &2 project. The proposed project includes 18 City-owned signalized intersections and 2 Caltrans-owned signalized intersections at the State Route 60 freeway. This project is proposed to replace existing traffic signal controllers and vehicle detection systems. 2070 controllers are in the existing traffic signal cabinets, and the age of the controllers is unknown since they were recently acquired from Caltrans. Regardless of the age, the project proposes to replace the existing controllers with the Econolite Cobalt. The Cobalt is the only controller used in Ontario and is compatible with Ontario’s Traffic Management Center (TMC). With the capabilities of the Cobalt, Euclid Avenue would be Transit Signal Priority-ready and adaptive control-ready. Transit Signal Priority is a system that adjusts traffic signal timing to give priority to transit vehicles, and adaptive control is a system that optimizes traffic signal timing by using real-time data.

The existing vehicle detection utilizes inductance loops, and the project proposes to replace them with video detection. This would allow for lane-by-lane counts and detection, which is a requirement for adaptive control.

Section IV. Project Status
The City of Ontario acquired ownership of Euclid Avenue from the State in June 2024. The relinquishment provides opportunity to revitalize downtown through the Ontario Plan, which includes a potential road diet, enhanced multi-modal facilities, limited trucks, and safety measures. Euclid Avenue has a history of change, previously providing a streetcar in the center median before transitioning to a vehicle focused state highway, City Principal Arterial, and regional truck route. Now envisioned as a regional bicycle corridor and Bus Rapid Transit corridor as part of the Ontario Plan, the City hopes to redefine the corridor once again by building on the recently implemented buffered bike lanes south of the railroad tracks. By limiting trucks and providing a safer way to walk and bike in the downtown, the City hopes to create a more inviting downtown that will spur economic development.

Initial plans to create a smart corridor on Euclid Avenue are to upgrade all the communication infrastructure. Phase 1 proposes to replace the traffic signal controllers and vehicle detection. The controller replacement would provide compatibility with the City’s TMC, and the video detection system 81 2 | P a g e City of Ontario | Euclid Avenue
Smart Arterial Corridor
would provide improved lane-by-lane vehicle counts to enable adaptive control in the future. The next steps would be to replace traffic signal interconnect with fiber optic communications for a faster, higher bandwidth, and more reliable system. Currently, the traffic signals are interconnected with twisted pair.

This work and the following items would be considered Phase 2 in no particular order:
- Install CCTV cameras at strategic intersections to enhance monitoring and maintenance. Some intersections already have CCTV cameras deployed.
- Install Changeable Message Signs to provide alerts, travel time, and real-time information. - Install transit passenger information systems at the bus stops to increase awareness and ridership.

Currently, a few stops on Euclid have them installed.
- Install Transit Signal Priority infrastructure to support the Ontario Plan for bus rapid transit. - Install Connected Vehicle infrastructure for improved safety, mobility, and efficiency.

Section V. Benefits
The main benefit for Euclid Avenue to be a smart corridor is safety. Real-time information on Changeable Message Signs and connected vehicles alerts drivers and provides more awareness. Safer roadway conditions occur with improved monitoring and maintenance through fiber optic communications infrastructure and CCTV. Moving all modes of transportation more efficiently increases ridership in transit, bicycle, and pedestrian facilities and lessens frustration, which ultimately improves safety.

Other benefits include enhanced traffic flow and reduced congestion, increased real-time information, awareness, time savings, reliable commutes, predictable travel times, reduced fuel consumption, and lower emissions.

Section VI. Financial Plan
Please see below cost estimate for this proposed project:

Cost Estimate
DESCRIPTION QTY. UNIT UNIT

COST TOTAL
Furnish and install Cobalt rackmount controller 18 EA $7,000 $126,000 Furnish and install video detection system 18 EA $50,000 $900,000 SUBTOTAL $1,026,000
15% CONTINGENCY $153,900
GRAND TOTAL $1,179,900
$943,000 is proposed to be paid with the smart corridor funds, and the remaining $236,900 would be covered with SB-1 funds. This equates to 20% matching funds from the City. 82 3 | P a g e City of Ontario | Euclid Avenue
Smart Arterial Corridor
Section VII. Estimated Schedule
Board Approval May 7, 2025
Execute Agreement August 1, 2025
Prepare Plans, Specifications, & Estimates February 1, 2026 Award Project May 1, 2026
Notice to Proceed Construction July 1, 2026
Equipment Procurement November 1, 2026
Construction Completion July 1, 2027
Section VIII. Transportation Data
The annual average daily traffic on Euclid Avenue is 34,000 vehicles, and the annual average daily traffic for trucks is 2,800. Truck traffic is anticipated to decrease as plans to revitalize downtown include rerouting the truck route on Euclid Avenue.

Omnitrans is the public transportation provider for Ontario via busses. Route 83 travels the entire Euclid Avenue corridor, and Route 87 travels approximately half a mile on Euclid Avenue from Holt Boulevard to Mission Boulevard.

Three schools have frontage along Euclid Avenue: Chaffey High School, Euclid Elementary School, and Ontario Christian Elementary School
Section IX. Maintenance
Similar to the Haven Avenue Signal Optimization Project, Ontario will utilize City staff and contracted technicians to monitor and maintain the smart corridor. The TMC allows City staff to remotely view intersections through the CCTV and video detection cameras, and it also provides alerts when intersections are offline, intersections go into flashing operation, and safety lighting is malfunctioning.

The TMC also enables video detection zone adjustments and timing adjustments remotely. Fiber communications is handled by the City’s own OntarioNet group, and they assist with technical and field support for any communications inquiries. Ontario currently has a contract with Bear Electrical Solutions, Inc. to provide technical support on all traffic signal operations. 83 Department: Public Works
Prepared By: Angela Truong
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam, Andrea
Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT: A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20281 LOCATED GENERALLY ON CHINO

AVENUE BETWEEN NEWTON AVENUE AND ARCHIBALD AVENUE

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20281, located generally on Chino Avenue between Newton Avenue and Archibald Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: There is no direct fiscal impact associated with this action. All public infrastructure improvements required for this project will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS: Chino Avenue, LLC. (Developer) has submitted Final Tract Map No. 20281, consisting of thirty-seven (37) numbered lots and nine (9) lettered lots on five (5) acres of land, as shown on Exhibit A. Tentative Tract Map No. 20281 was approved by the Planning Commission on October 26, 2021.

The Final Tract Map improvements will include streets, sewer main and lateral, water main and lateral, recycled water main and lateral, storm drain main and lateral, traffic signal modification, fiber optic conduits, and parkway landscape with irrigation. All landscape improvements will be consistent with the City's Landscape Development Guidelines and the Model Water Efficiency Landscape Ordinance.

The Developer has entered into an Improvement Agreement with the City for Final Tract Map No. 84 20281 and posted adequate security to ensure construction of the required improvements. This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
85 EXHIBIT "A"
TM - 20281
86 RESOLUTION NO. ______

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20281

LOCATED GENERALLY ON CHINO AVENUE BETWEEN NEWTON
AVENUE AND ARCHIBALD AVENUE.

WHEREAS, Tentative Tract Map No. 20281, submitted by Chino Avenue LLC., was approved by the Planning Commission of the City of Ontario on October 26, 2021; and
WHEREAS, Tentative Tract Map No. 20281 consists of 37 numbered lots and 9 lettered lots, in the City of Ontario, County of San Bernardino, State of California, being a Subdivision of Parcel 1 of Parcel Map 5923, in the City of Ontario, County of San Bernardino, State of California, as shown by Map on File in Book 61, Pages 71 and 72 of Parcel Maps, in the Office of the County Records of Said County, located in Section 10, Township 2 South, Range 7 West, S.B.M.; and
WHEREAS, to meet the requirements established as prerequisite to final approval of Tract Map No. 20281, Chino Avenue LLC. has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:

1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and

2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney.

3. That Final Tract Map No. 20281 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 4
th day of November 2025.
_____________________________________
PAUL S. LEON, MAYOR
87 ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
88 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
Signature of Registered Civil Engineer
RCE No. Exp. Date:

Approved By:

Date:

Civil Engineer Stamp

ENGINEERING DEPARTMENT
Project Cost Estimate
Attached Project Cost Estimate prepared by (or under the direction of) 7/29/2025
TM 20281
Chino Avenue, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 6
Offsite Street Improvements
R:\18\1806\FINAL\COST OPINION\Offsite Improvements Last Update: 11/1/2024 TEI DL
M. SAMOH
C 79048
SE CA
N

CIVIL STATE OF CALIFORNIA
RE
EIN

GNEL NA DERETIS
GER

ROFESSIO
P
79048 03/31/2026 Thomas M. Caseldine 07/29/2025 09/09/2025

CITY OF ONTARIO
ENGINEERING DEPARTMENT ACCEPTED Approved for bonding purposes only 113

Page 2 of 16 ends


Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
A. STREET Sub-Total
(Excludes Fiber Optic, Landscape, Utility Poles)
B. POTABLE WATER Sub-Total
C. RECYCLED WATER Sub-Total
D. SANITARY SEWER Sub-Total
E. STORM DRAIN Sub-Total
F. FIBER OPTIC Sub-Total

TOTAL ESTIMATED CONSTRUCTION COST
(Excludes Landscape, Utility Poles)

CONSTRUCTION INSPECTION FEE
(Excludes Landscape, Utility Poles) $164 Base Fee

SECURITY DEPOSIT
Check box if posting Refundable Cash Deposit $500 Min
See Page 4 for posting of Security Bonds

PERMIT FEE

TRAFFIC CONTROL PERMIT FEE

ENCROACHMENT PERMIT FEE TOTAL
TM 20281
Chino Avenue, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 6

ENGINEERING DEPARTMENT
Summary of Estimated Construction Cost in Public Right-Of-Way For Encroachment Permit Fee Calculation
$ 9,554.26
$ 168,279.96
$ 116.00
$ 103.00
$ 168,279.96
$ -
$ -
$ -
$ -
$ -
$ 9,335.26
$ 168,279.96
7/29/2025
R:\18\1806\FINAL\COST OPINION\Offsite Improvements Last Update: 11/1/2024 114

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
A. STREET Sub-Total
(Excludes Fiber Optic, Landscape, Utility Poles)
B. POTABLE WATER Sub-Total
C. RECYCLED WATER Sub-Total
D. SANITARY SEWER Sub-Total
E. STORM DRAIN Sub-Total
F. FIBER OPTIC Sub-Total
G. LANDSCAPE Sub-Total

TOTAL ESTIMATED CONSTRUCTION COST
(Excludes Utility Poles)

PLAN CHECK FEE TOTAL
Summary of Estimated Construction Cost in Public Right-Of-Way For Plan Check Fee Calculation
7/29/2025
TM 20281
Chino Avenue, Ontario
PC 6

ENGINEERING DEPARTMENT
$ 9,606.43
$ -
$ 168,279.96
$ -
$ -
$ -
$ -
$ 38,309.91
$ 206,589.87
KWC Engineers
(951) 734-2130
[email protected]
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
115

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
A. STREET Sub-Total
B. POTABLE WATER Sub-Total
C. RECYCLED WATER Sub-Total
D. SANITARY SEWER Sub-Total
E. STORM DRAIN Sub-Total

TOTAL ESTIMATED CONSTRUCTION COST
CONTINGENCY FOR UNSIGNED PLANS (10%)
Check box if plans are unsigned

TOTAL SECURITY BOND AMOUNT

SECURITY BOND AMOUNTS
Performance Bond
(100% of Total Estimated Construction Cost)
Labor and Material Bond
(100% of Total Estimated Construction Cost)
Maintenance Bond * (10% of Performance Bond)
Monumentation Cash Deposit ** No. of Monuments to set:
* To be provided prior to release of Performance Bond
** To be provided if monumentation is not complete by the time of Final Map approval TM 20281
Chino Avenue, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 6

ENGINEERING DEPARTMENT
Summary of Estimated Construction Cost in Public Right-Of-Way For Security Bond Amount
(Subdivision Maps Only)
7/29/2025
$ 20,658.99
$ 1,000.00
$ 206,589.87
$ 206,589.87
$ -
$ -
$ -
$ -
$ 20,658.99
$ 206,589.87
$ 206,589.87
$ 206,589.87
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
116

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
B. POTABLE WATER MAIN
C. RECYCLED WATER MAIN
D. SANITARY SEWER MAIN
E. STORM DRAIN MAIN
F. FIBER OPTIC CONDUIT

ENGINEERING DEPARTMENT
Total Length (LF)
Summary of Total Length of Utility Mains in Public Right-Of-Way Provided to Fiscal Services Department
7/29/2025
TM 20281
Chino Avenue, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 6
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
117

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL
ASPHALT CONCRETE (AC) ($0.39/IN/S.F. AC & $0.19/IN/S.F. CAB) AC BASE PAVE (MINIMUM 4") THICKNESS: 6'' 1286 S.F. $ 2.34 $ 3,009.24 CRUSHED AGREGGATE BASE THICKNESS: 8'' 1286 S.F. $ 1.52 $ 1,954.72 AC PAVEMENT TON $ 65.00 $ -
AC BERM L.F. $ 13.00 $ -
2" GRIND 3085 S.F. $ 0.40 $ 1,234.00
SAWCUT 185 L.F. $ 3.50 $ 647.50
IMPORT FILL (INCLUDING COMPACTION) C.Y. $ 25.00 $ -
PREPARATION OF SUBGRADE 1286 S.F. $ 0.50 $ 643.00
AC PAVEMENT REMOVAL 773 S.F. $ 3.50 $ 2,705.50
SLURRY SEAL (RPM TYPE II) S.F. $ 0.17 $ -
TRENCH BACKFILL AND COMPACTION S.F. $ 3.50 $ -

PORTLAND CEMENT CONCRETE (PCC)
CURB & GUTTER 175 L.F. $ 15.00 $ 2,625.00
CURB ONLY L.F. $ 12.00 $ -
CROSS GUTTER/SPANDREL S.F. $ 7.00 $ -
SIDEWALK 1050 S.F. $ 4.75 $ 4,987.50
WHEELCHAIR RAMP 2 EA. $ 2,200.00 $ 4,400.00
TRAFFIC ISLAND S.F. $ 9.50 $ -
CONCRETE PAVEMENT (PCC - REINFORCED, UP TO 10" THICKNESS) S.F. $ 7.80 $ -

DRIVE APPROACHES
RESIDENTIAL S.F. $ 6.50 $ -
COMMERCIAL S.F. $ 8.50 $ -

REMOVAL
REMOVAL OF CONCRETE 1662 S.F. $ 3.50 $ 5,817.00
REMOVAL OF BERM, A.C. OR P.C.C. 90 L.F. $ 6.50 $ 585.00

ADJUSTMENT TO GRADE
MANHOLE 1 EA. $ 600.00 $ 600.00
WATER VALVE 4 EA. $ 325.00 $ 1,300.00
CLEANOUT EA. $ 265.00 $ -

DRAINAGE
PARKWAY DRAIN EA. $ 1,800.00 $ -

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
7/29/2025
TM 20281
Chino Avenue, Ontario
KWC Engineers
(951) 734-2130
[email protected]

CONSTRUCTION ITEM DESCRIPTION
PC 6
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
SIGNS
REFLECTOR SIGN AND POST EA. $ 175.00 $ -
STREET NAME SIGN EA. $ 475.00 $ -
TRAFFIC SIGN AND POST EA. $ 300.00 $ -

LIGHTING

STREET LIGHT
- 70, 100 WATT (INCLUDING CONDUIT & PULL BOXES) EA. $ 6,200.00 $ - - 150, 250 WATT (INCLUDING CONDUIT & PULL BOXES) 3 EA. $ 6,500.00 $ 19,500.00 STREET LIGHT SERVICE PEDESTAL EA. $ 4,100.00 $ -
STREET LIGHT SERVICE DUAL PEDESTAL EA. $ 5,900.00 $ -

STRIPING
SIGNING & STRIPING LOCAL STREET L.F. $ 4.50 $ -
SIGNING & STRIPING COLLECTOR STREET L.F. $ 8.75 $ -
SIGNING & STRIPING ARTERIAL STREET L.F. $ 12.75 $ -
PAINTED LEGEND EA. $ 80.00 $ -
THERMOPLASTIC LEGEND EA. $ 165.00 $ -
TRAFFIC SIGNALS $ -
NEW TRAFFIC SIGNAL EA. $ 355,600.00 $ -
MODIFY EXISTING SIGNAL (STREET WIDENING, PER CORNER) 1 EA. $ 88,900.00 $ 88,900.00 REMOVE EXISTING SIGNAL EA. $ 25,000.00 $ -
REPLACE/RESTORE T.S. DETECTION LOOP EA. $ 425.00 $ -
TRAFFIC SIGNAL INTERCONNECT CONDUIT L.F. $ 17.00 $ -
TRAFFIC SIGNAL INTERCONNECT CONDUIT & CABLE L.F. $ 20.00 $ - ADD LEFT TURN PHASING L.S. $ 30,000.00 $ -
ADD LEFT TURN PHASING L.S. $ 30,000.00 $ -
LANDSCAPE $ -
PARKWAY TREE WITH IRRIGATION EA. $ 525.00 $ -
PARKWAY LANDSCAPING S.F. $ 6.00 $ -
(INCLUDING IRRIGATION FACILITIES) $ -
NEIGHBORHOOD EDGE AND/OR MEDIAN LANDSCAPING 3950 S.F. $ 6.00 $ 23,700.00 (INCLUDING IRRIGATION FACILITIES) $ -
NEIGHBORHOOD EDGE AND/OR MEDIAN TREE 17 EA. $ 525.00 $ 8,925.00 (INCLUDING IRRIGATION FACILITIES) $ -
UTILITY POLES $ -
RELOCATION OF POLE EA. $ 18,000.00 $ -
UNDERGROUNDING OF POWER LINES L.F. $ 350.00 $ -
UNDERGROUNDING OF COMMUNICATION LINES L.F. $ 90.00 $ -
$ -
FIBER OPTIC $ -
CONDUIT PLACEMENT TRENCH/BORE (INCLUDES HANDHOLES) L.F. $ 45.00 $ - (ARTERIAL/COLLECTOR STREETS - MAIN BACKBONE) $ -
IN-TRACT LOCAL STREETS $ -
FIBER CONDUIT PLACEMENT L.F. $ 5.70 $ -
FIBER TRENCH L.F. $ 6.50 $ -
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
HANDHOLE - FLOWER POT (FP) EA. $ 125.00 $ -
HANDHOLE - HH-3 EA. $ 250.00 $ -
HANDHOLE - HH-4 EA. $ 375.00 $ -
$ -
DRY UTILITY TRENCHING $ -
BORE - AC PAVEMENT L.F. $ 20.00 $ -
BORE - PARKWAY L.F. $ 10.00 $ -
MICRO TRENCHING L.F. $ 8.15 $ -
DRY UTILITY TRENCH - AC PAVEMENT L.F. $ 56.00 $ -
DRY UTILITY TRENCH - PARKWAY L.F. $ 8.00 $ -
OTHER
170 S.F. $ 25.00 $ 4,250.00
1 EA. $ 150.00 $ 150.00
$ -
$ -
$ 175,933.46
10% CONTINGENCY $ 17,593.35
TRAFFIC CONTROL 1 L.S. $ 5,321.99 $ 5,321.99
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ 7,741.07 $ 7,741.07 $ 206,589.87
REMOVE & DISPOSE OF EXIST. MAILBOXRIP RAP

STREET IMPROVEMENTS TOTAL

STREET IMPROVEMENTS SUB-TOTAL
REMOVE & DISPOSE OF EXIST. RIP RAP
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL

WATER / FIRE MAIN
6" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. $ 30.00 $ - 8" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. $ 40.00 $ - 10" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. $ 45.00 $ - 8" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 90.00 $ - 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 95.00 $ - 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 105.00 $ - 16" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 115.00 $ -

WATER SERVICE (EXCLUDES AC REMOVAL AND REPLACEMENT)
1" WATER SERVICE WITH METER BOX EA. $ 1,000.00 $ -
2" WATER SERVICE WITH METER BOX EA. $ 2,200.00 $ -

FIRE HYDRANT (EXCLUDES AC REMOVAL AND REPLACEMENT)
BREAK-OFF TYPE FIRE HYDRANT (INC. CONNECTION) EA. $ 5,400.00 $ -

AIR RELEASE / BLOW-OFF
(EXCLUDES AC REMOVAL AND REPLACEMENT)
AIR RELEASE VALVE (INC. CONNECTION) EA. $ 4,600.00 $ -
BLOW-OFF VALVE (INC. CONNECTION) EA. $ 4,500.00 $ -
BACKFLOW ($1000/IN)
RP 2" AND SMALLER EA. $ 3,000.00 $ -
DDC ABOVE GROUND (UP TO 6" DIAMETER) EA. $ 7,000.00 $ -

GATE VALVE
6" EA. $ 550.00 $ -
8" EA. $ 850.00 $ -
10" EA. $ 1,250.00 $ -
12" EA. $ 1,375.00 $ -
16" EA. $ 3,425.00 $ -

HOT TAP
HOT TAP WITH VALVE EA. $ 1,750.00 $ -
CONNECTION TO EXISTING 6" MAIN EA. $ 3,500.00 $ -
CONNECTION TO EXISTING 8" MAIN EA. $ 3,750.00 $ -
CONNECTION TO EXISTING 12" MAIN EA. $ 4,100.00 $ -
INSTALL TEE EA. $ 300.00 $ -
Construction Cost Estimate Form

ENGINEERING DEPARTMENT
Potable Water Improvements

CONSTRUCTION ITEM DESCRIPTION
7/29/2025
TM 20281
Chino Avenue, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 6
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
121

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Construction Cost Estimate Form

ENGINEERING DEPARTMENT
Potable Water Improvements
REMOVE EXISTING BLIND FLANGE EA. $ 475.00 $ -
CONCRETE THRUST BLOCK EA. $ 585.00 $ -
OTHER
$ -
$ -
$ -
$ -
$ -
10% CONTINGENCY $ -
TRAFFIC CONTROL 1 L.S. $ - $ -
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ - $ -
$ -

POTABLE WATER IMPROVEMENTS SUB-TOTAL

POTABLE WATER IMPROVEMENTS TOTAL
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL

WATER SERVICE (EXCLUDES AC REMOVAL AND REPLACEMENT)
1" WATER SERVICE WITH METER BOX EA. $ 1,000.00 $ -
2" WATER SERVICE WITH METER BOX EA. $ 2,200.00 $ -

FIRE HYDRANT (EXCLUDES AC REMOVAL AND REPLACEMENT)
BREAK-OFF TYPE FIRE HYDRANT (INC. CONNECTION) EA. $ 5,400.00 $ -

GATE VALVE
6" EA. $ 550.00 $ -
8" EA. $ 850.00 $ -
10" EA. $ 1,250.00 $ -
12" EA. $ 1,375.00 $ -
16" EA. $ 3,425.00 $ -

HOT TAP
HOT TAP WITH VALVE EA. $ 1,750.00 $ -
CONNECTION TO EXISTING 8" MAIN EA. $ 3,750.00 $ -
CONNECTION TO EXISTING 12" MAIN EA. $ 4,100.00 $ -
INSTALL TEE EA. $ 300.00 $ -
REMOVE EXISTING BLIND FLANGE L.S. $ 475.00 $ -

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Recycled Water Improvements

Page 12 of 16 ends

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Recycled Water Improvements
CONCRETE THRUST BLOCK EA. $ 585.00 $ -
OTHER
$ -
$ -
$ -
$ -
$ -
10% CONTINGENCY $ -
TRAFFIC CONTROL 1 L.S. $ - $ -
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ - $ -
$ -

RECYCLED WATER IMPROVEMENTS SUB-TOTAL

RECYCLED WATER IMPROVEMENTS TOTAL
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

CONSTRUCTION ITEM DESCRIPTION QTY UNIT COST TOTAL

SEWER MAIN (VCP ONLY)
8" & SMALLER IN EASEMENT AREA ONLY L.F. $ 40.00 $ -
(NOT IN PAVED STREET)
10" IN EASEMENT AREA ONLY L.F. $ 60.00 $ -
(NOT IN PAVED STREET)
12" & LARGER IN EASEMENT AREA ONLY L.F. $ 63.00 $ -
(NOT IN PAVED STREET)
8" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 70.00 $ - 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 75.00 $ - 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 80.00 $ - 15" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 90.00 $ - 18" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 95.00 $ - 21" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 105.00 $ - 24" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 115.00 $ -

MANHOLE
MANHOLE EA. $ 4,050.00 $ -
DROP MANHOLE EA. $ 4,100.00 $ -
VAULT EA. $ 3,500.00 $ -
MONITORING FACILITY / NON TRAFFIC AREA EA. $ 1,750.00 $ - MONITORING MANHOLE EA. $ 4,100.00 $ -
CLEANOUT EA. $ 1,750.00 $ -
REMOVE/ABANDON EXISTING MANHOLE EA. $ 1,200.00 $ -

REMOVE EXISTING SEWER
UP TO 12" DIAMETER L.F. $ 55.00 $ -
GREATER THAN 12" DIAMETER L.F. $ 70.00 $ -

LATERAL
4" HOUSE CONNECTION TO SEWER MAIN IN STREET L.S. $ 2,925.00 $ - 6" & SMALLER VCP SEWER LATERAL / EASEMENT L.F. $ 42.00 $ - 6" & SMALLER VCP SEWER LATERAL / PAVED STREET L.F. $ 70.00 $ - SEWER CHIMNEY EA. $ 1,170.00 $ -
SEWER SADDLE EA. $ 1,170.00 $ -
WYE 4" x 8" TYPICAL EA. $ 115.00 $ -
OIL/GREASE INTERCEPTOR NOT IN STREET EA. $ 1,750.00 $ -

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Sanitary Sewer Improvements
7/29/2025
TM 20281
Chino Avenue, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 6
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
125

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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Sanitary Sewer Improvements
OTHER
$ -
$ -
$ -
$ -
10% CONTINGENCY
TRAFFIC CONTROL 1 L.S. $ - $ -
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ - $ -

SANITARY SEWER IMPROVEMENTS TOTAL

SANITARY SEWER IMPROVEMENTS SUB-TOTAL
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

CONSTRUCTION ITEM DESCRIPTION QTY UNIT COST TOTAL

RCP STORM DRAIN
RCP SIZE X $3.25 / INCH OF I.D. UP TO 60" DIAMETER
18'' INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 58.50 $ - INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ - $ -
INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ - $ -
INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ - $ -
66" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 260.00 $ - 72" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 290.00 $ - 78" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 305.00 $ - 84" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 330.00 $ - 90" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 350.00 $ - 96" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 365.00 $ - 102" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 470.00 $ - 108" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 480.00 $ -

LATERAL
18" RCP OR SMALLER L.F. $ 45.00 $ -
INC. EXC., BACKFILL & PVMT RESTORATION
MANHOLE EA. $ 4,500.00 $ -

CATCH BASIN
CATCH BASIN LESS THAN 7' IN WIDE L.F. $ 409.50 $ -
7' WIDE - CB WITH SCREEN INLET E.A. $ 3,900.00 $ -
10' WIDE- CB WITH SCREEN INLET E.A. $ 4,200.00 $ -
14' WIDE - CB WITH SCREEN INLET E.A. $ 4,700.00 $ -
21' WIDE - CB WITH SCREEN INLET E.A. $ 4,900.00 $ -
LOCAL DEPRESSION FOR UP TO 10' WIDE CB L.S. $ 585.00 $ - LOCAL DEPRESSION FOR > 10' WIDE CB L.S. $ 1,200.00 $ -

REINFORCED CONCRETE BOX
INC. EXC., BACKFILL & PVMT RESTORATION
4' X 6' RCB L.F. $ 400.00 $ -
7' X 6' RCB L.F. $ 470.00 $ -
7' X 8.5' RCB L.F. $ 560.00 $ -
7' X 9.5' RCB L.F. $ 575.00 $ -
8' X 11' RCB L.F. $ 585.00 $ -
8' X 13' RCB L.F. $ 600.00 $ -

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Storm Drain Improvements
7/29/2025
TM 20281
Chino Avenue, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 6
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
127

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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Storm Drain Improvements
9' X 9' RCB L.F. $ 610.00 $ -
9' X 12' RCB L.F. $ 650.00 $ -
OUTLET STRUCTURE EA. $ 700.00 $ -
INLET STRUCTURE EA. $ 700.00 $ -
TRANSITION STRUCTURE EA. $ 1,700.00 $ -
OTHER
$ -
$ -
$ -
$ -
$ -
10% CONTINGENCY $ -
TRAFFIC CONTROL 1 L.S. $ - $ -
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ - $ -

STORM DRAIN IMPROVEMENTS TOTAL

STORM DRAIN IMPROVEMENTS SUB-TOTAL
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129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144

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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
Signature of Registered Civil Engineer
RCE No. Exp. Date:

Approved By:

Date:

Civil Engineer Stamp

ENGINEERING DEPARTMENT
Project Cost Estimate
Attached Project Cost Estimate prepared by (or under the direction of) 9/5/2025
TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 7
Onsite Str, Wat, Rec Wat, Sewer, and SD Improvement Plans R:\18\1806\FINAL\COST OPINION\Onsite Improvements Last Update: 11/1/2024 TEI DL
M. SAMOH
C 79048
SE CA
N

CIVIL STATE OF CALIFORNIA
RE
EIN

GNEL NA DERETIS
GER

ROFESSIO
P
79048 03/31/2026 Thomas M. Caseldine 09/5/2025 09/09/2025

CITY OF ONTARIO
ENGINEERING DEPARTMENT ACCEPTED Approved for bonding purposes only 145

Page 2 of 16 ends

TOTAL ESTIMATED CONSTRUCTION COST
(Excludes Landscape, Utility Poles)

CONSTRUCTION INSPECTION FEE
(Excludes Landscape, Utility Poles) $164 Base Fee

SECURITY DEPOSIT
Check box if posting Refundable Cash Deposit $500 Min
See Page 4 for posting of Security Bonds

PERMIT FEE

TRAFFIC CONTROL PERMIT FEE

ENCROACHMENT PERMIT FEE TOTAL
TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 7

ENGINEERING DEPARTMENT
Summary of Estimated Construction Cost in Public Right-Of-Way For Encroachment Permit Fee Calculation
$ 27,368.42
$ 636,448.49
$ 116.00
$ 103.00
$ 216,506.16
$ 115,276.12
$ 38,597.60
$ 124,646.64
$ 141,421.97
$ -
$ 27,149.42
$ 636,448.49
9/5/2025
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
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TOTAL ESTIMATED CONSTRUCTION COST
(Excludes Utility Poles)

PLAN CHECK FEE TOTAL
TM 20281
Chino Ave, Ontario
PC 7

ENGINEERING DEPARTMENT
$ 23,039.44
$ 115,276.12
$ 216,506.16
$ 38,597.60
$ 124,646.64
$ 141,421.97
$ -
$ -
$ 636,448.49
KWC Engineers
(951) 734-2130
[email protected]
Summary of Estimated Construction Cost in Public Right-Of-Way For Plan Check Fee Calculation
9/5/2025
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
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TOTAL ESTIMATED CONSTRUCTION COST
CONTINGENCY FOR UNSIGNED PLANS (10%)
Check box if plans are unsigned

TOTAL SECURITY BOND AMOUNT

SECURITY BOND AMOUNTS
Performance Bond
(100% of Total Estimated Construction Cost)
Labor and Material Bond
(100% of Total Estimated Construction Cost)
Maintenance Bond * (10% of Performance Bond)
Monumentation Cash Deposit ** No. of Monuments to set:
* To be provided prior to release of Performance Bond
** To be provided if monumentation is not complete by the time of Final Map approval TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 7

ENGINEERING DEPARTMENT
Summary of Estimated Construction Cost in Public Right-Of-Way For Security Bond Amount
(Subdivision Maps Only)
9/5/2025
$ 63,644.85
$ 1,000.00
$ 636,448.49
$ 216,506.16
$ 115,276.12
$ 38,597.60
$ 124,646.64
$ 141,421.97
$ 63,644.85
$ 636,448.49
$ 636,448.49
$ 636,448.49
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email
B. POTABLE WATER MAIN 463
C. RECYCLED WATER MAIN 343
D. SANITARY SEWER MAIN 667
E. STORM DRAIN MAIN 786
F. FIBER OPTIC CONDUIT

ENGINEERING DEPARTMENT
Total Length (LF)
Summary of Total Length of Utility Mains in Public Right-Of-Way Provided to Fiscal Services Department
9/5/2025
TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 7
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL
ASPHALT CONCRETE (AC) ($0.39/IN/S.F. AC & $0.19/IN/S.F. CAB) AC BASE PAVE (MINIMUM 4") THICKNESS: 6'' 23100 S.F. $ 2.34 $ 54,054.00 CRUSHED AGREGGATE BASE THICKNESS: 8'' 23100 S.F. $ 1.52 $ 35,112.00 AC PAVEMENT TON $ 65.00 $ -
AC BERM L.F. $ 13.00 $ -
2" GRIND 160 S.F. $ 0.40 $ 64.00
SAWCUT 35 L.F. $ 3.50 $ 122.50
IMPORT FILL (INCLUDING COMPACTION) C.Y. $ 25.00 $ -
PREPARATION OF SUBGRADE 23100 S.F. $ 0.50 $ 11,550.00
AC PAVEMENT REMOVAL S.F. $ 3.50 $ -
SLURRY SEAL (RPM TYPE II) S.F. $ 0.17 $ -
TRENCH BACKFILL AND COMPACTION S.F. $ 3.50 $ -

PORTLAND CEMENT CONCRETE (PCC)
CURB & GUTTER 1250 L.F. $ 15.00 $ 18,750.00
CURB ONLY L.F. $ 12.00 $ -
CROSS GUTTER/SPANDREL S.F. $ 7.00 $ -
SIDEWALK 2575 S.F. $ 4.75 $ 12,231.25
WHEELCHAIR RAMP 3 EA. $ 2,200.00 $ 6,600.00
TRAFFIC ISLAND S.F. $ 9.50 $ -
CONCRETE PAVEMENT (PCC - REINFORCED, UP TO 10" THICKNESS) S.F. $ 7.80 $ -

DRIVE APPROACHES
RESIDENTIAL 1003 S.F. $ 6.50 $ 6,519.50
COMMERCIAL S.F. $ 8.50 $ -

REMOVAL
REMOVAL OF CONCRETE S.F. $ 3.50 $ -
REMOVAL OF BERM, A.C. OR P.C.C. L.F. $ 6.50 $ -

ADJUSTMENT TO GRADE
MANHOLE 8 EA. $ 600.00 $ 4,800.00
WATER VALVE 4 EA. $ 325.00 $ 1,300.00
CLEANOUT EA. $ 265.00 $ -

DRAINAGE
PARKWAY DRAIN EA. $ 1,800.00 $ -
9/5/2025
TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]

CONSTRUCTION ITEM DESCRIPTION
PC 7

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
150

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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
SIGNS
REFLECTOR SIGN AND POST EA. $ 175.00 $ -
STREET NAME SIGN 2 EA. $ 475.00 $ 950.00
TRAFFIC SIGN AND POST 9 EA. $ 300.00 $ 2,700.00

LIGHTING

STREET LIGHT
- 70, 100 WATT (INCLUDING CONDUIT & PULL BOXES) EA. $ 6,200.00 $ - - 150, 250 WATT (INCLUDING CONDUIT & PULL BOXES) 4 EA. $ 6,500.00 $ 26,000.00 STREET LIGHT SERVICE PEDESTAL EA. $ 4,100.00 $ -
STREET LIGHT SERVICE DUAL PEDESTAL EA. $ 5,900.00 $ -

STRIPING
SIGNING & STRIPING LOCAL STREET 50 L.F. $ 4.50 $ 225.00 SIGNING & STRIPING COLLECTOR STREET L.F. $ 8.75 $ -
SIGNING & STRIPING ARTERIAL STREET L.F. $ 12.75 $ -
PAINTED LEGEND EA. $ 80.00 $ -
THERMOPLASTIC LEGEND EA. $ 165.00 $ -
TRAFFIC SIGNALS $ -
NEW TRAFFIC SIGNAL EA. $ 355,600.00 $ -
MODIFY EXISTING SIGNAL (STREET WIDENING, PER CORNER) EA. $ 88,900.00 $ - REMOVE EXISTING SIGNAL EA. $ 25,000.00 $ -
REPLACE/RESTORE T.S. DETECTION LOOP EA. $ 425.00 $ -
TRAFFIC SIGNAL INTERCONNECT CONDUIT L.F. $ 17.00 $ -
TRAFFIC SIGNAL INTERCONNECT CONDUIT & CABLE L.F. $ 20.00 $ - ADD LEFT TURN PHASING L.S. $ 30,000.00 $ -
ADD LEFT TURN PHASING L.S. $ 30,000.00 $ -
LANDSCAPE $ -
PARKWAY TREE WITH IRRIGATION EA. $ 525.00 $ -
PARKWAY LANDSCAPING S.F. $ 6.00 $ -
(INCLUDING IRRIGATION FACILITIES) $ -
NEIGHBORHOOD EDGE AND/OR MEDIAN LANDSCAPING S.F. $ 6.00 $ - (INCLUDING IRRIGATION FACILITIES) $ -
NEIGHBORHOOD EDGE AND/OR MEDIAN TREE EA. $ 525.00 $ -
(INCLUDING IRRIGATION FACILITIES) $ -
UTILITY POLES $ -
RELOCATION OF POLE EA. $ 18,000.00 $ -
UNDERGROUNDING OF POWER LINES L.F. $ 350.00 $ -
UNDERGROUNDING OF COMMUNICATION LINES L.F. $ 90.00 $ -
$ -
FIBER OPTIC $ -
CONDUIT PLACEMENT TRENCH/BORE (INCLUDES HANDHOLES) L.F. $ 45.00 $ - (ARTERIAL/COLLECTOR STREETS - MAIN BACKBONE) $ -
IN-TRACT LOCAL STREETS $ -
FIBER CONDUIT PLACEMENT L.F. $ 5.70 $ -
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Street Improvements
FIBER TRENCH L.F. $ 6.50 $ -
HANDHOLE - FLOWER POT (FP) EA. $ 125.00 $ -
HANDHOLE - HH-3 EA. $ 250.00 $ -
HANDHOLE - HH-4 EA. $ 375.00 $ -
$ -
DRY UTILITY TRENCHING $ -
BORE - AC PAVEMENT L.F. $ 20.00 $ -
BORE - PARKWAY L.F. $ 10.00 $ -
MICRO TRENCHING L.F. $ 8.15 $ -
DRY UTILITY TRENCH - AC PAVEMENT L.F. $ 56.00 $ -
DRY UTILITY TRENCH - PARKWAY L.F. $ 8.00 $ -
OTHER
2 E.A. $ 1,200.00 $ 2,400.00
4 E.A. $ 250.00 $ 1,000.00
$ -
$ -
$ 184,378.25
10% CONTINGENCY $ 18,437.83
TRAFFIC CONTROL 1 L.S. $ 5,577.44 $ 5,577.44
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ 8,112.64 $ 8,112.64 STREET IMPROVEMENTS TOTAL $ 216,506.16

STREET IMPROVEMENTS SUB-TOTAL
LOCAL DEPRESSION PER CITY STD.

BLUE RAISED PAVEMENT MARKER
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL

WATER / FIRE MAIN
6" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. $ 30.00 $ - 8" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) 463 L.F. $ 40.00 $ 18,520.00 10" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. $ 45.00 $ - 8" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 90.00 $ - 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 95.00 $ - 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 105.00 $ - 16" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 115.00 $ -

WATER SERVICE (EXCLUDES AC REMOVAL AND REPLACEMENT)
1" WATER SERVICE WITH METER BOX 39 EA. $ 1,000.00 $ 39,000.00 2" WATER SERVICE WITH METER BOX EA. $ 2,200.00 $ -

FIRE HYDRANT (EXCLUDES AC REMOVAL AND REPLACEMENT)
BREAK-OFF TYPE FIRE HYDRANT (INC. CONNECTION) 4 EA. $ 5,400.00 $ 21,600.00

GATE VALVE
6" EA. $ 550.00 $ -
8" 3 EA. $ 850.00 $ 2,550.00
10" EA. $ 1,250.00 $ -
12" EA. $ 1,375.00 $ -
16" EA. $ 3,425.00 $ -

HOT TAP
HOT TAP WITH VALVE 1 EA. $ 1,750.00 $ 1,750.00
CONNECTION TO EXISTING 6" MAIN EA. $ 3,500.00 $ -
CONNECTION TO EXISTING 8" MAIN EA. $ 3,750.00 $ -
CONNECTION TO EXISTING 12" MAIN EA. $ 4,100.00 $ -
INSTALL TEE 1 EA. $ 300.00 $ 300.00
Construction Cost Estimate Form

ENGINEERING DEPARTMENT
Potable Water Improvements

CONSTRUCTION ITEM DESCRIPTION
9/5/2025
TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 7
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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Construction Cost Estimate Form

ENGINEERING DEPARTMENT
Potable Water Improvements
REMOVE EXISTING BLIND FLANGE 2 EA. $ 475.00 $ 950.00
CONCRETE THRUST BLOCK EA. $ 585.00 $ -
OTHER
2 EA. $ 250.00 $ 500.00
1 EA. $ 1,500.00 $ 1,500.00
1 EA. $ 1,500.00 $ 1,500.00
10 EA. $ 1,000.00 $ 10,000.00
$ 98,170.00
10% CONTINGENCY $ 9,817.00
TRAFFIC CONTROL 1 L.S. $ 2,969.64 $ 2,969.64
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ 4,319.48 $ 4,319.48 $ 115,276.12

POTABLE WATER IMPROVEMENTS SUB-TOTAL

POTABLE WATER IMPROVEMENTS TOTAL
8" 45 DEGREE BEND
REMOVE EXIST. BLOW-OFF
REMOVE EXIST. 8" CROSS
CONNECT WATER SERVICE LATERAL TO EXIST.WATER
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\Engineering Project Cost Estimate
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

QTY UNIT COST TOTAL

WATER / FIRE MAIN
6" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. $ 30.00 $ - 8" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) 343 L.F. $ 40.00 $ 13,720.00 10" IN EASEMENT AREA ONLY (NOT IN PAVED STREET) L.F. $ 45.00 $ - 8" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 90.00 $ - 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 95.00 $ - 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 105.00 $ - 16" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 115.00 $ -

WATER SERVICE (EXCLUDES AC REMOVAL AND REPLACEMENT)
1" WATER SERVICE WITH METER BOX 2 EA. $ 1,000.00 $ 2,000.00 2" WATER SERVICE WITH METER BOX EA. $ 2,200.00 $ -

FIRE HYDRANT (EXCLUDES AC REMOVAL AND REPLACEMENT)
BREAK-OFF TYPE FIRE HYDRANT (INC. CONNECTION) EA. $ 5,400.00 $ -

AIR RELEASE / BLOW-OFF
(EXCLUDES AC REMOVAL AND REPLACEMENT)
AIR RELEASE VALVE (INC. CONNECTION) 1 EA. $ 4,600.00 $ 4,600.00 BLOW-OFF VALVE (INC. CONNECTION) 2 EA. $ 4,500.00 $ 9,000.00 BACKFLOW ($1000/IN)
RP 2" AND SMALLER EA. $ 3,000.00 $ -
DDC ABOVE GROUND (UP TO 6" DIAMETER) EA. $ 7,000.00 $ -

GATE VALVE
6" EA. $ 550.00 $ -
8" 3 EA. $ 850.00 $ 2,550.00
10" EA. $ 1,250.00 $ -
12" EA. $ 1,375.00 $ -
16" EA. $ 3,425.00 $ -

HOT TAP
HOT TAP WITH VALVE EA. $ 1,750.00 $ -
CONNECTION TO EXISTING 8" MAIN EA. $ 3,750.00 $ -
CONNECTION TO EXISTING 12" MAIN EA. $ 4,100.00 $ -
INSTALL TEE 1 EA. $ 300.00 $ 300.00
REMOVE EXISTING BLIND FLANGE L.S. $ 475.00 $ -
9/5/2025
TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 7

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Recycled Water Improvements

CONSTRUCTION ITEM DESCRIPTION
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Recycled Water Improvements
CONCRETE THRUST BLOCK EA. $ 585.00 $ -
OTHER
2 E.A. $ 350.00 $ 700.00
$ -
$ -
$ -
$ 32,870.00
10% CONTINGENCY $ 3,287.00
TRAFFIC CONTROL 1 L.S. $ 994.32 $ 994.32
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ 1,446.28 $ 1,446.28 RECYCLED WATER IMPROVEMENTS TOTAL $ 38,597.60
45 DEGREE BEND & RESTRAINED JOINT

RECYCLED WATER IMPROVEMENTS SUB-TOTAL
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\Engineering Project Cost Estimate
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

CONSTRUCTION ITEM DESCRIPTION QTY UNIT COST TOTAL

SEWER MAIN (VCP ONLY)
8" & SMALLER IN EASEMENT AREA ONLY 667 L.F. $ 40.00 $ 26,680.00 (NOT IN PAVED STREET)
10" IN EASEMENT AREA ONLY L.F. $ 60.00 $ -
(NOT IN PAVED STREET)
12" & LARGER IN EASEMENT AREA ONLY L.F. $ 63.00 $ -
(NOT IN PAVED STREET)
8" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 70.00 $ - 10" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 75.00 $ - 12" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 80.00 $ - 15" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 90.00 $ - 18" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 95.00 $ - 21" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 105.00 $ - 24" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 115.00 $ -

MANHOLE
MANHOLE 4 EA. $ 4,050.00 $ 16,200.00
DROP MANHOLE EA. $ 4,100.00 $ -
VAULT EA. $ 3,500.00 $ -
MONITORING FACILITY / NON TRAFFIC AREA EA. $ 1,750.00 $ - MONITORING MANHOLE EA. $ 4,100.00 $ -
CLEANOUT 4 EA. $ 1,750.00 $ 7,000.00
REMOVE/ABANDON EXISTING MANHOLE 1 EA. $ 1,200.00 $ 1,200.00

REMOVE EXISTING SEWER
UP TO 12" DIAMETER 125 L.F. $ 55.00 $ 6,875.00
GREATER THAN 12" DIAMETER L.F. $ 70.00 $ -

LATERAL
4" HOUSE CONNECTION TO SEWER MAIN IN STREET 4 L.S. $ 2,925.00 $ 11,700.00 6" & SMALLER VCP SEWER LATERAL / EASEMENT L.F. $ 42.00 $ - 6" & SMALLER VCP SEWER LATERAL / PAVED STREET L.F. $ 70.00 $ - SEWER CHIMNEY EA. $ 1,170.00 $ -
SEWER SADDLE EA. $ 1,170.00 $ -
WYE 4" x 8" TYPICAL EA. $ 115.00 $ -
OIL/GREASE INTERCEPTOR NOT IN STREET EA. $ 1,750.00 $ -

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Sanitary Sewer Improvements
9/5/2025
TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 7
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Sanitary Sewer Improvements
OTHER
1 EA. $ 4,500.00 $ 4,500.00
72 L.F. $ 60.00 $ 4,320.00
745 S.F. $ 15.00 $ 11,175.00
3 EA. $ 5,500.00 $ 16,500.00
$106,150.00
10% CONTINGENCY $10,615.00
TRAFFIC CONTROL 1 L.S. $ 3,211.04 $ 3,211.04
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ 4,670.60 $ 4,670.60 SANITARY SEWER IMPROVEMENTS TOTAL $124,646.64

SANITARY SEWER IMPROVEMENTS SUB-TOTAL
CONNECT TO EXIST. 60" MANHOLE
REMOVE & REPLACE EXIST. 4" SEWER LATERAL

CONSTRUCT EXCAVATION / BACKFILL & PAVING

PROTECTION CASING FOR MAINLINE & HOUSE SEWER
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Date
Project Number
Plancheck Number
Location
Computed By
Contact Phone
Contact Email

CONSTRUCTION ITEM DESCRIPTION QTY UNIT COST TOTAL

RCP STORM DRAIN
RCP SIZE X $3.25 / INCH OF I.D. UP TO 60" DIAMETER
12'' INC. EXC., BACKFILL & PVMT RESTORATION 45 L.F. $ 39.00 $ 1,755.00 18'' INC. EXC., BACKFILL & PVMT RESTORATION 248 L.F. $ 58.50 $ 14,508.00 24'' INC. EXC., BACKFILL & PVMT RESTORATION 493 L.F. $ 78.00 $ 38,454.00 INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ - $ -
66" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 260.00 $ - 72" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 290.00 $ - 78" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 305.00 $ - 84" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 330.00 $ - 90" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 350.00 $ - 96" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 365.00 $ - 102" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 470.00 $ - 108" INC. EXC., BACKFILL & PVMT RESTORATION L.F. $ 480.00 $ -

LATERAL
18" RCP OR SMALLER L.F. $ 45.00 $ -
INC. EXC., BACKFILL & PVMT RESTORATION
MANHOLE 5 EA. $ 4,500.00 $ 22,500.00

CATCH BASIN
CATCH BASIN LESS THAN 7' IN WIDE 2 L.F. $ 409.50 $ 819.00 7' WIDE - CB WITH SCREEN INLET 1 E.A. $ 3,900.00 $ 3,900.00 10' WIDE- CB WITH SCREEN INLET E.A. $ 4,200.00 $ -
14' WIDE - CB WITH SCREEN INLET E.A. $ 4,700.00 $ -
21' WIDE - CB WITH SCREEN INLET E.A. $ 4,900.00 $ -
LOCAL DEPRESSION FOR UP TO 10' WIDE CB L.S. $ 585.00 $ - LOCAL DEPRESSION FOR > 10' WIDE CB L.S. $ 1,200.00 $ -

ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Storm Drain Improvements
9/5/2025
TM 20281
Chino Ave, Ontario
KWC Engineers
(951) 734-2130
[email protected]
PC 7
S:\Engineering\Forms\Land Forms\...
\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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ENGINEERING DEPARTMENT
Construction Cost Estimate Form
Storm Drain Improvements
9' X 9' RCB L.F. $ 610.00 $ -
9' X 12' RCB L.F. $ 650.00 $ -
OUTLET STRUCTURE EA. $ 700.00 $ -
INLET STRUCTURE EA. $ 700.00 $ -
TRANSITION STRUCTURE EA. $ 1,700.00 $ -
OTHER
1 EA. $ 3,500.00 $ 3,500.00
3 EA. $ 5,000.00 $ 15,000.00
1 EA. $ 5,000.00 $ 5,000.00
3 EA. $ 5,000.00 $ 15,000.00
$ 120,436.00
10% CONTINGENCY $ 12,043.60
TRAFFIC CONTROL 1 L.S. $ 3,643.19 $ 3,643.19
MOBILIZATION, SWPPP, EROSION CONTROL 1 L.S. $ 5,299.18 $ 5,299.18 STORM DRAIN IMPROVEMENTS TOTAL $141,421.97

STORM DRAIN IMPROVEMENTS SUB-TOTAL
REMOVE TEMP. 30" C.M.P. RISER
JUNCTION STRUCTURE NO. 2
FIRST FLUSH MANHOLE NO. 1

PROTECTION FOR MAIN LINE SEWER
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\Engineering Project Cost Estimate
(Fee Calculator) 20241101 Last Update: 11/1/2024
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161

RECEIPT

CITY OF ONTARIO

REVENUE DEPARTMENT
303 E. B STREET
(909) 395-2050
ONTARIO, CA 91764
Application: E202200064
Application Type: Permits/Engineering/Engineering/Plan Check Address: 9510 E CHINO AV, ONTARIO, CA
Receipt No. 372999
Payment Method Ref Number Amount Paid Payment Date Cashier ID Cash Drawer ID Received Comments Check ev-20250925-

8.1 $1,825,755.86 09/25/2025 21230
Owner Info.: Chino Avenue LLC
12223 Highland Avenue, Suite 106-553
Rancho Cucamonga, CA 91739
Work
Description:

A Tentative Tract Map to subdivide 4.79 acres of land into 37 lots and 1 lettered lot, located at 9510 East Chino Avenue, within the Neighborhood 3 land use district of the Countryside Specific Plan (APN: 0218-111-56). Related Files: PDEV19-023 and PSPA19-001. Project ID: 752-931-577
162
Department: Engineering
Prepared By: Frederick Addison
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam, Andrea
Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT: A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-033 LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND CORONA AVENUE

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-033, located at the northwest corner of 4th Street and Corona Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: There is no direct fiscal impact associated with this action. All public infrastructure improvements required for this project will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS: Ambitus-Ontario 1 LP has submitted Development Plan No. PDEV22- 033, consisting of 77 multi-family dwellings constructed on approximately one (1) acre of land, as shown on Exhibit A. This project was approved by the Planning Commission on November 28, 2023.

The Development Plan improvements will include streets, sidewalk, parkway landscaping, sewer, water, recycled water, traffic signal, signing and striping, streetlight, and fiber optic. All landscape improvements will be consistent with current City's Landscape Development Guidelines and the Model Water Efficient Landscape Ordinance.

The Developer has entered into an Improvement Agreement with the City for this project and posted adequate security to ensure construction of the required improvements. The project meets all conditions of the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
163
APN: 0108-551-62-0-000

EXHIBIT A
PDEV22-033 DATE: 09-18-25
PROJECT ID.:

PDEV22-033
164
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.

PDEV22-033 LOCATED AT THE NORTHWEST CORNER OF 4
TH
STREET AND CORONA AVE.

WHEREAS, Development Plan No. PDEV22-033, submitted for approval by Ambitus-Ontario 1, LP, was approved by the Planning Commission of the City of Ontario on November 28, 2023; and
WHEREAS, Development Plan No. PDEV22-033, a development consisting of 77 multi-family dwellings in the City of Ontario, County of San Bernardino, State of California being Lot ‘A’ as described in Lot Line Adjustment No. LLA23-015, recorded on September 22, 2023 in the Office of the County Recorder of San Bernardino County; and WHEREAS, to meet the requirements established as prerequisite to final approval of Development Plan No. PDEV22-033, Ambitus-Ontario 1, LP, has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:

1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and

2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 4
th day of November 2025.
_____________________________________
PAUL S. LEON, MAYOR
165
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
166

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
167
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169
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Department: Public Works
Prepared By: Lance Verdugo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:

EXCELSIOR ELEVATOR CORPORATION FOR ELEVATOR MAINTENANCE SERVICES

AND ON-CALL EMERGENCY REPAIRS

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Maintenance Services Agreement with Excelsior Elevator Corporation, of Santa Ana, California, in the amount of $333,305 for elevator maintenance services and on-call emergency repairs at various City facilities, for a total not-to-exceed contract amount of $483,305, and authorize the option to extend the agreement for two additional one-year terms.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The recommended Amendment No. 1 with Excelsior Elevator Corporation is in the amount of $133,305 for routine elevator maintenance and $200,000 for on-call emergency parts and repairs, increasing the contract amount by $333,305 and authorize the option to extend the agreement for two additional one-year terms, for a total not-to-exceed contract amount of $483,305 over the five-year term. The Fiscal Year 2025–26 Adopted Budget includes appropriations in the Equipment Services Fund for elevator maintenance and on-call emergency repairs.

BACKGROUND & ANALYSIS: On July 28, 2025, the City entered into a three-year agreement with the option to extend for two additional one-year terms with Excelsior Elevator Corporation as a result of the award for Bid No. 1897, for a total not-to-exceed contract amount of $150,000. With the addition of the City’s new Civic Center Parking Structure, two additional elevators must be included for monthly and annual maintenance, as well as emergency and after-hours repairs, to ensure equipment durability and elevator safety. The recommended Amendment No. 1 increases the contract amount by $333,305 for a total not-to-exceed contract amount of $483,305 over the five-year term.

As the City continues to expand its facilities, the number of elevators requiring maintenance has also increased. The Municipal Services Department relies on its vendors to provide ongoing maintenance and timely repairs to ensure the safety, reliability, and operation of all elevators 216
serving the public and staff. Further competition is not in the public’s best interest because the amendment simply continues the existing vendor’s maintenance and repair services for City facilities, and an additional procurement for the extra work would lead to higher costs for the City due to having multiple vendors providing unreasonably small scopes of work. Excelsior Elevator Corporation has proven effective in minimizing downtime, reducing the need for costly replacements, and extending the lifespan of existing equipment. Staff recommends approving Amendment No. 1 to the Maintenance Services Agreement with Excelsior Elevator Corporation to support continued, uninterrupted elevator operations across City facilities.

This work is exempt from competitive bidding under applicable law because competitive proposals work an incongruity and are unavailing as affecting the final result, competitive proposals do not produce any advantage, and it is practically impossible to obtain what is required and to observe such form, (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 636- 637), because the work identified could not have been ascertained prior to commencement of work, the pricing is on fair and reasonable terms pursuant to the change order provisions of the underlying contract, and bidding the work as a separate contract would result in greater expense to the public. 217
46700.00100\33287662.1

Page 1 of 3 ends

BB&K 2020
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO AND

EXCELSIOR ELEVATOR CORPORATION

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Excelsior Elevator Corporation a Corporation. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled Maintenance Services Agreement” dated July 28, 2025 (“Agreement”).

2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to add Additional Maintenance Services and on-call emergency repairs increasing compensation by Three Hundred Thirty-Three Thousand Three Hundred Five Dollars with Zero Cents ($333,305).

The new total not-to-exceed contract amount is Four Hundred Eighty-Three Thousand Three Hundred Five Dollars with Zero Cents ($483,305).

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section

3.7.11. 3. Terms.

3.1 Amendment. Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
218
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BB&K 2020
incorporated herein by reference. The total compensation shall not exceed Four Hundred EightyThree Thousand Three Hundred Five Dollars with Zero Cents ($483,305) without written approval of City’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” Exhibit “C” is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

Exhibit “B” is hereby deleted in its entirety and replaced with Attachment B attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
219
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Page 3 of 3 ends

BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND EXCELSIOR ELEVATOR CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 as of the day and year first above written.

CITY OF ONTARIO EXCELSIOR ELEVATOR

CORPORATION
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

City Clerk
220
Attachment A
ATTACHMENT “A”

COMPENSATION
COMPENSATION NOT-TO-EXCEED $483,305
221
Attachment B-1
ATTACHMENT “B”

SCHEDULE OF SERVICES
ELEVATOR MAINTENANCE SERVICES MS2526-01
FY 2025-2028 3 YEAR CONTRACT
Building Annual Price
C-Block Parking
Structure
(Elevator 1)
155 C Street
$4320.00
C-Block Parking
Structure
(Elevator 2)
155 C Street
$4320.00
City Hall (Elevator 1)
303 B St. DVB05197
MACHINE # Z13692
$4320.00
City Hall (Elevator 2) 303
B St. DVB05197
MACHINE# Y00053
$4320.00
Civic Center 200 N Cherry
DVB05191 MACHINE#
Z13634
$4320.00
Library (Elevator 1)
215 E. "C" St. DVB06494
MACHINE# Z13691
$4320.00
Library (Elevator 2) 215 E.
"C" St. DVB06494
MACHINE #Z97199
$4320.00
Housing
208 W. Emporia DVB06773
MACHINE# Z98824
$4320.00
Police Department 2500
S. Archibald DVB06228
MACHINE# Z89955
$4320.00
Civic Center Parking
Structure (Elevator 1)
331 N. Sultana Avenue
$5020.00
Civic Center Parking
Structure (Elevator 2)
331 N. Sultana Avenue
$5020.00
222
Attachment B-2

SCHEDULE OF SERVICES
ELEVATOR MAINTENANCE SERVICES MS2526-01
FY 2028-2029 1
st OPTIONAL YEAR CONTRACT
Building Annual Price
C-Block Parking Structure
(Elevator 1)
155 C Street
$4450.00
C-Block Parking Structure
(Elevator 2)
155 C Street
$4450.00
City Hall (Elevator 1)
303 B St. DVB05197
MACHINE # Z13692
$4450.00
City Hall (Elevator 2)
303 B St. DVB05197
MACHINE# Y00053
$4450.00
Civic Center 200
N Cherry
DVB05191
MACHINE#
Z13634
$4450.00
Library (Elevator 1)
215 E. "C" St. DVB06494
MACHINE# Z13691
$4450.00
Library (Elevator 2)
215 E. "C" St.

DVB06494
MACHINE #Z97199
$4450.00
Housing
208 W. Emporia DVB06773
MACHINE# Z98824
$4450.00
Police Department 2500
S. Archibald
DVB06228
MACHINE# Z89955
$4450.00
Civic Center Parking
Structure (Elevator 1)
331 N. Sultana Avenue
$5170.00
Civic Center Parking
Structure (Elevator 2)
331 N. Sultana Avenue
$5170.00
223
Attachment B-3

SCHEDULE OF SERVICES
ELEVATOR MAINTENANCE SERVICES MS2526-01
FY 2029-2030 2
nd OPTIONAL YEAR CONTRACT
Building Annual Price
C-Block Parking Structure
(Elevator 1)
155 C Street
$4585.00
C-Block Parking Structure
(Elevator 2)
155 C Street
$4585.00
City Hall (Elevator 1)
303 B St. DVB05197
MACHINE # Z13692
$4585.00
City Hall (Elevator 2)
303 B St. DVB05197
MACHINE# Y00053
$4585.00
Civic Center 200
N Cherry
DVB05191
MACHINE#
Z13634
$4585.00
Library (Elevator 1)
215 E. "C" St. DVB06494
MACHINE# Z13691
$4585.00
Library (Elevator 2)
215 E. "C" St.

DVB06494
MACHINE #Z97199
$4585.00
Housing
208 W. Emporia DVB06773
MACHINE# Z98824
$4585.00
Police Department 2500
S. Archibald
DVB06228
MACHINE# Z89955
$4585.00
Civic Center Parking
Structure (Elevator 1)
331 N. Sultana Avenue
$5325.00
Civic Center Parking
Structure (Elevator 2)
331 N. Sultana Avenue
$5325.00
224
Attachment B-4
225
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR ON-CALL GEOTECHNICAL CONSULTING AND MATERIALS

TESTING SERVICES FOR THE ONTARIO GRAND PARK PROJECT

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute Amendment No. 10 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, for on-call geotechnical consulting and materials testing services for the Grand Park Project in the amount of $1,168,253 for a total not-to-exceed contract amount of $2,907,138.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Focus Resources in Ontario's Commercial and Residential Neighborhoods Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT: The proposed Amendment No. 10 to the Professional Services Agreement with Kleinfelder, Inc. is in the amount of $1,168,253 for total not-to-exceed contract amount of $2,907,138. The Fiscal Year 2025-2026 Adopted Budget includes appropriations in the Park Impact Fund for on-call geotechnical consulting and materials testing services for the Grand Park Project.

BACKGROUND & ANALYSIS: On December 21, 2021, the City Council approved the conceptual "Grand Park" Master Plan and the Preliminary Park Design for Phase 1. Phase 1 builds upon the framework established in the Conceptual Park Master Plan and is comprised of approximately 130 acres of land and occurs within the eastern portion of Ontario Ranch. This phase is bordered by Grand Park Street to the north, Eucalyptus Avenue to the south, Haven Avenue on the east and Archibald Avenue on the west. This portion of the park contains meadows, trails, and a field for recreational use that also serves as a storm water capture system. Day one core park amenities proposed in the center of this phase include a Market Alley where farmer's markets, food trucks and community events can be organized, a community barn and farm hub, kids' corral (a children's playground), and a 5,000 capacity amphitheater along the central plaza. 226
On October 15, 2024, the City Council approved a Construction Contract with Philbin Construction Company for the mass grading of the Grand Park site. On January 7, 2025, the City Council approved an Amendment to the Professional Services Agreement with Kleinfelder, Inc. to provide geotechnical consulting and materials testing services during the mass and fine grading at the Grand Park site. Now that grading is nearing completion, Staff is recommending Kleinfelder, Inc. to perform materials testing, including soils and asphalt testing, special inspection services, including steel and concrete inspections, and geotechnical consulting services for the construction phase of the project. Grand Park is scheduled to be operational by Summer of 2027.

Further competition is not in the public interest because the contemplated amendment merely continues the consultant’s work on an existing project. Were another consultant to be utilized, it would result in increases in expenses, delays, and inefficiencies as a result of the loss of continuity. 227
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BB&K 2020
AMENDMENT NO. 10 TO

THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
KLEINFELDER, INC.

1. Parties and Date.

This Amendment No. 10 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Kleinfelder, Inc., a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated March 7, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to include special inspections, geotechnical consulting and material testing services for D&C21-005 Grand Park Phase 1 and increase the amount by $1,168,253 for a new not-to-exceed amount of $2,907,138. The Parties have heretofore entered into that Amendment No. 1 dated April 4, 2023, Amendment No. 2 dated May 2, 2023, Amendment No. 3 dated May 2, 2023, Amendment No. 4 dated March 5, 2024, Amendment No. 5 dated March 5, 2024, Amendment No. 6 dated June 18, 2024, Amendment No. 7 dated January 7, 2025, Amendment No. 8 dated March 4, 2025 and Amendment No. 9 dated October 22, 2025.

2.3 Amendment Authority. This Amendment No. 10 is authorized pursuant to Section

3.7.14 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1 and 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
228
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BB&K 2020
customary work necessary to fully and adequately supply the professional material testing and geotechnical engineering services necessary for the Project ("Services"). The Services for 2022 Spring Alley CDBG Pavement Rehabilitation Project are more particularly described on Exhibit “A” and Exhibit “D” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.”
“3. 2. 1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" and Exhibit “D” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million Nine Hundred Seven Thousand and One Hundred Thirty-Eight Dollars ($2,907,138) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” Exhibit “A” – Scope of services is hereby amended in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 10, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 10. From and after the date of this Amendment No. 10, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 10.

3.4 Severability. If any portion of this Amendment No. 10 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND KLEINFELDER, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 10 as of the day and year first above written.

CITY OF ONTARIO Kleinfelder, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

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

City Clerk
230
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620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185 July 31, 2025
Kleinfelder Project No.: 20236170.013A
City of Ontario
Mr. Daniel Beers
Design & Construction – Principal Project Manager
1333 S. Bon View Avenue
Ontario, California 91761
SUBJECT: Request for Additional Authorization to Provide Special Inspection and Materials Testing Services
Grand Park Project
North of Eucalyptus Avenue Between Haven Avenue & Archibald Avenue City of Ontario, California
Dear Mr. Beers:

Kleinfelder Inc. is pleased to present this request for additional authorization to provide special inspection and materials testing services for the subject project. This request for additional authorization includes a description of our understanding of the project, our proposed scope of services, and our estimated fees.

Kleinfelder is committed to providing quality service to its clients, commensurate with their wants, needs, and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, and scheduling may result in changes to the risks assumed by the client, as well as adjustments to our fees. The following information forms the basis of our proposal and cost estimate.

PROJECT UNDERSTANDING
Kleinfelder understands that the City of Ontario plans to develop the Grand Park which is located north of Eucalyptus Avenue between Haven Avenue and Archibald Avenue. The park is proposed to include an outdoor amphitheater, barn structure, maintenance buildings, restroom buildings, trails, activity fields, and an arroyo.

Per conversations with Philbin Construction, Transtech Engineers, and the City of Ontario, we understand that the remaining work will consist of rough and fine grading the site along with utility improvements, street improvements, construction of structural concrete elements, construction of masonry walls, and steel framing with a proposed duration of approximately 24 months. Our services for this scope of the work will be requested starting on July 1, 2025 and will be completed on or around June 30, 2027.

Attachment A
231
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Copyright 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185 At the time of our proposal preparation, a construction schedule, project plans, and project specifications were not available for our review.

SCOPE OF SERVICES
Kleinfelder will continue to provide materials testing and special inspection services on an as-requested basis during development of the park. Our services will be coordinated with the City’s on-site representatives. The overall proposed scope of Kleinfelder’s services is provided in the following tasks which provide the basis of our cost estimate.

Materials Testing Services
Soil & Aggregate Base
Kleinfelder will staff the project with a field technician to observe and test the soil and aggregate base for compaction. Our services will include on-site in-situ density testing by nuclear method during site grading and utility trench backfill activities. This service will also include onsite observation and testing during grading activities and placement of aggregate base for the onsite access roadway/parking areas. In general, our services will be provided on a continuous basis during site grading and utility trench backfill operations. Import, export, and backfill material and compaction efforts will be observed for appropriate compaction, moisture content, oversized material, and debris. Compaction testing will be performed in general accordance with the project specifications. Our personnel will sample and deliver soil and aggregate base material to our laboratory for testing.

Asphalt Concrete
Kleinfelder will staff the project with a field technician to provide observation and testing during placement of the asphalt pavement. Our field personnel will collect load tickets to document the quantity of the delivered materials and observe and document that the asphalt pavement material is placed in lifts of suitable thickness and adequately compacted. Our technician will also measure the loose thickness of the asphalt prior to compaction. Density testing of the compacted asphalt pavement will be performed using a nuclear density gauge. The results of the density and field relative compaction testing will be reported to the owner’s on-site representative and the contractor as the tests are performed so that adjustments can be made, if possible, during the course of the work. Our personnel will sample and deliver asphalt material to our laboratory for testing.

Special Inspection Services
Portland Cement Concrete
Kleinfelder will staff the project with ACI certified field technicians and ICC certified special inspectors on a periodic basis to observe and test structural concrete. Our technicians and inspectors will observe placement, sample, and test structural concrete used in footings, columns, beams, and slabs-on-grade. Our field services will include monitoring of slump, mix-design identification, temperature testing, time of batching/placement, mixing time, and casting of concrete cylinders for compression testing. We will pick up and deliver concrete specimens to our laboratory for the required testing.

We have assumed that Portland cement concrete batch plant inspection will not be required. If requested, Kleinfelder can provide batch plant inspection after receiving appropriate authorization from the City. We anticipate that the contractor will provide the proper submittals for concrete that 232
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KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185 will eliminate the need for qualification testing by us, therefore our fee does not include testing of concrete aggregates for acceptance testing.

Reinforcing Steel
Kleinfelder will staff the project with an ICC certified special inspector on a periodic basis to inspect placement of the reinforcing steel prior to placement of concrete. Reinforcing steel is checked for size, spacing, type, grade, identification, placement, and configuration. We will also collect samples of reinforcing steel which will be transported to our facility for laboratory testing as required by the project plans and specifications.

Structural Masonry
Kleinfelder will staff the project with an ICC certified special inspector on a periodic basis to during the lay-up of masonry units. Our inspector will inspect reinforcing steel utilized during masonry construction activities for size, grade, vertical and horizonal placement, and clearances.

Additionally, they will observe if cleanouts are provided for the first course of each pour if high lift method is used, mortar ingredients and batching techniques, and they will prepare mortar compression test specimens for laboratory testing. During grouting observations, our inspector will observe the grout mix for conformance to the approved mix design, slump is in general accordance with specifications, and consolidation during placement and later during reconsolidation. Our inspectors will monitor the duration of time between batching of grout, flow of grout throughout wall, grout pour height, and they will prepare grout specimens and/or prisms.

Our inspector will collect samples of mortar, grout, and composite masonry prisms following field curing for transportation to our laboratory for testing as required by the project plans and specifications.

Welding and Bolting
Kleinfelder will staff the project with an ICC certified special inspector on a periodic basis during field welding observations, and our special inspector will check welder certifications and the Welding Procedure System (WPS). We will inspect joints for proper preparation, including bevel, root faces, and root opening. Inspection will be performed on complete and partial joint penetration groove welds, multiple pass fillet welds, slot welds, and single pass fillet welds as required by the contract documents. Additionally, we will provide an ICC certified special inspector to provide structural steel fabrication shop inspection on a periodic basis. Services will include the review of welder certifications, and observation of overall conformance of structural steel construction to the project requirements. Steel fabrication shop services are limited to within 50 miles of the project site; locations outside the described radius are subject to additional fees.

During high strength bolting observation, we will review the type of joint specified, check bolts, nuts, and washers for compliance to project specifications, review the procedure for installation of bolts, monitor the installation of bolts to verify the selected installation procedure is properly used to tighten and torque the bolts per the project requirements.

Laboratory Testing Services
Our laboratory testing will be conducted in general accordance with ASTM procedures. Samples collected from the job site will be secured and delivered to our local Ontario laboratory for testing as required. Laboratory testing will be performed in accordance with the plans, specifications, and local jurisdictional requirements to evaluate that the materials comply with project requirements and are suitable for their intended use. Results of laboratory testing will be reviewed and prepared in typewritten reports for submittal to the appropriate city staff, Project Manager, and designated 233
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KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185 team members. Results of tests indicating material not meeting minimum project requirements will be immediately communicated with the project design professionals.

GEOTECHNICAL ENGINEERING, PROJECT MANAGEMENT, & ADMINISTRATION Kleinfelder’s Project Manager, Mr. Jeff Diaz, will coordinate our services with the City and other stakeholders. Mr. Diaz will be supported by Principal Geotechnical Engineer, Mr. Jeff Waller, PE, GE along with in-house technicians and special inspectors from our local Ontario office and laboratory having the appropriate experience and certifications necessary to perform materials testing and special inspection services at the project site. We have included the scope and budget for the following services during the project.

Maintain Responsibility as Geotechnical Engineer of Record Kleinfelder proposes to review the referenced project documents to maintain the responsibility as Geotechnical Engineer of Record for the project. The conclusions and recommendations presented will be evaluated for application to the subject site and a Letter of Acceptance will be prepared for submittal to the appropriate agency. Kleinfelder will immediately advise you if supplemental investigation and analysis are needed to support the recommendations presented in the referenced documents. As part of our review, if requested, Kleinfelder also proposes to review the project Civil and Structural plans for conformance with the geotechnical recommendations presented in the referenced report. We anticipate providing only one list of comments for the project designers. Once the project plans are in conformance with the geotechnical recommendations, Kleinfelder will place the signature and stamp of a California registered Engineer on the plans and prepare a Letter of Plan Review for submittal to the appropriate agency.

Construction Meetings
Our proposed scope of services and fee estimate includes attendance at a pre-construction conference. During this meeting we will identify the project team members, their project roles for development of a distribution list of our reports, review the construction schedule, and discuss potential construction concerns. We have also included attendance during additional construction meetings to be held during construction activities.

Technical Management
Kleinfelder will provide technical consultation. These services may include field observations, research, as requested engineering review, interpretation of laboratory results, communication, and generation of requested professional recommendations. DFRs summarizing the work performed and conformance of the work with the project requirements will be reviewed by our project manager. Items found in non-compliance with the project requirements will be brought to the attention of the general contractor’s construction superintendent, and the city’s representative immediately upon findings.

Final Report
At the completion of the project, a final summary report will be prepared to document in-place density and moisture results for tests performed, our observations, and a summary of our materials testing and special inspection services.

As-Needed Additional Consultation
If needed, we can provide other services that may be required during construction, such as reviewing structural design calculations, material submittals (in addition to those previously 234
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KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185 mentioned), and responding to requests for information (RFIs). If requested, these services will be invoiced at our approved fee rates with the City of Ontario.

Scope in excess of the authorization requested herein can be provided on a time and materials basis in accordance with our current approved fee schedule with the City of Ontario.

ASSUMPTIONS
During our proposal preparation certain assumptions were required based on the available information provided. The following assumptions were made based on the provided information:

• No construction schedule, project plans, and/or project specifications were provided at the time of proposal preparation.
• Our services are limited to materials testing and special inspection over a 24-month duration from July 1, 2025 to June 30, 2027.
• Work will be performed during normal business hours, typically between 6 AM and 5 PM. • Overtime services will not be required (more than eight hours per day, Saturday, Sunday, holidays, etc.).
• Work is subject to payment of California Prevailing Wages. • Work is not subject to union requirements.
• Laboratory and field testing will be performed in general accordance with ASTM standards.
• We are not providing batch plant inspection for asphalt concrete and/or Portland cement concrete placements.
• It is assumed that traffic control will be provided by others if required for fieldwork. • The cost of any equipment (i.e. ladders, shoring, etc.) to gain access to any area requiring testing or sampling of materials is not included in this proposal. • Preparation of supplemental reports, addendum letters, and review of plans and specifications are not included in our fee.
• Rates presented in our attached fee estimate are valid until 3/31/2026 per our contract terms. A 5% escalation on all rates will be applied on 4/1/2026 and again on 4/1/2027. • Responses to review agencies or additional work that may be requested by reviewing agencies are not included.
• Kleinfelder will not be taking over as the Structural Engineer of Record. • Kleinfelder will provide one full-time materials testing technician for the duration of the 24-month period.
• Kleinfelder will provide an ICC certified special inspector on a periodic basis for the duration of the 24-month period.

It should be noted our services will not include: (1) supervision, direction, or acceptance of the contractor's work; (2) interpretation or modification of the project plans or specifications; 235
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KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185 (3) submittal of test results or reports to any regulatory agency (unless specifically requested by the Client in writing); or (4) job site safety.

ESTIMATED FEE
We propose our services be compensated on a time-and-expense basis as shown in our attached fee estimate. For the scope of work outlined above, we will use the approved rates associated with our on-call contract with the City of Ontario. We have estimated an approximate budget of $1,168,252.80 for this project, as reflected in the attached Table 1 - Fee Estimate. It should be noted that the fee rates shown in Table 1 - Fee Estimate are inclusive of standard equipment charges. We do not anticipate using equipment that is non-standard (coring equipment, rebar locators, or other non-standard equipment) for this project.

A “show-up” fee for scheduled services that are canceled after arrival if any, will incur a two-hour minimum charge. All field inspection and testing services are based on portal-to-portal from our Ontario office and laboratory and will be billed in accordance with the Basis of Charges on the attached Table 1 - Fee Estimate.

It should be noted that the fees above do not anticipate overtime or double time work on the project. The rates associated with overtime and double time work are 1.5 and 2.0 times the listed hourly rates in the Table 1 - Fee Estimate. Overtime work can significantly impact our testing and inspection budget for the project. While we will be diligent in our attempts to keep overtime to a minimum, please be aware that contractor scheduling and performance are the primary causes for overtime work. Proficient contractor performance and scheduling minimizes additional testing and inspection time, consequently resulting in lower total fees. In the event conditions arise which are beyond our control, were unknown at the time this proposal was prepared, unanticipated based on the available information, or differ significantly from the assumptions shown below, we may need to revise our scope of work and estimated fees to complete the project. Should this occur, we will contact you for authorization before exceeding the project budget.

Our estimate is provided on a time-and-expense basis. It should be noted that our total fees on the project can fluctuate for a variety of unpredicted reasons beyond our control including weather conditions, the quality and performance of the construction materials used, and the contractor’s team, as well as the contractor’s approach and scheduling of construction sequences.

Jurisdictional requirements not identified at the outset of the project, or other unpredictable events that develop over the course of the project, can contribute to additional unplanned inspection or unanticipated engineering consultation not factored into our estimate.

AUTHORIZATION
We anticipate that the City of Ontario will issue a Notice to Proceed (NTP) referencing this additional authorization request and Amendment No. 3 to the Professional Services Agreement for On-Call Materials Testing and Geotechnical Engineering Services dated March 7, 2023, as our authorization to proceed. Provided that the NTP is consistent with previously negotiated terms and conditions, we will execute and return executed original to you for your records. If there is a need for any change in the scope of work or schedule described in this proposal or changes to the terms and conditions from those previously negotiated, please call us immediately. Changes may require revision of the proposed fee, which will be communicated to you upon assessment of the requested changes' effect on the fee.
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KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185 All information gathered by Kleinfelder is considered confidential and will be released only to those specified by the construction documents, or to others upon written authorization by the client, or as required by law.

Kleinfelder offers a range of assessment and engineering services to suit the varying needs of our clients. Although risk can never be eliminated, more detailed and extensive assessment or engineering yields more information, which may help understand and manage the degree of risk.

Since such detailed services involve greater expense, our clients participate in determining the level of service that provides adequate information for their purposes at an acceptable level of risk. Acceptance of this proposal will indicate that the City of Ontario has reviewed the scope of services and determined that it does not need or want services in addition to the services being proposed at this time. Any exceptions should be noted and may result in a change in fees.

LIMITATIONS
The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the location of your project represents a potential safety concern to our employees. Unsafe conditions for fieldwork will require modification of our estimated scope of work and associated fees. We will advise you of the additional costs necessary to mitigate these unanticipated conditions, if applicable.

Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects.

This proposal is valid for a period of 90 days from the date of the proposal unless a longer period is specifically required in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder’s express permission.

The fee specified in this proposal is based upon the assumption that the site will be accessible to field personnel. If weather, access, or site conditions restrict our field operations, we may need to revise our fee estimate.

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KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185

CLOSURE
We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If there is a need for any change in the scope of service or schedule described in this proposal, or if you have any questions or require additional information, please call the undersigned at 909.657.1734.

Sincerely,

KLEINFELDER
Jeffrey Diaz Jeffery D. Waller, PE, GE
Project Manager Principal Geotechnical Engineer
Attachments: Table 1 – Fee Estimate
Approved Fee Schedule for the City of Ontario
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TABLE 1 – FEE ESTIMATE

239
Estimated Duration for Kleinfelder's Services - 07/01/2025 through 06/30/2027 Number of Visits Hours Each Visit Total Rate Cost
(Days) (Hours) (Hours)
Materials Testing & Special Inspection Services
Field Technician 493 8 3944 $138.00 $544,272.00
Special Inspector 247 8 1976 $138.00 $272,688.00
ESTIMATED SUBTOTAL $816,960.00
Laboratory Testing Services
Estimated at 10% of Field Services Cost (Billed Per Attached Fee Schedule) $81,696.00 ESTIMATED SUBTOTAL $81,696.00
Total Rate Cost
Geotechnical Engineering, Project Management, & Administration (Hours/Units) Estimated at 20% of Field Services Cost (Billed Per Attached Fee Schedule) 0 $200.00 $163,392.00 ESTIMATED SUBTOTAL $163,392.00
Project Contingency
10% of Total Project Cost $106,204.80
ESTIMATED TOTAL FEE $1,168,252.80

HOURS WORKED HOURS BILLED
Show up-No Work/Cancelled 2
Sample Pick-up 2
2-8 hours Actual Hours Worked
8-12 & Saturday Time and One-Half
Greater than 12, Sundays & Holidays Double Time
*Please note: Overtime services not specifically listed above will incur a multiplier of 1.5 times the rate shown and double time will incur a multiplier of 2.0 times the rate shown. **Rates presented above are valid until 3/31/2026 per our contract terms. A 5% escalation on all rates will be applied on 4/1/2026 and again on 4/1/2027.

Table 1 - Fee Estimate
Materials Testing & Special Inspection Services
Grand Park Project
This fee estimate assumes that prevailing wage laws apply to the subject project BASIS OF CHARGES (Portal to Portal)
City of Ontario, California
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KLEINFELDER’S APPROVED FEE SCHEDULE
241
City of Ontario RFP No. 1628
25 8. FEE PROPOSAL (Also uploaded separately on PlanetBids) Kleinfelder’s Fee Proposal below includes 2023-2026 professional staff rates and a laboratory fee schedule. 242
City of Ontario RFP No. 1628
26 243
Department: Utilities
Prepared By: Dennis Mejia
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Courtney
Jones, Michael Sigsbee
Approved By:

AGREEMENT AND A PERMANENT EXCLUSIVE EASEMENT AND ACCESS EASEMENT

AGREEMENT WITH THE CHINO DESALTER AUTHORITY

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution approving a Temporary Construction Easement and a Permanent Exclusive Easement and Access Easement with the Chino Desalter Authority for the development, operation and maintenance of a new groundwater well facility located at Grand Park, and authorizing the City Manager, or designee, to execute said agreements.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Water Capital Fund for any costs associated with this action, including the preparation of legal documentation. This action is not expected to have a significant cost impact. There is no impact to the General Fund.

BACKGROUND & ANALYSIS: The City of Ontario proposes to grant a temporary construction easement and a permanent exclusive and access easement to the Chino Desalter Authority (CDA) to facilitate the construction and operation of a new groundwater well facility. The City is a member agency of the CDA, a Joint Powers Authority responsible for owning, operating, and maintaining regional water desalting facilities (Chino I and Chino II Desalters).

CDA’s existing infrastructure includes two treatment plants, thirty groundwater wells, over forty miles of pipeline and various product water distribution facilities (pump stations, reservoirs and interconnections). The City, as a 20% owner in CDA, shares the responsibility for providing regional water supply reliability through groundwater treatment and delivery. 244
CDA currently produces approximately 35,200 acre-feet of drinking water annually for its member agencies. However, with demand for potable water continuing to grow across the region, the development of a new groundwater well facility is essential to expanding production capacity and maintaining long-term supply reliability.

The proposed well site is located within Grand Park, which has been jointly identified by the City and CDA as a suitable location to support the CDA’s operational needs. This site will not conflict with any planned park amenities. The construction of this new well will enhance CDA’s ability to meet water supply demands for its member agencies while contributing to the City’s long-term water reliability goals. The City of Ontario will directly benefit from this construction, as approximately 15% of the City’s total water supply is provided through CDA facilities.

Please see the location of the proposed construction in Exhibit A. 245
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PROPOSED CDA WELL LOCATION WITHIN GRAND PARK

PROPOSED

WELL LOCATION
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RESOLUTION NO.________

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

CALIFORNIA, APPROVING THE GRANT OF A TEMPORARY

CONSTRUCTION EASEMENT AGREEMENT AND A PERMANENT

EXCLUSIVE EASEMENT AND ACCESS AGREEMENT WITH THE CHINO
BASIN DESALTER AUTHORITY.

WHEREAS, the City of Ontario (“City”) is a member agency of the Chino Basin Desalter Authority (“CDA”), and directly benefits from CDA’s operations, which provide approximately 15% of the City’s total water supply; and WHEREAS, the CDA desires to construct a new groundwater facility (“Well”) within City owned property to enhance its ability to meet water supply demands for its member agencies and contribute to the City’s long-term water reliability goals; and WHEREAS, to facilitate the construction and permanent operation of the Well and its related infrastructure, the CDA requires a temporary construction easement, permanent exclusive easement for the use of the Well site, and an access easement to provide ingress and egress to the Well site area; and
WHEREAS, the City desires to grant CDA a temporary construction easement, permanent exclusive easement for the use of the Well site, and an access easement to provide ingress and egress to the Well site to assist CDA in facilitating the construction and operation of the Well; and
WHEREAS, the legal descriptions and depictions for the permanent exclusive easement, access easement, and temporary construction easement are contained within the exhibits attached to their respective agreements; and WHEREAS, the grant of these easements are necessary and in the public interest.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario, California, as follows:

SECTION 1. The above recitals are true, correct and by this reference incorporated herein.

SECTION 2. On June 5, 2025, the CDA Board adopted a Finding of Consistency with the Optimum Basin Management Program Update Subsequent Environmental Impact Report (OBMPU SEIR). The Notice of Determination was filed on June 9, 2025 under State clearinghouse number SCH#2020020183.

SECTION 3. The City Council of the City of Ontario (“City Council”) approves the permanent exclusive easement and access easement agreement and the temporary construction easement agreement between the City and the CDA. The City Manager, or designee, is hereby authorized and directed to execute both agreements and any related documents on behalf of the City that is necessary to effectuate this Resolution 267
SECTION 4. This Resolution shall become effective immediately upon its adoption.

SECTION 5. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

SECTION 6. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 303 E B Street, Ontario, CA 91764. The custodian of records is the City Clerk.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 4th day of November 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
268

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
269
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE

CITY OF ONTARIO
Agenda Report
November 4, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt an Ordinance approving File No. PDCA25-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), and 6.0 (Development and Subdivision Regulations) of the City of Ontario Development Code.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: On October 21, 2025, the City Council introduced and waived further reading of the Development Code Amendment, File No. PDCA 25-002. The Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which states long-term principles, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens. Staff has initiated certain clarifications and revisions to the City of Ontario Development Code that are necessary to adjust and clarify various provisions of the Development Code. The proposed Development Code Amendment is included as Attachment A (Proposed Development Code Amendment), and is comprised of certain clarifications and revisions generally described as follows:

Revise Division 2.02, Table 2.02-1: Review Matrix for Fair Housing and Reasonable Accommodations. The proposed revision establishes the Planning Director as the approval authority for requests for accommodations under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA); however, the Zoning Administrator remains the approval authority for requests for fair housing accommodations. 270
Revise Division 4.03 – Ministerial (Administrative) Permits and Decisions to revise Section

4.03.060: Fair Housing and Reasonable Accommodations to include RLUIPA. Under RLUIPA, deviations or exceptions to the Development Code may be allowed if applying a regulation would substantially burden someone’s religious exercise, such as that of a person, religious assembly, or institution, unless the imposition of the burden is the least restrictive way to furthering a compelling governmental interest.

Amend Division 6.01 – District Standards and Guidelines, Table 6.01-8: Commercial Zoning District Development Standards to include table Note No. 6 identifying that development standards applicable to projects within the CCS (Convention Center Support Commercial) zoning district may be subject to the Minor Adjustments/Alterations process under Section

4.02.020(C) of this Development Code.

The proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended Ordinance. Any provisions proposed for deletion are shown in red strikeout text (Abcdefg) and all additions are shown in blue underlined text (Abcdefg).

In considering the Development Code Amendment at their meeting on September 23, 2025, the Planning Commission conducted a public hearing and voted 6-0 to recommend the City Council consider and approve File No. PDCA25-002, pursuant to the facts and reasons contained in the staff report and attached Ordinance.

ENVIRONMENTAL REVIEW: The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
271
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA25-002, A DEVELOPMENT

CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND
PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), AND 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS) OF THE CITY OF

ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN
SUPPORT THEREOF.

WHEREAS, THE CITY OF ONTARIO (Applicant) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA25-002 as described title of this Ordinance (hereinafter referred to as Application or Project); and WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario’s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) protects religious exercise by prohibiting land use regulations that substantially burden, discriminate against, or unreasonably limit religious assemblies or institutions, except where a compelling governmental interest is advanced through the least restrictive means; and
WHEREAS, the Ontario Development Code implements federal and state planning, zoning, subdivision, and environmental laws to guide orderly development of the City in a manner that promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its residents; and WHEREAS, Section 4.03.060 of the Ontario Development Code establishes procedures for reasonable accommodation to ensure compliance with fair housing laws and prevent discrimination on the basis of protected characteristics; and 272
WHEREAS, to strengthen compliance with state and federal law and provide clear guidance for the review and approval of applications, the City Council desires to amend its Development Code to expressly reference RLUIPA within its reasonable accommodation framework; and
WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:
(1) Revise Chapter 2.0: Administration and Procedures, Division 2.02, Table

2.02-1: Review Matrix, C. Ministerial (Administrative) Permits and Decisions for Fair Housing and Reasonable Accommodations. No. 5. Fair Housing and Reasonable Accommodations (Fair Housing Exemption) pertains to requests for Fair Housing requests reviewed by the Zoning Administrator, and the new No. 6. Fair Housing and Reasonable Accommodations (RLUIPA) pertains to requests reviewed by the Planning Director. (2) Revise Chapter 4.0: Permits, Actions, and Decisions, Division 4.03 – Ministerial (Administrative) Permits and Decisions to revise Section 4.03.060: Fair Housing and Reasonable Accommodations to include RLUIPA. (3) Revise Chapter 6.0: Development and Subdivision Regulations, Division

6.01 – District Standards and Guidelines, Table 6.01-8: Commercial Zoning District Development Standards to include table Note No. 6 that development standards applicable to projects within the CCS (Convention Center Support Commercial) zoning district may be subject to the Minor Adjustments/Alterations process under Section

4.02.020(C) of this Development Code; and
WHEREAS, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02-1 (Review Matrix) assigns the City Council the responsibility and authority to review and act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on September 23, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC25-026, recommending the City Council approve the Development Code Amendment; and WHEREAS, on October 21, 2025 the City Council of the City of Ontario conducted a public hearing on the Development Code Amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 273

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

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

SECTION 2: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Project, the City Council finds that based on the facts and information contained in the Application and supporting documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.

SECTION 3: Airport Land Use Compatibility Plan (ALUCP) Compliance.

The California State Aeronautics Act (Public Utilities Code Section 21670, et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. (1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) 274
and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and (2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, Chino Airport Land Use Compatibility Plan (CNO ALUCP). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decisionmaking body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan (TOP). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City’s economy and focuses City resources in commercial and residential neighborhoods.
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan. 275
SECTION 5: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described changes that comprise the Development Code Amendment, and which are attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 6: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East B Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 8. Effective Date. This Ordinance shall become effective 30 days following its adoption.

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

PASSED, APPROVED, AND ADOPTED this 4
th day of November 2025.
_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
276
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
277

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHELIA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. was duly introduced at a regular meeting of the City Council of the City of Ontario held on October 21, 2025, and adopted at the regular meeting held on November 4, 2025, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

SHELIA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the following is the original of Ordinance No. duly passed and adopted by the Ontario City Council at their regular meeting held on November 4, 2025, and that Summaries of the Ordinance were published on October 28, 2025, and November 11, 2025 in the Inland Valley Daily Bulletin newspaper.

SHELIA MAUTZ, CITY CLERK
(SEAL)
278
ATTACHMENT A:

File No. PDCA25-002
2025 Development Code Amendment No. 2
(Document to follow this page)
279
Chapter 2.0:

Administration and Procedures
Division 2.01—Planning Agency
Division 2.02—Application Filing and Processing
Division 2.03—Public Hearings
Division 2.04—Appeals
Division 2.05—City Initiated Modification or Revocation Division 2.06—Performance Guarantees
280
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281
Ontario Development Code Page 2.01-1 (Rev. 12.01.2020)
Division 2.01—Planning Agency
Sections:

2.01.000: Purpose

2.01.005: Applicability

2.01.010: City Council

2.01.015: Planning Commission

2.01.020: Historic Preservation Commission

2.01.025: Historic Preservation Subcommittee

2.01.030: Development Advisory Board

2.01.035: Zoning Administrator

2.01.000: Purpose
GC Section 65100 provides that each city and county establish a planning agency with the powers necessary to carry out the planning and zoning functions of the jurisdiction. The purpose of this Division is to identify and establish bodies, commissions, committees, positions, boards, and departments responsible for carrying out the powers and duties of the planning agency.

2.01.005: Applicability
The functions of the planning agency are hereby assigned to the following bodies, commissions, committees, positions, boards, and departments:

A. City Council;
B. Planning Commission;
C. Historic Preservation Commission;
D. Historic Preservation Subcommittee;
E. Development Advisory Board;
F. Zoning Administrator;
G. Planning Department.

2.01.010: City Council
A. Established. The City Council's establishment, membership, and operation are recognized by OMC Title 2 (Administration), Chapter 1 (City Council), commencing with Article 1, Section 2-

1.101.

B. Powers and Duties. The City Council shall have the authority to hear and decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code and shall 282
Division 2.01—Planning Agency
(Rev. 12.01.2020) Page 2.01-2 Ontario Development Code
have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions.

2.01.015: Planning Commission
A. Established. The Planning Commission's establishment, membership and operation are recognized by OMC Title 2 (Administration), Chapter 2 (Commissions and Boards), Article 3 (Planning Commission), commencing with OMC Section 2-2.301.

B. Powers and Duties. The Planning Commission shall have the authority to hear, recommend, and decide on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code. In addition, the Planning Commission shall have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning zoning, land use or development, made by an administrative or appointed official or body, such as the Planning Director, Zoning Administrator, or Development Advisory Board, pursuant to the provisions of this Development Code.

C. Meetings. The Planning Commission shall adopt rules as necessary to the conduct of its affairs and in keeping with the provisions of this Development Code. Meetings shall be held on a regular basis and open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, and shall keep records of its own examinations and other official actions, which shall be filed with the Planning Department.

2.01.020: Historic Preservation Commission
A. Established. Pursuant to the authority granted to municipalities by State Planning and Zoning Law, as established by GC Title 1, Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Commission.

B. Membership. The Historic Preservation Commission shall consist of the 7 standing members of the Planning Commission.

C. Powers and Duties. The Historic Preservation Commission shall have the following powers and duties:

1. Establish criteria for and conduct or cause to be conducted a comprehensive survey in conformance with state survey standards and guidelines of Historical Resources within the boundaries of the City, and publicize and periodically update the survey results;

2. The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;

3. Authority to act upon an appeal of any order, requirement, permit, decisions, or determination concerning Historic Resources under this Development Code, made by the Historic Preservation Subcommittee;
283
Division 2.01—Planning Agency
Ontario Development Code Page 2.01-3 (Rev. 12.01.2020)

4. Maintain a local register of Designated Historic Landmarks and Districts consistent with the National Register of Historic Places criteria, including all information required for each designation; and

5. Undertake any other action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Historic Preservation program.

D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Commission's jurisdiction and setting timeframes for such meetings.

2.01.025: Historic Preservation Subcommittee
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Subcommittee.

B. Membership. The Historic Preservation Subcommittee shall consist of 3 members of the Historic Preservation Commission, to be appointed pursuant to the Historic Preservation Commission rules and procedures.

C. Powers and Duties. The Historic Preservation Subcommittee shall have the following powers and duties:

1. The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;

2. The authority to review historic preservation work program, assist staff in any survey or historic research being conducted, and review of the City's list of Historical Resources; and

3. The authority to act upon appeals of administrative permits, decisions and actions concerning Historical Resources under this Development Code, made by any City Department.

D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Subcommittee's jurisdiction and setting timeframes for such meetings.

2.01.030: Development Advisory Board
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, a Development Advisory Board.

B. Membership. The Development Advisory Board shall include those representatives of certain City departments and/or agencies as established by resolution of the City Council.

C. Powers and Duties. The Development Advisory Board shall have the authority to hear, recommend and decide on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code.
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(Rev. 12.01.2020) Page 2.01-4 Ontario Development Code
D. Meetings. The Development Advisory Board shall adopt rules and regulations to govern the procedures at meetings within the Board's jurisdiction and to set a time for such meetings.

2.01.035: Zoning Administrator
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City, the position of Zoning Administrator.

B. Membership. The Zoning Administrator position shall be filled by the Planning Director or the Zoning Administrator's designee, who shall fill the position of Deputy Zoning Administrator.

C. Powers and Duties. The Zoning Administrator shall have the power and duty to review and make decisions on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code.

D. Meetings. The Zoning Administrator shall adopt rules and procedures governing meeting business, conduct, and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.
285
Ontario Development Code Page 2.02-1 (Rev. 08.19.202511.04.2025) Division 2.02—Application Filing and Processing
Sections:

2.02.000: Purpose

2.02.005: Applicability

2.02.010: Applications and Fees

2.02.015: Application Processing Procedures

2.02.020: Environmental Review

2.02.025: Time Limits and Extensions

2.02.030: Failure by Applicant to Complete Application Processing

2.02.035: Limitations on Application Refiling

2.02.040: Indemnification

2.02.000: Purpose
The purpose of this Division is to establish procedures and requirements for the preparation, filing and processing of applications for permits, amendments, and approvals stipulated by this Development Code.

2.02.005: Applicability
Table 2.02-1 (Review Matrix), below, establishes the recommending, approving, and appeal authorities for all permits, amendments, and approvals stipulated by this Development Code. The symbols used within the Table have the following meanings:

R = Advisory (Recommending) Authority
X = Approving Authority
A = Appeal Authority
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
A. LEGISLATIVE ACTIONS

1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
R X

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
R X
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(Rev. 08.19.202511.04.2025) Page 2.02-2 Ontario Development Code Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

3. Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
R X

4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:

ODC Section 4.01.025)
R X

5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
R X

6. Specific Plans and Amendments [1][12]
(Ref: ODC Section 4.01.035)
R X

7. Williamson Act Contract Cancellations [1]
(Ref: GC Section 51200, et seq.)
R X

8. Zone Changes [1] (Ref: ODC Section

4.01.040)
R X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Billboard Relocation Agreements [1] (Ref:

ODC Section 4.02.010)
R X

2. Conditional Use Permits (Ref: ODC
Section 4.02.015)
a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]
R X A
c. Use established within an existing
structure [1]
X A A
d. Modification or revocation per ODC
Division 2.05 (City Initiated Modification or
Revocation) [1]
X A
e. Revocation due to abandonment of
use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]
X A A

3. Density Bonus and Other Incentives [1]
(Ref: ODC Section 6.01.010.H)
R X

4. Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)
a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
R X A
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Ontario Development Code Page 2.02-3 (Rev. 08.19.202511.04.2025) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X A A
c. Industrial developments equal to or
less than 0.45 FAR
X A A
d. Industrial developments exceeding

0.45 FAR
R X A
e. Wireless telecommunications
facilities pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this
Development Code
(1) Tier 2 facilities X A A
(2) Tier 3 facilities [2] X A A
f. All others X A A

5. Extensions of Legal Nonconforming Status
[1] (Ref: ODC Section 4.02.030)
X A A

6. Historic Preservation
a. Certificates of Appropriateness (Ref:

ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement
Structure [1]
R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X A A
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Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:

ODC Section 4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC
Section 4.02.065)
R R X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section

4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.

X A A
(2) Loss of all historic and/or cultural
significance due to a catastrophe causing a loss
of integrity, or due to extensive legally performed
alterations performed after the property was
initially surveyed.

X A A

7. Master Plans and Amendments [1] (Ref:

ODC Section 4.02.070)
R X

8. Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)
X A A

9. Nonconforming Structure Reconstruction
[1] (Ref: ODC Section 3.01.020)
X A

10. Parking Reduction (Ref: ODC Section

6.03.025)
X A

11. Sign Programs (Ref: ODC Section

4.02.075)
X A A

12. Specific Plan Minor
Adjustments/Alterations [12] (Ref: ODC Section

4.02.080)
X A A

13. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]

14. Subdivisions
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Ontario Development Code Page 2.02-5 (Rev. 08.19.202511.04.2025) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
a. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
b. Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
c. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A

15. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X A A

16. Variances (Ref: ODC Section 4.02.020.D)
a. Homeowner [1] X A A
b. Other [1] R X A
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND DECISIONS

1. Historic Preservation – Adaptive Reuse
Plans (Ref: ODC Section 4.03.010)
X X X

2. Administrative Exceptions (Ref: ODC
Section 4.03.050)
X A A

3. Administrative Use Permits (Ref: ODC
Section 4.03.015)
X

4. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 Zoning
Compliance)
X A A

5. Development Plans within the ONT zoning
district (Ref: ODC Section 4.02.025)
X A A

6. Density Bonus [10][13] (Ref: ODC Section

6.01.010.H.3.b)
X A A

7. Fair Housing and Reasonable
Accommodation (Fair Housing Exemption) (Ref:

ODC Section 4.02.0354.03.060)
X A A

8. Fair Housing and Reasonable
Accommodation (RLUIPA) (Ref: ODC Section

4.03.060)
X A A

8.9. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X A A

9.10.Landscape and Irrigation Plans (Ref:

ODC Section 6.05.005)
X A A

10.11. Off-Site (Public) Improvement Plans
(Ref: ODC Section 6.08.040)
X A A
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Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

11.12. ONT ALUCP Interagency Review [7]
(Ref: ONT ALUCP)
X A[8]

12.13. Other Plan Checks and actions
required by this Development Code
X A A

13.14. Shopping Cart Retention Plans (Ref:

ODC Section 6.11.020)
X A A

14.15. Sign Plans (Ref: ODC Section

4.03.020)
X A A

15.16. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X A A

16.17. Subdivisions
a. Certificates of Compliance (Ref:

ODC Section 4.03.025)
X A A
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X A A
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X A A
e. Street Address Numbering (Ref: ODC
Section 6.06.010)
X A A
f. Street Name Assignment (Ref: ODC
Section 6.06.010)
X A A
g. Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X A A
h. Urban Lot Split (Ref: ODC Section

6.08.060)
X A A
i. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X A A

17.18. Tier 1 wireless
telecommunications facility pursuant to ODC
Section 5.03.420 (Wireless Telecommunications
Facilities)
X A A

18.19. Wall, Fence, and Obstructions
Plans not associated with a Development Plan
(Ref: ODC Section 6.02.005)
X A A
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS
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Ontario Development Code Page 2.02-7 (Rev. 08.19.202511.04.2025) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

1. Environmental Impact Reports (EIRs) (Ref:

CCR Section 15080, et seq.)
X[3] X[3]

2. Exempt Projects (Ref: CCR Section 15300,
et seq.)
X[3] X[3] X[3] X[3] X[3] A A

3. Ministerial Projects (Ref: CCR Section
15268)
Ministerial projects are exempt from the requirements of CEQA [10]

4. Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:

CCR Section 15070, et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]

5. Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X[3] X[3] X[3] X[3] X[3] X[3]

6. Environmental review for projects
located within the ONT zoning district [9]
X
Notes:
[1] A public hearing is required pursuant to the procedures set forth in Division 2.03 (Public Hearings) of this Development Code; however, public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [2] The Approving Authority may refer any application subject to their review to the next higher authority (Appeal Authority).
[3] The Approving Authority for environmental determinations/actions shall be the same as the related legislative or discretionary actions. NDs and MNDs, and Addendums to previously certified EIRs, and previously adopted NDs or MNDs, which are not associated with, or are independent of, legislative or discretionary actions, shall be subject to Development Advisory Board review and adoption. EIRs that are not associated with, or are independent of, legislative or discretionary actions shall be subject to Planning Commission review and certification. [4] An application submitted for concurrent review and action with another application, action or decision requiring review and action by a higher Reviewing Authority may be subject to concurrent review and action by that higher Reviewing Authority upon their request.
[5] The Approving Authority responsible for issuing a "Stay of Permit Approval Time Limit" pursuant to Section 2.02.025 (Projects Involving Pending Litigation) of the Development Code, shall be the same as for the related application, action, or decision.
[6] An appeal of an Historic Preservation—Certificate of Appropriateness—Waiver shall be considered by the Historic Preservation Subcommittee, except that an Historic Preservation—Waiver for an Historic Landmark shall be considered by the Historic Preservation Commission.
[7] Refer to the ONT ALUCP for procedures for application processing and administration, and appeals processing. [8] Appeal shall be subject to review by the Mediation Board established pursuant to ALUCP Section 4. [9] Pursuant to the Joint Powers Authority agreement between the City of Ontario and the County of San Bernardino, the Ontario International Airport Authority shall be the lead agency. [10] Ministerial projects are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the CEQA Guidelines. The following projects or actions shall be deemed ministerial:
 Administrative Exceptions;
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(Rev. 08.19.202511.04.2025) Page 2.02-8 Ontario Development Code  Administrative Use Permit issuance;
 ALUCP inter agency reviews;
 Building permit issuance;
 Business license issuance;
 Density Bonus, without related discretionary applications;  Encroachment permit issuance;
 Final subdivision map approval;
 Individual utility service connection and disconnection approval;  Landscape and irrigation plan approval;
 Lot Line Adjustment approval;
 Public improvement plan approval;
 Shopping cart retention plan approval;
 Sign Plan approval;
 Single-Family Two-Unit Developments;
 Street address number issuance;
 Subdivision Improvement Agreement approval;
 Subdivision map corrections and amendments approval;
 Temporary Use Permit issuance;
 Tier 1 wireless telecommunications facility approval;  Urban Lot Splits; and
 Wall and/or fence plan approval.
[11] Applications that do not require a public Hearing pursuant to Note 1, above, may be reviewed and acted upon under the "Consent Calendar" portion of the Approving Authority meeting agenda. [12] Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions).
[13] A request for a density bonus, in and of itself, shall not require a General Plan Amendment, Zone Change, Development Agreement, or other discretionary approval (Ref: ODC 6.01.010.H.3.b.).

2.02.010: Applications and Fees
A. Application filing.

1. An application for a permit, permit modification, amendment, or any other matters pertaining to this Development Code shall be filed with the City, on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the application.

2. An application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code, or their agent(s).

3. A project requiring the filing of more than one land use or entitlement permit application shall, to the extent possible, be filed with all related applications for concurrent review and action by the highest required Reviewing Authority, except that an Administrative Exception application filed in conjunction with a Development Plan shall require separate review and action by the appropriate Reviewing Authority.

B. Filing Fees.

1. The City Council may establish by resolution, a schedule of fees for permits, amendments, inspections, licenses, services, and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the City Council. 293
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Ontario Development Code Page 2.02-9 (Rev. 08.19.202511.04.2025)

2. Application review and action shall not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits shall be deemed incomplete for filing and further processing and shall be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully cover all City processing costs.

C. Refunds and Withdrawals.

1. The refund of filing fees in response to the denial of an application shall be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications.

2. An applicant wishing to withdraw their application may do so by written request to the Planning Director at any time prior to action by the Approving Authority.

3. Upon receipt of a request for application withdrawal, the Planning Director may order the refund of all or part of the filing fees, based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.

2.02.015: Application Processing Procedures
This section is intended to provide general procedures for the processing of applications for legislative actions, discretionary permits and actions, and ministerial permits and decisions filed pursuant Table 2.02-1 (Review Matrix) of this Division.

A. Legislative Actions. The Advisory and Approving Authorities for legislative actions are established by Table 2.02-1 (Review Matrix) of this Division. Unless otherwise stipulated by Division

4.01 (Legislative Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a legislative action is as follows:

1. Initial Review for Application Completeness. Legislative actions shall be initially reviewed for application completeness and acceptance, as follows:
a. Review for Application Completeness.
(1) Following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. (2) If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the City in response to the list and description, which shall be reviewed pursuant to Subparagraph A.1.a(1), above.
(3) If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
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(Rev. 08.19.202511.04.2025) Page 2.02-10 Ontario Development Code (4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs A.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the Planning Department may require in order to take final action on the application.
(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph A.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3) The provisions of this Section shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).

2. Investigation and Report.
a. Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shall prepare a written report, which shall be transmitted to the appropriate Reviewing Authority. b. The Planning Department's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority. c. During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.

3. Public Hearings.
a. The Advisory and Approving Authorities established by Table 2.02-1 (Review Matrix), shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code. b. The Planning Department's written report, prepared pursuant to Subparagraphs A.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.

4. Advisory Authority Review and Recommendation. The procedure for review and recommendation on a legislative action by an Advisory Authority is as follows:
295
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Ontario Development Code Page 2.02-11 (Rev. 08.19.202511.04.2025) a. The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.
b. The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered.

5. Approving Authority Review and Action. The procedure for review and action on a legislative action by the Approving Authority is as follows:
a. Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application. b. The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.01 (Legislative Actions) of this Development Code. There shall be no time limit within which the Approving Authority must act on a legislative action.
c. The Approving Authority's action shall be final and conclusive.

6. Effective Date of Approving Authority Action. A legislative approval granted by resolution is effective immediately upon adoption of the numbered resolution by the City Council.

A legislative approval granted by ordinance is effective 30 days following the date of adoption of the ordinance by the Approving Authority.

B. Discretionary Permits and Actions. The Advisory, Approving, and Appeal Authorities for discretionary permits and actions are established by Table 2.02-1 (Review Matrix) of this Division.

Unless otherwise stipulated by Division 4.02 (Discretionary Permits and Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a discretionary permit or action is as follows:

1. Initial Review for Application Completeness. Applications requesting discretionary permits and/or actions shall be initially reviewed for application completeness and acceptance, as follows:
a. Review for Application Completeness.
(1) Within 30 days following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.
(2) If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the Planning Department in response to the list and description, which shall be reviewed pursuant to Subparagraph B.1.a(1), above.
296
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(Rev. 08.19.202511.04.2025) Page 2.02-12 Ontario Development Code (3) If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs B.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the City may require in order to facilitate final action on the application.
(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph B.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3) The provisions of this Subsection shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).

3. Public Hearings.
a. The Advisory, Approving and Appeal Authorities established by Table 2.02- 1 (Review Matrix), and which require a public hearing pursuant to the Review Matrix, shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code. 297
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-13 (Rev. 08.19.202511.04.2025) b. The Planning Department's written report, prepared pursuant to Subparagraphs B.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.

4. Advisory Authority Review and Recommendation. If required pursuant to Table

2.02-1 (Review Matrix), the procedure for review and recommendation on a discretionary permit or action by an Advisory Authority is as follows:
a. The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.
b. The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered. c. In instances where review and recommendation by more than one Advisory Authority is required, the initial Advisory Authority shall forward its recommendation whether to approve, approve in modified form, or deny an application to the subsequent Advisory Authority within 30 days following the date its decision was rendered. The 30-day time limit may be extended by mutual agreement of the applicant and City.

5. Approving Authority Review and Action. The procedure for review and action on a discretionary permit or action by an Approving Authority is as follows:
a. Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application, and may impose reasonable conditions to the approval of an application. b. The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.02 (Discretionary Permits and Actions) of this Development Code. A discretionary permit or action shall be acted upon within the timeframes specified by GC Section 65950, 65950.1, 65951, and 65952, except that Tentative Subdivision Maps shall be acted upon within the timeframes specified by GC Section 66452.1.
c. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.

6. Effective Date of Approving Authority Action. A discretionary permit or action shall become effective on the City business day following Approving Authority action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action; in which case, the effective date of the discretionary permit or action shall be governed by Paragraph A.6 (Effective Date of Approving Authority Action) of this Section. The Approving Authority's action to approve, approve in modified form, or deny a discretionary permit or action shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.

C. Ministerial Permits and Decisions. The Advisory, Approving and Appeal Authorities for ministerial permits and decisions are established by Table 2.02-1 (Review Matrix) of this Division.

Unless otherwise stipulated by Division 4.03 (Ministerial Permits and Decisions) of this Development 298
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(Rev. 08.19.202511.04.2025) Page 2.02-14 Ontario Development Code Code, the procedure for reviewing and acting upon an application requiring a ministerial permit or decision is as follows:

1. Initial Review for Application Completeness. Applications requesting ministerial permits and/or decisions shall be initially reviewed for completeness and acceptance, as follows:
a. Review for Application Completeness.
(1) Within 30 days following receipt of an application filed in compliance with this Division, the City shall review the application and determine, in writing, whether the application is complete for further processing, and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall automatically be deemed complete for further processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.
(2) If an application is determined to be incomplete for processing, the City shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the responsible City department in response to the list and description, which shall be reviewed pursuant to Subparagraph C.1.a(1), above.
(3) If an application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs C.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the responsible City department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.

This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the responsible City department may require in order to facilitate final action on the application.
(2) Prior to accepting an application as complete for processing, the responsible City department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph C.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3) The provisions of this Subsection shall not be construed as limiting the ability of the responsible City department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
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Ontario Development Code Page 2.02-15 (Rev. 08.19.202511.04.2025)

2. Investigation. Following acceptance of an application as complete for processing, the responsible City department shall investigate the facts bearing on the application and provide the information necessary for action or determination, consistent with this Development Code and The Ontario Plan, which shall be reported to the Approving Authority.

3. Review and Action.
a. The Approving Authority shall review the application and shall then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
b. The Approving Authority shall act on a ministerial approval request within 60 days following acceptance of an application as complete for processing pursuant to Paragraph C.1 (Initial Review for Application Completeness), above. The 60-day time limit may be extended by mutual agreement of the applicant and City.

4. Effective Date of Approving Authority Action. A ministerial permit or action shall become effective immediately upon Approving Authority action. An Approving Authority action to approve or deny a ministerial permit or decision shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.

2.02.020: Environmental Review
A. Purpose. The purpose of this Section is to assist the City in accomplishing the basic objectives of CEQA, as follows:

1. Enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian;

2. Provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project;

3. Provide an analysis of the environmental effects of future actions associated with a project in order to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project;

4. Identify ways that environmental damage can be avoided or significantly reduced;

5. Prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and

6. Provide full public disclosure of the City's basis for project approval in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency's activities. The involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency. 300
Division 2.02— Application Filing and Processing
(Rev. 08.19.202511.04.2025) Page 2.02-16 Ontario Development Code B. Applicability. The provisions of this division shall apply to any activity of the City that is determined to be a "project" pursuant CEQA (PRC Section 21000 through Section 21178) and the CEQA Guidelines (CCR Section 15000 through Section 15387).

C. CEQA Implementation. Local guidelines for the implementation of CEQA shall be adopted by Resolution of the City Council. The guidelines may be changed or modified only by resolution of the City Council.

D. Environmental Review. The City of Ontario shall conduct an environmental review of any activity within the City that constitutes a "project" pursuant CEQA, the CEQA Guidelines and the City's local guidelines for the implementation of CEQA. Depending upon the nature and scope of a "project," it may be found to be exempt from further environmental review, or a negative declaration, mitigated negative declaration or environmental impact report may be required to be completed. Negative declarations, mitigated negative declarations, and environmental impact reports shall be prepared pursuant to the requirements of CEQA and the implementing guidelines, and the City's local guidelines for the implementation of CEQA.

2.02.025: Time Limits and Extensions
A. Time Limits. Discretionary permits/actions granted pursuant to this Division shall become invalid if not exercised within the below-listed timeframes:

1. Generally. Unless otherwise stipulated by the conditions of approval, a discretionary permit/action shall become invalid if not exercised within 12 months following the effective date of application approval, except as specified in Paragraphs A.2 through A.6, below, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.

2. Development Plan. Unless otherwise stipulated by the conditions of approval, a Development Plan shall become invalid if not exercised within 24 months following the effective date of application approval, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.

3. Tentative Subdivision Map. A Tentative Tract or Parcel Map shall become invalid if not exercised within the time limits specified by GC Section 66452.6.

4. Vesting Tentative Maps.
a. A vesting tentative map shall become invalid if not exercised within the time limits specified by Paragraph A.3 (Tentative Subdivision Map), above. b. If a final tract map is approved prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final tract map area shall last for the periods listed below:
(1) An initial period of 12 months following recordation of the final tract map. Where several final tract maps are recorded on phases of a project covered by a single vesting tentative map, the 12-month period for each final tract map shall begin on the date of recordation of that final tract map;
(2) The initial period set forth in Subparagraph A.4.b.(1), above, shall be automatically extended by any time used by the City for processing a complete application for 301
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-17 (Rev. 08.19.202511.04.2025) a grading permit or for design or architectural review, if such processing exceeds 30 days; provided, that the extension shall only be for the number of days in excess of 30 days; and (3) If during the 24-month period following approval of a final tract map or parcel map, the City receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the tentative map shall continue until the expiration of the building permit.

5. Expiration of Vesting Development Rights. Vesting development rights shall expire if a final map is not filed for approval prior to the expiration of the vesting tentative map, as provided in Paragraph A.6 (Vesting Tentative Maps) of this Section. If the final map is approved, these rights shall last for the following time periods, extending beyond the recording of the final map:
a. An initial period of 12 months, except that where several final maps are recorded for various project phases of a single vesting tentative tract map, this initial time period shall begin with each phase, when the final map for that phase is recorded; b. The initial time period set forth in Subparagraph A.6.b(1) of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds 30 days from the date a complete application is filed;
c. A subdivider may apply for a 12-month extension at any time before the initial expiration date for map approval; and
d. If the subdivider submits a complete application for a building permit during the time periods specified in Subparagraphs A.5.a through A.5.c, above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

6. Certificate of Appropriateness. A Certificate of Appropriateness granted pursuant to this Division shall become invalid if not exercised within the time limit specified by the conditions of approval, or within 24 months if no time limit has been specified.

7. Phased Projects.
a. Wherein a project involves the construction of multiple phases over an extended period, and the conditions of approval do not specify a time limit differing from Paragraphs A.2 through A.5, above, the portion of entitlement applicable to a particular phase shall be deemed exercised through the issuance of a building permit for that phase. The remainder of the entitlement related to further construction shall expire 12 months following building permit expiration, final building inspection, or Certificate of Occupancy issuance for the previous construction phase, unless extended pursuant to Subsection B, below. b. A building permit may be issued for a subsequent phase if no more than 12 months have lapsed since a Certificate of Occupancy was issued for the previous phase and the applicant is diligently pursuing the project toward completion. However, if more than 12 months have lapsed since Certificate of Occupancy issuance or final inspection has occurred for the previous phase, and the entitlement was not extended pursuant to Subsection B, below, the entitlement granting the construction of any subsequent phases shall be deemed invalid and no 302
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(Rev. 08.19.202511.04.2025) Page 2.02-18 Ontario Development Code further building permits shall not be issued, unless a time extension is granted pursuant to Section

2.02.025 (Time Limits and Extensions) of this Division.

8. Projects Involving Pending Litigation. The time limits specified in Paragraphs A.1 through A.5, above, including any time extension granted pursuant to Subsection B, below, shall not include the period of time during which a lawsuit involving the approval or conditional approval of a discretionary permit is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Approving Authority pursuant to this Division. After service of the initial petition or complaint in the lawsuit upon the City, the applicant, or property owner if different from the applicant, may apply to the local agency for a Stay of Permit Approval Time Limit. Within 40 days after receiving the application, the Review Authority may stay the time limit for up to 5 years.

9. Definition. For the purposes of this Section, the term "exercised" shall mean the following:
a. The applicant, or property owner if different from the applicant, has completed or fulfilled all conditions of approval imposed upon the permit or action by the Approving Authority; and
b. In the case of permits or actions pertaining to a development project approval, a Building Permit shall have been issued and construction shall have been diligently pursued toward project completion. In the case of permits or actions pertaining to a land use approval, the approved use shall have commenced. In the case of a Merger of Contiguous Parcels, Reversion to Acreage, or Tentative Subdivision Map, the Merger, Reversion, or Final Subdivision Map shall have been recorded at the office of the San Bernardino County Recorder.

B. Time Extensions. The time limits within which a discretionary permit or action must be exercised, may be extended as follows:

1. Project Applicant or Property Owner Requested Time Extension. a. The project applicant, or property owner if different from the applicant, may file a Time Extension request, together with any required filing fees, with the City (Planning Department or Engineering Department, as applicable) prior to the expiration date of an approved discretionary permit or action.
b. Upon the submittal of a Time Extension request, the affected discretionary permit or action shall be granted an automatic 90-day time extension to allow sufficient time for application processing.

2. An extension of the expiration date for an approved discretionary permit or action shall be acted upon as follows:
a. The Approving Authority may grant a Time Extension upon determination of the following:
(1) Each of the findings and conditions of the original approval are still applicable to the project and there are no changed circumstances; (2) The Time Extension will not adversely affect the public health, safety, or welfare; and
303
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Ontario Development Code Page 2.02-19 (Rev. 08.19.202511.04.2025) (3) There has been diligent pursuit to exercise the permit or action for which an extension is being requested.
b. The burden of proof shall lie with the permittee to establish with substantial evidence that the approval for which the Time Extension is requested should not be allowed to expire. If the Approving Authority determines that the permittee has good-faith intent to commence with the proposed project, the Approving Authority may grant a Time Extension. c. A discretionary permit or action may be granted Time Extensions in oneyear increments, not to exceed a total of three, one-year time extensions, excepting tentative subdivision maps, which shall be subject to the provisions of GC Section 66452.6.

3. Blanket Time Extensions Granted by the City Council. a. In addition to the Time Extensions allowed pursuant to Paragraph B.1 of this Section, the City Council may, by resolution, grant time extensions for discretionary permits and actions, as identified in Table 2.02-1 (Review Matrix) of this Division, to benefit homeowners, developers, landowners, and business owners within the City that may be negatively affected by economic slowdown/downturn or recession.
b. A blanket time extension shall be applicable only to those permits and actions that have not expired prior to the date that the Time Extension is granted.

2.02.030: Failure by Applicant to Complete Application Processing A. Within 180 days following a written request by the City for plan changes, corrections, revisions, or the submittal of additional information, an application shall be deemed withdrawn if the Planning Director determines that the applicant has not made reasonable progress toward providing necessary plan changes or corrections, or additional information. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials required for any project on the same site.

B. Upon written request of the applicant, the Planning Director may order the refund of all or a portion of filing fees pursuant to Section 2.02.010.C (Refunds and Withdrawals) of this Division.

2.02.035: Limitations on Application Refiling
A final action denying an application shall prohibit the further filing of the same or a substantially similar application for a period of not less than 12 months following the date of application denial, except that an application denied without prejudice may be resubmitted within the 12-month period following application denial.

2.02.040: Indemnification
It shall be a condition of any application approved pursuant to this Division, or any approval or certification required pursuant to CEQA or the CEQA Guidelines, that a property owner or 304
Division 2.02— Application Filing and Processing
(Rev. 08.19.202511.04.2025) Page 2.02-20 Ontario Development Code applicant, if different from the property owner, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees:

A. From any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees, to attack, set aside, void, or annul the City's decision to approve any development, land use permit, and/or approvals and certifications under CEQA, but excluding any subdivision approval governed by GC Section 66474.9. This indemnification shall include, but not be limited to, damages, fees, and/or costs awarded against the City, if any, and the cost of any suit, attorney's fees, and/or other costs, liabilities, and expenses incurred in connection with a lawsuit, whether incurred by the applicant, the City, and/or the parties initiating or bringing a lawsuit;
B. For all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as, but not limited to, a negative declaration, mitigated negative declaration, environmental impact report, general plan amendment, specific plan, or specific plan amendment), if made necessary by a lawsuit and if the applicant desires to pursue securing approvals that are condition of application approval, after initiation of a lawsuit; and
C. For all costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in Subsections A and B of this Section. 305
Ontario Development Code Page 2.03-1 (Rev. 08.19.2025)
Division 2.03—Public Hearings
Sections:

2.03.000: Purpose

2.03.005: Applicability

2.03.010: Public Hearing Notices

2.03.015: Public Hearing Procedures

2.03.020: Request for Notification

2.03.025: Failure to Receive a Public Notice

2.03.030: Cemeteries

2.03.000: Purpose
The purpose of this Division is to implement GC Division 1, Chapter 2.7 (commencing with GC Section 65090), which governs public hearing and notification procedures for consideration of legislative actions, discretionary land use and development entitlements, and discretionary administrative actions. Public hearings are not required for nondiscretionary administrative permits, decisions, and actions; however, public notice may be required pursuant to this Division.

2.03.005: Applicability
A. A public hearing for a legislative action, land use or development entitlement, or any other matters pertaining to this Development Code requiring a public hearing pursuant to GC Division 1, Chapter 2.7 (commencing with GC Section 65090), shall be scheduled and heard in accordance with the provisions of this Division.

B. Public hearing notification for legislative actions, land use or development entitlements, or administrative permits, decisions, or actions shall be provided in the manner prescribed by Table

2.03-1 (Notification Matrix), below.

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
A. LEGISLATIVE ACTIONS

1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
X X X

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X
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(Rev. 08.19.2025) Page 2.03-2 Ontario Development Code
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

3. Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
X

4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:

ODC Section 4.01.025)
X X X

5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
X X X

6. Specific Plans and Amendments [1] (Ref:

ODC Section 4.01.035)
X X X

7. Williamson Act Contract Cancellations
[1] (Ref: GC Section 51200, et seq.)
X X X

8. Zone Changes [1] (Ref: ODC Section

4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Billboard Relocation Agreements [1]
(Ref: ODC Section 4.02.010)
X

2. Conditional Use Permits (Ref: ODC
Section 4.02.015)
a. Hotels, Motels and Residence Inns
[1]
X X
b. Use established in conjunction with
a Development Plan [1]
X X
c. Use established within an existing
structure [1]
X X
d. Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
e. Revocation due to abandonment
of use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]
X X

3. Density Bonus and Other Incentives (Ref:

ODC Section 6.01.010.H) [1]
X X

4. Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)
a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
X
307
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Ontario Development Code Page 2.03-3 (Rev. 08.19.2025)
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X
c. Industrial developments equal to or
less than 0.45 FAR
X
d. Industrial developments exceeding

0.45 FAR
X
e. Wireless telecommunications
facilities pursuant to Section 5.03.420 (Wireless
Telecommunications Facilities) of this
Development Code
(1) Tier 2 facilities X
(2) Tier 3 facilities X
f. All others X

5. Extensions of Legal Nonconforming
Status [1] (Ref: ODC Section 4.02.030)
X X

6. Historic Preservation
a. Certificates of Appropriateness
(Ref: ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement
Structure [1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor
Improvements
X
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X
308
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(Rev. 08.19.2025) Page 2.03-4 Ontario Development Code
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:

ODC Section 4.02.045)
X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
X
h. Mills Act Cancellations [1] X X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section

4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.

X
(2) Loss of all historic and/or
cultural significance due to a catastrophe
causing a loss of integrity, or due to extensive
legally performed alterations performed after the
property was initially surveyed.

7. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X

8. Master Plans and Amendments [1] (Ref:

ODC Section 4.02.070)
X X X

9. Minor Adjustments/Alterations [4] (Ref:

ODC Section 4.02.020.C)
X[5] X

10. Nonconforming Structure
Reconstruction [1] (Ref: ODC Section 3.01.020)
X X

11. Parking Reduction (Ref: ODC Section

6.03.025)
X

12. Sign Programs (Ref: ODC Section

4.02.075)
X

13. Specific Plan Minor Amendments (Ref:

ODC Section 4.02.080)
X

14. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X
309
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Ontario Development Code Page 2.03-5 (Rev. 08.19.2025)
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

15. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X X
b. Reversions to Acreage [1] (Ref:

ODC Section 4.02.090)
X X
c. Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
X X
d. Tentative Tract and Parcel Map
Time Extensions (Ref: ODC Section 2.02.025.A.3 &
4)
X

16. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X

17. Variances (Ref: ODC Section 4.02.020.E)
a. Homeowner [1] X X
b. Other [1] X X
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND DECISIONS

1. Administrative Exceptions (Ref: ODC
Section 4.03.050.C)
X

2. Administrative Use Permit (Ref: ODC
Section 4.02.015)
X

3. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 Zoning
Compliance)
X

4. Development Plans within the ONT
zoning district (Ref: ODC Section 4.02.025)
X

5. Fair Housing and Reasonable
Accommodation (Ref: ODC Section 4.02.035)
X

6. Landscape and Irrigation
Documentation Plans (Ref: ODC Section 6.05.015)
X

7. Off-Site (Public) Improvement Plans (Ref:

ODC Section 6.08.040)
X

8. ONT ALUCP Interagency Reviews [3]
(Ref: ONT ALUCP)
X

9. Other Plan Checks and actions required
by this Development Code
X
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Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

10. Shopping Cart Retention Plans (Ref:

ODC Section 6.11.020)
X

11. Sign Plans (Ref: ODC Section 4.03.020) X

12. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X

13. Subdivisions
a. Certificates of Compliance (Ref:

ODC Section 4.03.025)
X
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X
e. Street Address Numbering (Ref:

ODC Section6.06.010)
X
f. Street Name Assignment (Ref: ODC
Section 6.06.010)
X
g. Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X
h. Urban Lot Splits (Ref: ODC Section

8.08.060)
X

14. Tier 1 wireless telecommunications
facility pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X

15. Walls, Fences, and Other Obstructions
Plans not associated with a Development Plan
(Ref: ODC Section 6.02.005)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

1. Environmental Impact Reports (EIRs)
(Ref: CCR Section 15080, et seq.)
X X X

2. Exempt Projects (Ref: CCR Section
15300, et seq.)
X

3. Ministerial Projects (Ref: CCR Section
15268)
X
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Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

4. Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:

CCR Section 15070, et seq.)
X

5. Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X
Notes:
[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [3] Refer to the Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) for procedures for application processing and administration, and appeals processing.
[4] A Minor Adjustment/Alteration shall require notification pursuant to Paragraph 4.02.020.C.3 (Application Filing, Processing and Hearing) of this Development Code.
[5] Publication or posting of a legal notice is required only if a public hearing is requested by the applicant, an abutting property owner, or other affected person or entity.

2.03.010: Public Hearing Notification
A. Public Hearing Notice Minimum Information. Public hearing notices shall contain the following minimum information:

1. A general description, in text or by diagram, of the location of the real property that is the subject of the hearing;

2. Time, place, and location of the public hearing;

3. A general description of the matter to be considered;

4. A statement indicating that additional application materials and documentation are on file with the City of Ontario and where such additional project information may be viewed or obtained;

5. A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing; and

6. The identity of the hearing body or officer.
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B. Notices for Public Hearings Conducted by the City Council. A notice for a public hearing conducted by the City Council shall not be published, mailed, delivered, or posted in advance of a public hearing conducted by the Planning Commission pursuant to Table 2.02-1 (Review Matrix) of this Development Code, as the public hearing notice shall include the recommendation of the Planning Commission.

C. Public Notification Required 10 Days in Advance of any Public Hearing. Public hearing notification shall be provided a minimum of 10 days in advance of any public hearing (20 days if a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property) and shall be provided by one or more of the following methods, as necessary:

1. First Class Mail or Delivery. First Class Mail or delivery shall be provided to:
a. Any person filing a request to the Planning Department to receive such notices; and
b. All owners of real property located within the specified minimum exterior boundaries of the property that is the subject of the hearing, as shown on the last equalized assessment roll, or records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll, except that:
(1) For Minor Variances, the area of notification shall include all properties having a property line common with the affected property; (2) For discretionary applications, the area of notification shall be within 300 FT of the exterior boundaries of the property that is the subject of the hearing; (3) For wireless telecommunications facilities located 500 FT or less from residentially zoned property, the area of notification shall be within 500 FT of the exterior boundaries of the property that is the subject of the hearing; and (4) For legislative applications, the area of notification shall be within 600 FT of the exterior boundaries of the property that is the subject of the hearing. c. The owner's duly authorized agent, if any; and
d. The project applicant; and
e. Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to CC Section 883.230; and f. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

2. Number of Owners Requiring Public Hearing Notification Is Greater Than 1,000. If the number of owners to whom notice would be mailed or delivered pursuant to Subparagraph C.1.b of this Section, is greater than 1,000, in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page may be placed in at least one newspaper of general circulation within the City of Ontario.
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3. Public Hearing Notice Publication. If notice is mailed or delivered pursuant to Subparagraph C.1.b of this Section, notice shall also be published in at least one newspaper of general circulation in the City or, if there is no such newspaper of general circulation, the notice shall be posted in at least 3 public places within the boundaries of the City, including the subject site.

4. Supplemental Public Noticing Requirements — Posting. a. In addition to the requirements of paragraphs C.1 through C.3, above, supplemental public notice shall be provided, which consists of one or more large public notification signs consisting of a 6-foot-tall freestanding sign, having a sign face measuring 4 feet tall by 8 feet wide, which shall be posted on the project site for development related projects meeting any of the following criteria:
(1) The proposed project is planned to be developed at a higher density or intensity than the existing surrounding neighborhood; and/or (2) The proposed project requires a General Plan Amendment, Specific Plan Amendment, or Zone Change; and/or
(3) The proposed project requires the preparation of an environmental impact report; and/or
(4) The Planning Director has determined that supplemental public notice is necessary and desirable based on the nature of the proposed project. For large projects, the planning director may determine that more than one sign is necessary. b. A cash deposit is required in an amount adopted by resolution of the City Council, to ensure compliance with the supplemental notification requirements, including maintenance and removal of the large notification sign. c. In order to implement the large public notification signs as an effective form of public notification, the following rules and standards shall apply:
(1) Large public notification signs shall be constructed and installed pursuant to the specifications established and published by the Planning Director. (2) Large public notification signs shall be posted at each of the project site’s street-facing corners and a logical midpoint of each street frontage, unless otherwise directed by the Planning Director. Sign locations shall be approved by the Planning Director in conjunction with a Sign Plan for a temporary sign issued pursuant to the requirements of Division

8.01 (Sign Regulations) of this Development Code.
(3) The fabrication and installation of a large public notification sign shall be the responsibility of the project applicant. Once the project application is deemed complete and all notification signs installed per city standards, the proposed project will be scheduled for all required public hearings.
(4) Large public notification signs shall be maintained in good condition and shall remain in place until the final decision on the proposed project has been made or the application is withdrawn.
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Failure to remove the sign within the prescribed period shall result in forfeiture of the cash deposit and removal of the sign by the City.

5. Other Acceptable Methods of Public Noticing. In addition to the public noticing required by Paragraphs C.1 through C.4 of this Section, the City may give notice of a hearing by any other method deemed necessary or desirable by the Planning Director.

D. Public Notices Required Pursuant to CEQA. Public notification required pursuant to CEQA shall be prepared and advertised consistent with the requirements of the "City of Ontario Guidelines for the implementation of the California Environmental Quality Act," latest edition.

2.03.015: Public Hearing Procedures
A. At any public hearing held pursuant to the provisions of this Division, the Advisory, Approving or Appeal Authority shall hear the applicant, appellant, and any interested persons.

The Advisory, Approving or Appeal Authority may restrict the oral presentation by any person to a time period established in the rules and procedures of the Authority, and may preclude the introduction of any evidence determined to be irrelevant to the public hearing. However, an Advisory, Approving or Appeal Authority shall receive any person's written statement.

B. In the event that an Advisory, Approving or Appeal Authority has obtained evidence outside of the hearing, the information shall be placed into the record. Thereafter, the applicant, appellant or any interested person may rebut the information and shall be entitled to a continuance for that purpose; however, no person may examine an Advisory, Approving or Appeal Authority.

C. Any action or decision of an Advisory, Approving or Appeal Authority shall require a majority vote of its attending members. An abstention by any member who is present at the hearing, and has heard all presented evidence, shall constitute an affirmative vote on any motion regarding the application.

D. When an action or decision of an Approving Authority is anticipated to be contested, the City shall insure that a verbatim record of the hearing is made and duly preserved, provided that a written request is submitted to the City, along with a deposit equal to the total anticipated cost of preparing the record, at least 5 days prior to the date of the hearing. If the actual cost to prepare the record is greater than the provided deposit, the difference (amount owed) shall be paid to the City prior to the record being made available. The City shall return any unused portion of the deposit following completion of the record.

E. Any public hearing conducted pursuant to this Section may be continued from time-totime. If a hearing is continued at the request of an applicant or appellant, the continuance shall constitute a waiver of any applicable time period in which to act or render a decision.

F. Any action or decision of the Approving Authority shall be final and conclusive, unless appealed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code. 315
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2.03.020: Request for Notification
Wherein notice of a public hearing is required pursuant to Section 2.03.010 (Public Hearing Notices) of this Division, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for such notice with either the city clerk or the Planning Department.

2.03.025: Failure to Receive a Public Notice
Pursuant to GC Section 65093, the failure of any person or entity to receive notice given pursuant to this Division shall not constitute grounds for any court to invalidate the actions of the Approving Authority for which the notice was given.

2.03.030: Cemeteries
Wherein an application is submitted for a Development Code Amendment, General Plan Amendment, Specific Plan Amendment, Variance, Conditional Use Permit, Development Plan, or any entitlement for use which would permit all or any part of a cemetery, as defined in HSC Section 8100, to be used for other than cemetery purposes, the City shall give notice pursuant to Section

2.03.010 (Public Hearing Notices) of this Division. Those persons requesting notice shall be notified by the City at the address provided at the time of the request. 316
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Division 2.04—Appeals
Sections:

2.04.000: Purpose

2.04.005: Applicability

2.04.010: Appeals

2.04.015: Planning Commission Right to Direct that a Decision or Action of the Zoning Administrator or Development Advisory Board be Further Considered

2.04.020: City Council Right to Direct that a Decision or Action of the Planning Commission, Zoning Administrator, or Development Advisory Board be Further Considered

2.04.000: Purpose
The purpose of this Division is to implement GC Section 65903, which governs the establishment of procedures for the filing, processing and hearing of appeals on actions or decisions of a City department, agency, or Approving Authority.

2.04.005: Applicability
Any person having legal standing, including but not limited to an applicant, resident, business owner, or any person owning real property within the City, that is aggrieved by an interpretation, action or decision made pursuant to this Development Code by any City agency or department, or by an Approving Authority, may appeal such action to the Appeal Authority in accordance with the provisions of this Division.

2.04.010: Appeals
A. Appeal Authority.

1. The Appeal Authority for all legislative actions, discretionary permits and actions, and ministerial permits and decisions, is hereby established pursuant to Table 2.02-1 (Review Matrix) of this Development Code.

2. The Appeal Authority for an administrative interpretation, action, or decision made by any City agency or department head regarding any matter prescribed or governed by this Development Code may be appealed to the Planning Commission, except as otherwise prescribed by this Development Code.

B. Appeal Procedure.

1. An appeal request shall be filed with the Planning Department on a City application form, along with any appropriate fees established by resolution of the City Council, within 10 days following the action or decision being appealed. The appeal shall include a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and the relief requested from the Appeal Authority.
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2. An appeal of an action or decision by the Approving Authority shall be limited to those matters raised during the hearing and contained in the appeal statement. The Appeal Authority shall not consider any matter that was not raised during the hearing before the Approving Authority and contained in the appeal statement.

3. Upon receipt of an appeal request, copies of the request and supporting information shall be conveyed to the Appeal Authority within 45 days (30 days for a tentative subdivision map) following the filing of the appeal request. The Appeal Authority shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.

4. Upon receipt of an appeal request, the Planning Director shall prepare the record on the subject matter of the appeal, including any staff reports and meeting minutes, and transmit the record to the Appeal Authority. The Planning Director shall also prepare a written report responding to the appeal statement, containing a recommendation on the appeal and appropriate findings supporting the recommendation, along with any appropriate conditions of approval. The report shall be made available to the Appellant at least 72 hours prior to the hearing before the Appeal Authority.

5. Within 30 days (10 days for a tentative subdivision map) following the conclusion of the hearing, the Appeal Authority shall render its decision on the appeal. The Appeal Authority may deny the appeal or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision shall include all required findings.

2.04.015: Planning Commission Right to Direct Further Consideration of a Zoning Administrator or Development Advisory Board Action
A. Agendas of Zoning Administrator and Development Advisory Board hearings shall be provided to the Planning Commission at least 72 hours prior to the date of the hearing.

B. Within 10 days following any decision or action of the Zoning Administrator or Development Advisory Board, the Planning Commission may call-up such decision or action for further consideration.

C. Upon calling-up a decision or action pursuant to Subsection B, above, the Planning Commission shall set the matter for hearing, which shall be noticed and conducted pursuant Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Subsection 2.04.010.B (Appeal Procedure) of this Division.

D. The Planning Commission may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission's decision shall be final and conclusive in the absence of an appeal filed pursuant to this Division.

2.04.020: City Council Right to Direct Further Consideration of a Planning Commission, Zoning Administrator, or Development Advisory Board Action
A. All agendas for Zoning Administrator, Development Advisory Board and Planning Commission hearings shall be provided to the City Council at least 72 hours prior to the date of the hearing.
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B. Within 10 days following any decision or action of the Planning Commission, Zoning Administrator, or Development Advisory Board, the City Council may direct that such decision or action be sent to the Planning Commission for further consideration.

C. Within 10 days following any decision or action of the Planning Commission, the City Council may call-up such decision for further consideration.

D. Upon sending or calling-up a decision or action pursuant to Subsections B and C of this Section, the applicable hearing body shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Section 2.04.010.B (Appeal Procedure) of this Division.

E. The Planning Commission or City Council may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission's decision shall be final and conclusive, unless appealed to the City Council pursuant to Section 2.04.010 (Appeals) of this Division. The City Council's decision shall be final and conclusive.
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Division 2.05—City Initiated Modification or Revocation Sections:

2.05.000: Purpose

2.05.005: Applicability

2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation

2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use

2.05.000: Purpose
The purpose of this Division is to:

A. Establish procedures for securing disciplinary or punitive modification or revocation of a previously granted Conditional Use Permit, or Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship; and
B. Establish procedures for the revocation of Conditional Use Permits, for which the land use granted has been abandoned.

2.05.005: Applicability
A. Conditional Use Permit.

1. Disciplinary or Punitive Modification.
a. The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Conditional Use Permit, based upon one or more of the following causes of action:
(1) The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval; (2) The Conditional Use Permit granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or (3) The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance. b. The action to modify a Conditional Use Permit shall have the effect of changing the physical and/or operational aspects of the Conditional Use Permit. The changes may include the physical and/or operational aspects related to noise, buffers, duration of the permit, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the Conditional Use Permit is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.

2. Disciplinary or Punitive Revocation.
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a. The Approving Authority shall have authority to revoke a Conditional Use Permit, based upon one or more of the following causes of action:
(1) The Conditional Use Permit approval was obtained by fraud; (2) The Conditional Use Permit granted is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days; (3) The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval; (4) The Conditional Use Permit granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or (5) The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance. b. The Approving Authority's action to revoke a Conditional Use Permit shall have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.

3. Revocation of Due to Abandonment of Use. A Conditional Use Permit granting a land use that is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days, may be deemed to be abandoned (cause of action) and may be revoked solely on the basis of its abandonment.

B. Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship.

1. Disciplinary or Punitive Modification.
a. The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of certificate approval;
(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(3) The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b. The action to modify a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of changing the physical aspects of the certificate, such as landscaping and irrigation, lighting, parking, performance guarantees, property maintenance, signs, paving, or any other aspect or condition determined to be reasonable and necessary to 323
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ensure that the certificate is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.

2. Disciplinary or Punitive Revocation.
a. The Approving Authority shall have authority to revoke a Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1) The Certificate of Appropriateness or Certificate of Economic Hardship approval was obtained by fraud;
(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is not being exercised;
(3) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
(4) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(5) The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b. The Approving Authority's action to revoke a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of terminating the certificate and denying the privileges granted by the original approval and any subsequent modifications.

2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation A. Initiation of Modification or Revocation.

1. Conditional Use Permit. It shall be the responsibility of the Zoning Administrator to determine whether reasonable grounds exist to initiate a Conditional Use Permit modification or revocation.

2. Certificate of Appropriateness or Certificate of Economic Hardship. It shall be the responsibility of the Historic Preservation Subcommittee to determine whether reasonable grounds exist to initiate a Certificate of Appropriateness or Certificate of Economic Hardship modification or revocation.

B. Hearing Notification. Upon determination that reasonable grounds exist to initiate a permit or certificate modification or revocation, the City shall:

1. Schedule a hearing before the Approving Authority, which shall be noticed pursuant to Division 2.03 (Public Hearings) of this Development Code, based upon the type of application being considered (Note: If Division 2.03 (Public Hearings) does not require public 324
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notification for the application type being considered, no public notice shall be required for the modification/revocation hearing); and

2. Serve the affected applicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/Revocation Proceedings. The notice shall be sent by certified mail at least 10 days prior to the public hearing date, and shall contain the following minimum information:
a. A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;
b. The name(s) of the owner, and name(s) of occupants if different from the owner;
c. The project file number and date of issuance;
d. A description of the authorized land use or development entitlement, or discretionary administrative permit;
e. Statements supporting one or more of the causes of action contained in Section 2.05.005 (Applicability) of this Division;
f. A statement that the Approving Authority will hold a public hearing within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the hearing, may either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance; g. A statement that the applicant, owner, and/or occupant may appear in person and/or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and h. The date, time, and place of the public hearing.

C. Hearing.

1. The modification or revocation shall be heard and acted upon pursuant to the procedures for public hearings contained in Division 2.03 (Public Hearings) of this Development Code.

2. At the conclusion of the hearing, the Approving Authority may take appropriate action to ensure permit or certificate compliance, including the addition, deletion, or modification of conditions of approval, or revocation of the permit or certificate.

D. Decision and Notice to Property Owner.

1. Within 45 days following the conclusion of the modification or revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the causes of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.
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2. The decision of the Approving Authority to modify or revoke an approved discretionary permit or action shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.

2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use A. Revocation Initiation. The Approving Authority may initiate the revocation of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.

B. Hearing Notification. Upon determination by the Approving Authority that reasonable grounds exist to initiate Conditional Use Permit revocation, the Approving Authority shall conduct a hearing, setting the date and time upon which the request will be considered. Notice of the hearing shall be given, and the hearing shall be conducted, pursuant to Division 2.03 (Public Hearings) of this Development Code.

C. Decision and Notice to Property Owner.

1. The Approving Authority shall not revoke a Conditional Use Permit if there is a compelling government interest in maintaining the subject permit.

2. The Approving Authority's action to revoke a Conditional Use Permit shall have the effect of terminating the land use permit, along with any privileges granted by the original approval and any subsequent modifications that may have been granted.

3. Following the conclusion of the revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the cause of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.

4. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code. 326
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Division 2.06—Performance Guarantees
Sections:

2.06.000: Purpose

2.06.005: Applicability

2.06.010: Surety Form and Amount

2.06.015: Surety for Maintenance

2.06.020: Duration of Surety

2.06.025: Release or Forfeiture of Surety

2.06.000: Purpose
The purpose of this Division is to establish a procedure by which a discretionary permit or action, or ministerial permit or decision may require, by conditions of approval or by action of the Approving Authority, to provide surety guaranteeing the faithful performance and proper completion of any approved work and compliance with conditions of approval.

2.06.005: Applicability
The provisions of this Division shall apply to performance guarantees for projects authorized by any a discretionary permit or action, or ministerial permit or decision required by this Development Code.

2.06.010: Surety Form and Amount
The required surety shall be in a form (e.g., cash deposit, certificate of deposit, surety bond, etc.) approved by the Planning Director or City Engineer, upon recommendation of the City Attorney.

The amount of surety shall be as determined by the Planning Director and/or City Engineer to be necessary to ensure proper completion of the work and compliance with conditions of approval.

2.06.015: Surety for Maintenance
In addition to any improvement surety required to guarantee proper completion of work, the Planning Director or City Engineer may require surety for maintenance of the work in an amount determined by the Planning Director and/or City Engineer to be sufficient to ensure the proper maintenance and functioning of improvements.

2.06.020: Duration of Surety
Required improvement surety shall remain in effect until final inspections have been made and all work has been accepted by the Planning Director and/or City Engineer, or until any warranty period required by the Planning Director and/or City Engineer has lapsed. Maintenance surety shall remain in effect for the one-year period following the date of final inspection. 328
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2.06.025: Release or Forfeiture of Surety
A. Upon satisfactory completion of work and the approval of a final inspection at the end of the required time for maintenance surety, the improvement and/or maintenance deposits or bonds shall be released.

B. Upon failure to complete all required work, failure to comply with all of the terms of any applicable permit or failure of the completed improvements to function properly, the City may perform the required work or cause it to be completed, and collect from the permittee or surety, all the costs incurred by the City, including the all costs for the work and all related administrative, inspection and legal costs.

C. Any unused portion of the surety shall be refunded to the funding source after deduction of all costs for the work and all related administrative, inspection and legal costs. 329
Chapter 4.0:

Permits, Actions, and Decisions
Division 4.01—Legislative Actions
Division 4.02—Discretionary Permits and Actions
Division 4.03—Ministerial (Administrative) Permits and Decisions 330
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Division 4.01—Legislative Actions
Sections:

4.01.000: Purpose

4.01.005: Applicability

4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments

4.01.015: Development Agreements

4.01.020: Development Code Amendments

4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)

4.01.030: Planned Unit Developments (PUD) and Amendments

4.01.035: Specific Plans and Amendments

4.01.040: Zone Changes

4.01.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of legislative actions by the appropriate Reviewing Authorities. Generally, legislative actions entail the establishment of rules, policies, or standards of general applicability, which involve the exercise of discretion and preside over considerations of public health, safety, and welfare.

4.01.005: Applicability
Whenever the public necessity, convenience, general welfare, or good planning practice so requires, the appropriate Reviewing Authorities, as prescribed by Table 2.02-1 (Review Matrix) of this Development Code, may consider the adoption of a legislative action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the legislative action being considered.

4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing the Los Angeles/Ontario International Airport Land Use Compatibility Plan pursuant to the provisions of PUC Section 21670 et seq., whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Authority.

1. PUC Section 21675 requires the preparation of an Airport Land Use Compatibility Plan (ALUCP) that will provide for the orderly growth of Los Angeles/Ontario International Airport and the area surrounding the airport and will safeguard the inhabitants within the vicinity of the airport and the public in general. The City Council may, by ordinance and upon written recommendation of the Planning Commission, further amended, supplement or change the ALUCP, whenever the public necessity, convenience, general welfare, and good planning practice so requires.
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2. The Los Angeles/Ontario International Airport Land Use Compatibility Plan and any amendments thereto, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.

C. Application Filing, Processing and Hearing. An application for ALUCP adoption or an amendment there to, shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.

D. Findings and Decision. An ALUCP, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.

1. The proposed ALUCP, or amendment thereto, will protect the public health, safety, and welfare by ensuring the orderly expansion of airports;

2. The proposed ALUCP, or amendment thereto, will minimize the public's exposure to excessive noise and safety hazards within areas around the airport to the extent that these areas are not already devoted to incompatible uses;

3. The proposed ALUCP, or amendment thereto, is consistent with the goals and policies of the general plan; and

4. The proposed ALUCP, or amendment thereto, is reasonable and beneficial, and in the interest of good planning practice.

4.01.015: Development Agreements
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Development Agreements by and between the City and persons having a legal or equitable interest in a property proposed to be the subject of an agreement, whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Authority. Pursuant to GC Section 65864, et seq., the City Council may, by ordinance and upon written recommendation of the Planning Commission as to the consistency of a proposed Development Agreement with the Policy Plan (General Plan) component of The Ontario Plan, enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. It is intended that the provisions of this division shall be fully consistent and compliant with the provisions of GC Section 65864, et seq., and shall be so construed.

C. Agreement Contents.

1. A Development Agreement entered into pursuant to the provisions of this Division shall, at a minimum, include the following information:
a. Duration of the agreement;
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b. The permitted use(s) of the property;
c. The density or intensity of use;
d. The maximum height and size of proposed buildings; and e. Provisions for reservation or dedication of land for public purposes.

2. In addition to the minimum information required by Paragraph C.1., above, the development agreement may include the following:
a. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the use(s) and to the density or intensity of development set forth in the agreement; b. Provide that construction shall be commenced within a specified time period and that the project, or any phase thereof, be completed within a specified time; c. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and
d. Any other such terms, conditions, and requirements as deemed necessary and proper by the City Council, including, but not limited to, a requirement for assuring to the satisfaction of the City, performance of all provisions of the development agreement in a timely fashion by the agreement holder.

D. Application Filing, Processing and Hearing. An application for Development Agreement consideration shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.

E. Findings. A Development Agreement shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing that the provisions of the 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, and any applicable specific plans, and giving supporting reasons for each finding. A Development Agreement shall be denied if one or more of the required findings cannot be clearly established.

F. Recordation of Agreement. Within 10 days following the City entering into a Development Agreement, the City Clerk shall record with the county recorder, a copy of the Agreement, which shall prescribe the land subject to the agreement. From and after the time of recordation, the Agreement shall impart notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the Agreement shall be binding upon, and the benefits of the Agreement shall inure to, all successors in interest to the parties to the agreement.

G. Amendments. A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the Agreement, or their successors in interest. Any action to amend or cancel any portion of the Agreement shall be carried out pursuant to the procedures specified in Subsection D (Application Filing, Processing and Hearing), above. 334
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H. Annual Review.

1. Every Development Agreement approved and executed pursuant to this Division shall be annually reviewed during the term of the Agreement, following the date of its execution.

The purpose of the review is to determine whether the holder of the Agreement has complied in good faith with the terms of the Agreement. The burden shall be placed on the holder of the Agreement to demonstrate compliance to the full satisfaction of and in a manner prescribed by the City.

2. If as a result of annual review pursuant to this Subsection the City Council finds and determines, on the basis of substantial evidence, that the holder of the Development Agreement has not complied in good faith with the terms or conditions of the Agreement, the City Council may either amend or terminate the Agreement.

I. Modification/Suspension in Compliance with State or Federal Regulations. In the event that State or Federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the Agreement shall be modified or suspended as may be necessary to comply with State or Federal laws or regulations.

4.01.020: Development Code Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing this Development Code whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance and upon written recommendation of the Planning Commission, amend, supplement, or change the ordinances codified in this Development Code whenever the public necessity, convenience, general welfare, or good zoning practice so requires.

C. Application Filing, Processing and Hearing. An application for a Development Code Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.

D. Findings and Decision. A Development Code Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.

1. The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan; and

2. The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

E. Urgency Measure: Interim Ordinance. Without following the procedures otherwise required prior to the adoption of a Development Code Amendment, to protect the public safety, health, 335
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and welfare, the City Council may adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or the Planning Department is considering or studying, or intends to study within a reasonable period. An urgency measure shall be completed pursuant to the provisions of GC Section 65858.

4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)
A. Purpose. The Policy Plan component of The Ontario Plan serves as the City's General Plan, which is mandated by State law pursuant to GC Section 65300, et seq. The purpose of this Section is to establish procedures for amending, supplementing, or changing the Policy Plan whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Authority.

1. Pursuant to GC Section 65358, the City Council may, by resolution and upon written recommendation of the Planning Commission, amend, supplement, or change the Policy Plan (General Plan) component of The Ontario Plan.

2. A mandatory element of the Policy Plan shall not be amended more than 4 times during any calendar year; except that this limitation shall not apply to amendments necessary for the development of residential units where at least 25 percent of the proposed units will be occupied by, or available to, persons and families of low or moderate income, as defined by HSC Section 50093.

C. Application Filing, Processing and Hearing. An application for a General Plan (Policy Plan) Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.

D. Findings and Decision. A General Plan (Policy Plan) Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. Technical Amendment Findings. The first finding (Subparagraph D.1.a, below) and any one or more of the subsequent findings (Subparagraphs D.1.b through e, below) shall justify a technical amendment:
a. The proposed amendment will not change any policy direction or intent of the Policy Plan (General Plan) component of The Ontario Plan. b. An error or omission is in need of correction.
c. A land use designation was based on inaccurate or misleading information and, therefore, should be changed to properly reflect the policy intent of the Policy Plan (General Plan) component of The Ontario Plan.
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d. A point of clarification is needed to more accurately express the meaning of the Policy Plan (General Plan) component of The Ontario Plan, or eliminate a source of confusion.
e. A minor change in boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.

2. Entitlement/Policy Amendment Findings. The first two findings (of the Policy Plan (General Plan) component of The Ontario Plan, below), and any one or more of the subsequent findings (Subparagraphs D.2.c through f, below), shall justify an entitlement/policy amendment:
a. The proposed change does not involve a change in, or conflict with:
(1) The Ontario Plan Vision;
(2) Any principle of the Policy Plan (General Plan) component of The Ontario Plan; or
(3) Any basic/foundational component of The Ontario Plan. b. The proposed amendment would contribute to the achievement of the purposes of the Policy Plan (General Plan) component of The Ontario Plan, or, at a minimum, would not be detrimental to them.
c. Special circumstances or conditions have emerged that were unknown or unanticipated at the time the Policy Plan (General Plan) component of The Ontario Plan was adopted.
d. A change in policy is required to conform to changes in state or federal law, or applicable findings of a court of law.
e. An amendment is required to comply with an update of the Housing Element or change in State Housing Element law (commencing with GC Section 65580). f. An amendment is required to address changes in public ownership of land.

3. Land Use Amendment Findings. The first four findings (Subparagraphs D.3.a through d, below), and any one or more of the subsequent findings (Subparagraphs D.3.e through h, below), shall justify an entitlement/policy amendment:
a. The proposed General Plan Amendment is consistent with the goals and policies of The Ontario Plan.
b. The proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. c. The Land Use Element is a mandatory element of the Policy Plan (General Plan) component of The Ontario Plan, which, pursuant to GC Section 65358, may be amended up to four times per calendar year, and the proposed General Plan Amendment is the first, second, third, or fourth (insert applicable amendment cycle) amendment to the Land Use Element within the current calendar year.
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d. During the amendment of the Policy Plan (General Plan) component of The Ontario Plan, opportunities for the involvement of citizens, California Native American Indian tribes (pursuant to GC Section 65352.3), public agencies, public utility companies, and civic, education, and other community groups, through public hearings or other means, were implemented consistent with GC Section 65351.
e. The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties listed in the Housing Element Sites Inventory. Furthermore, changing the land use designation of the subject property from the existing Policy Plan (General Plan) land use designation (including density, if applicable) to the proposed Policy Plan (General Plan) land use designation (including density, if applicable) will not impact the City's Regional Housing Needs Assessment (RHNA) obligations, or the City's ability to satisfy its share of the region's future housing need. f. The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is listed in the Housing Element Sites Inventory, and the proposed project is consistent with the number of dwelling units and density specified in the Housing Element Sites Inventory. g. The project site is listed in the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Housing Element Sites Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element Sites Inventory is required. Removal of the subject property from the inventory will not impact the City's RHNA obligations since there are an adequate number of sites in the inventory to meet the City's RHNA obligations.
h. The proposed project is not consistent with the adopted Housing Element.

The project site is listed in the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Housing Element Sites Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element Sites Inventory is required.

Removal of the subject property from the inventory will impact the City's RHNA obligations since there are not an adequate number of sites in the inventory to meet the City's RHNA obligations; therefore, the following property(ies) will be added to the Housing Element Sites Inventory:

Assessor Parcel Numbers (APN) Lot Area
[insert APN] [insert lot area]
Housing Element Sites Inventory
Existing Proposed
Number of Units: [insert existing number of units] [insert proposed number of units] Assumed Density: [insert existing density] [insert proposed density] 338
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4.01.030: Planned Unit Developments (PUD) and Amendments A. Purpose.

1. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing PUDs whenever the public necessity, convenience, general welfare, or good planning practice so requires.

2. The PUD is intended to:
a. Secure a fuller realization of the Policy Plan component of The Ontario Plan than would result from the strict application of present zoning district regulations; b. Promote high standards in urban design;
c. Encourage the development of exceptionally high quality, mixed-use, high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and
d. Ensure harmonious relationships with surrounding land uses.

B. Authority.

1. Pursuant to GC Section 65850, the City Council may, by ordinance and upon written recommendation of the Planning Commission, adopt, amend, supplement or change regulations pertaining to the use of buildings, structures, and land; and establish development standards governing: building location, height, bulk, number of stories, and size; the size and use of lots, yards, courts, and other open spaces; lot coverage; the intensity of land use; off-street parking and loading; and signage, whenever the public necessity, convenience, general welfare and good planning practice so requires.

2. A PUD shall be required for those properly identified areas shown on Exhibit LU-05 (Additional Plans Required Map) of The Ontario Plan, and may be allowed on those properties located within the growth areas described on Exhibit LU-04 (Generalized and Growth Areas) of The Ontario Plan and in conjunction with mixed-use developments.

3. A PUD, and any amendments thereto, adopted pursuant to this Division shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.

C. Application Filing, Processing and Hearing. An application for Planned Unit Development adoption or amendment thereto, shall be filed, processed, and heard pursuant to Section

2.02.015.A (Legislative Actions) of this Development Code.

D. Findings and Decision. A PUD, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. 339
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1. The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;

2. The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;

3. In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and

4. In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.

5. The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan.

4.01.035: Specific Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Specific Plans whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Authority.

1. Pursuant to GC Section 65450, et seq., the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.

2. A Specific Plan and any amendments thereto, adopted pursuant to this Division, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.

C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, an application for Specific Plan adoption or amendment shall be filed, processed and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.

D. Findings and Decision. A Specific Plan, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.

1. The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;

2. The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; 340
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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; and

4.01.040: Zone Changes
A. Purpose. The purpose of this Section is to establish procedures for amending or changing the zoning boundaries or zoning classification (Zone Change) of any property within the City whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance, and upon written recommendation of the Planning Commission, change the zoning boundaries or classification of any property within the City, whenever the public necessity, convenience, general welfare, or good zoning practice so requires.

C. Application Filing, Processing and Hearing. An application for Zone Change shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.

D. Findings and Decision. A Zone Change, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;

2. The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;

3. The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses; and

4. The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.

E. Prezoning of Unincorporated Territory. The prezoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council in the form of a request to the Planning Commission that it consider the prezoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be prezoned. A Prezone shall be completed pursuant to GC Section 65859 and this Section and shall become effective at the same time annexation of territory to the City becomes effective. 341
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Division 4.02—Discretionary Permits and Actions
Sections:

4.02.000: Purpose

4.02.005: Applicability

4.02.010: Billboard Relocation Agreements

4.02.015: Conditional Use Permits

4.02.020: Departures from Development Standards (Minor Adjustments/Alterations and Variances)

4.02.025: Development Plans

4.02.030: Extensions of Legal Nonconforming Status

4.02.040: Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas

4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource

4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources

4.02.055: Historic Preservation—Certificates of Economic Hardship

4.02.060: Historic Preservation—Conservation Plans

4.02.065: Historic Preservation—Mills Act Contracts

4.02.070: Master Plans and Amendments

4.02.075: Sign Programs

4.02.080: Specific Plan Minor Amendments/Alterations

4.02.090: Subdivisions—Reversions to Acreage

4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps

4.02.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of discretionary permits or actions. A discretionary permit or action, as established by Table 2.02-1 (Review Matrix) of this Development Code, includes projects that require the exercise of judgment or deliberation when making a decision to approve, conditionally approve, or deny a particular activity.

4.02.005: Applicability
The Reviewing Authorities prescribed by Table 2.02-1 (Review Matrix) of this Development Code, shall consider a discretionary permit or action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the discretionary permit or action being considered.

4.02.010: Billboard Relocation Agreements
A. Purpose. The purpose of this Section is to establish a procedure to reduce the overall number of legally established nonconforming billboards within the City, allowing billboards to be relocated to locations within the City that are more suitable, and provide for more attractive, aesthetically pleasing billboard designs. In addition, Billboard Relocation Agreements are intended to reduce or eliminate the City's obligation to pay compensation for the removal of legal 342
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nonconforming billboards. Billboard Relocation Agreements are part of the City's demonstrated commitment to improve its overall aesthetic appearance.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, upon written recommendation of the Advisory Authority, is hereby empowered to approve, approve in modified form, or deny a Billboard Relocation Agreement for the relocation of legally established nonconforming billboards within the City, to a relocation site established pursuant to this Section, provided a minimum of two existing legal nonconforming billboards are removed.

2. Existing legally established nonconforming billboards may be relocated only as part of a Billboard Relocation Agreement.

3. A relocated billboard proposed pursuant to this Section shall require the concurrent filing of a Sign Plan application pursuant to Section 4.03.020 (Sign Plans) of this Development Code.

C. Definitions. For the purposes of this Section, the following definitions shall apply:

1. "Major Gateway" means an entry into the City through a major transportation corridor or node (e.g., airport, arterial, and rail lines).

2. "Regionally Significant" means a use that supports activities or economies at a scale greater than that of a single jurisdiction, drawing predominately from a market area that extends at least 20 miles beyond the City limits.

3. "Underdeveloped" means a lot that is not developed to its highest and best use.

4. "Visual Clutter" means disorganized, distracting, and/or competing graphics within public view, which contribute to visual blight.

D. Relocation Sites and Billboard Design Criteria. Generally, relocation sites are restricted to areas that are recognized as major gateways into the City, within or adjacent to a regionally significant project. The following considerations shall serve as guidelines for the placement and design of relocated billboards:

1. Site Criteria. The below-listed considerations shall serve as general guidelines for use by applicants and the City in the identification of potential suitable billboard relocation sites.

Specific sites within suitable areas will be negotiated through the Billboard Relocation Agreement process.
a. The area is developed with a legally established allowed use that is regionally significant;
b. The area does not have excessive visual clutter;
c. The proposed relocated billboard would be compatible with uses and structures on the site, and in the surrounding area;
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d. The proposed billboard would not create a traffic or safety problem with regard to on-site access, circulation, or visibility; and e. The proposed billboard would not interfere with on-site parking or landscaping required by City ordinance or permit.

2. Prohibited Sites. No Billboard shall be relocated to a site if it meets any of the following criteria:
a. The site is adjacent to any freeway (Interstate 10, Interstate 15, or State Route 60) or Euclid Avenue;
b. The site is located within the AG (Interim Agricultural Overlay) zoning district; c. The site is undeveloped or underdeveloped;
d. The site is within 3,000 FT of property located within a residential land use district shown on the Land Use Plan (Exhibit LU-01) of the Policy Plan (General Plan) component of The Ontario Plan; and
e. The site is within 3,000 FT of an existing billboard or electronic message center.
f. Interagency Relocation Exception. Notwithstanding the foregoing, a billboard may be relocated from a location outside the City, to any location within the City, pursuant to an agreement approved at the discretion of the City Council, between the City and another public agency, so long as the following findings can be clearly established:
(1) A minimum of 6 existing, legal nonconforming billboards shall be removed, at least 5 of which must be currently located within the City; (2) The billboard's relocation is necessitated by work being performed on the same freeway as the planned new site for the billboard; and (3) The public health safety and welfare are not impaired by the relocation.

3. Design Criteria. Typical billboard design with a large sign area mounted on a pole is not permitted. Pylon-type signs, which are structural elements with architectural treatment, are required. Suitable design shall be based on the following considerations:
a. The design should be integrated into the design scheme of the surrounding area and/or buildings;
b. The design shall provide architectural interest for the structure; and c. The design shall incorporate a top and base treatment to the billboard structure;
E. Candidate Billboards for Relocation. The following considerations shall serve as general guidelines in identifying candidate billboards for relocation:
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1. Areas of general priority for removal and relocation include redevelopment project areas, areas along major thoroughfares leading into commercial districts, areas visible to freeways and highways, and streets upon which billboards are heavily concentrated and contribute to existing visual clutter.

2. Candidate billboards must be legally established non-conforming billboards.

Illegally placed billboards shall not be candidates for Billboard Relocation Agreements.

F. Application Filing, Processing and Hearing. A Billboard Relocation Agreement application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

G. Findings. A Billboard Relocation Agreement shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The Agreement shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The Billboard Relocation Agreement is consistent with the goals, policies, plans and exhibits of The Ontario Plan, the requirements of the Development Code, and any applicable specific plans, area plans, or planned unit developments;

2. The proposed relocation site is compatible with uses and structures on the site and in the surrounding area;

3. The Billboard Relocation Agreement contributes to the reduction of visual clutter in the City;

4. The proposed site complies with the relocation criteria established by this Section; and

5. The proposed billboard will not create a traffic or safety problem with regard to onsite access, circulation, or visibility.

4.02.015: Conditional Use Permits
A. Purpose. The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of technological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Conditional Use Permit, and to impose reasonable conditions upon the approval of the application.
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2. Conditional Use Permit approval shall be required prior to: [i] the establishment of those land uses, activities and facilities so identified in Table 5.02-1 (Land Use Matrix) of this Development Code; [ii] the conversion of any existing residential development project for sale, transfer, or conveyance as a common interest project pursuant to Section 6.08.045 (Conversion to a Residential Common Interest Project); [iii] the conversion of any existing commercial or industrial development project for sale, transfer, or conveyance, as a common interest project pursuant to Section 6.08.050 (Conversion to a Commercial or Industrial Common Interest Project); and [iv] the alteration/expansion of a nonconforming nonresidential land use or structure pursuant to Subsection 3.01.020.J (Alteration and/or Expansion of a Nonconforming Nonresidential Structure) of this Development Code.

C. Application Filing, Processing and Hearing. A Conditional Use Permit application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

D. Findings and Decision. A Conditional Use Permit shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.

1. The scale and intensity of the proposed land use would be consistent with the scale and intensity of land uses intended for the particular zoning or land use district.

2. The proposed use at the proposed location, and the manner in which it will be operated and maintained, 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.

3. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Development Code and any applicable specific plan or planned unit development.

4. The proposed use at the proposed location would be consistent with the provisions of the Airport Land Use Compatibility Plan.

5. The establishment, maintenance, and operation of the proposed use at the proposed location would not be detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.

E. Conditions of Approval.

1. In approving a Conditional Use Permit, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
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2. The conditions imposed on Conditional Use Permits may include provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements (public and private), site design, operational characteristics, land use compatibility, general character, appearance, environmental impact, time limits for commencement or termination of the construction or use authorized, revocation and use termination dates, and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.

3. A copy of the approving decision or resolution, and related conditions of approval (if any) issued by the Approving Authority shall be maintained on site and shall be made available for inspection upon demand by a City representative.

4. A Conditional Use Permit shall only apply to the approved particular use on a particular property, which may be transferred from one owner of the property to another successive owner of the same property.

5. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

F. Conditional Use Permit Modification/Revision.

1. Conditional Use Permits and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).

Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.

3. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Conditional Use Permit, following the procedures set forth in this Section for Conditional Use Permit approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.

G. Voluntary Surrender of a Conditional Use Permit. A Conditional Use Permit approved pursuant to this Development Code may be voluntarily surrendered, in writing, by the affected property owner. The procedure for Conditional Use Permit surrender shall be as follows:

1. The Reviewing Authority originally approving the subject Conditional Use Permit shall set a date and time on which the request will be considered. Notice of the hearing shall be given pursuant to Division 2.03 (Public Hearings) of this Development Code.

2. The notice shall indicate that any interested person may make a written request at any time prior to the advertised public hearing, or may request in person at the time of the advertised hearing, that a public hearing be held at the advertised date and time. If no hearing is requested, the Reviewing Authority may decide on the matter without a public hearing. If a 347
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public hearing is requested, the Reviewing Authority shall conduct the public hearing pursuant to Division 2.03 (Public Hearings) of this Development Code.

3. The Reviewing Authority shall deny the surrender of the Conditional Use Permit only if it can be clearly shown that there is a compelling government interest in maintaining the Conditional Use Permit.

4. The decision of the Reviewing Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.

4.02.020: Departures from Development Standards (Minor Adjustments/Alterations and Variances) A. Purpose. The purpose of this Section is to establish procedures by which departures from certain development standards may be permitted by this Development Code when certain specified circumstances exist.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny certain departures from certain development standards established by this Development Code, and to impose reasonable conditions upon the approval of such request.

2. The City's authority to grant departures from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.

C. Minor Adjustments/Alterations.

1. Purpose. Minor Adjustments/Alterations, like Variances, are intended to allow for departures from the strict application of the numerical development standards established by this Development Code, when their strict application would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the development regulations. Minor Adjustments/Alterations, however, are determined to have a lesser (minor) measure of impact than Variances, due to the limited measure of adjustment allowed; therefore, requiring a modified review process.

2. Applicability.
a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Minor Adjustment/Alteration, and to impose reasonable conditions upon the approval of the application.
b. Minor Adjustments/Alterations may be approved for:
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(1) A reduction of up to 25 percent from minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; or
(2) A 10 percent increase in the maximum height of structures. c. A Minor Adjustment/Alteration shall not be approved for reductions in minimum lot size, lot coverage, lot dimension, landscape coverage, parking requirements, or for an increase in maximum density or floor area ratio.

3. Application Filing, Processing and Hearing.
a. A Minor Adjustment/Alteration shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
b. The applicant and the owners of all properties having a property line common with the affected property shall be notified of the proposed Minor Adjustment/Alteration pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code. Furthermore, the notice shall state that a public hearing shall not be required unless requested by the applicant, an abutting property owner, or other affected person or entity. c. A public hearing, if requested, shall be conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.
d. If no public hearing is requested, the Zoning Administrator shall approve, approve in modified form, or deny a Minor Adjustment/Alteration no less than 10 days following distribution of the notice required by Subparagraph D.3.b, above.

4. Findings and Decision. A Minor Adjustment/Alteration shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code; b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district; c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Minor Adjustment/Alteration will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.
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e. The proposed Minor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.

5. Conditions of Approval.
a. In approving a Minor Adjustment/Alteration, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

D. Variance.

1. Purpose. The City's authority to grant a Variance from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.

2. Applicability.
a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, is hereby empowered to approve, approve in modified form, or deny a Variance application, and to impose reasonable conditions upon the approval of the application.
b. A Variance may be approved to allow deviation from any numerical development standard established by this Development Code with respect to minimum and/or maximum dimension, area, mass, and quantity, except that a Variance shall not be granted for increases in maximum density or floor area ratio.
c. A variance shall not be approved on a lot that authorizes a use or activity that is not otherwise expressly authorized by the zoning district governing the affected lot, nor shall the power to approve a Variance extend to any public health or safety standard, as this authority has been precluded by state laws.

3. Application Filing, Processing and Hearing. A Variance application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

4. Findings and Decision. A Variance shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after 350
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a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code; b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district; c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. e. The proposed Variance is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.

5. Conditions of Approval.
a. In approving a Variance, the Approving Authority, as applicable, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

4.02.025: Development Plans
A. Purpose. The purpose of this Section is to:

1. Establish a review process whereby the integrity and character of the physical fabric of the City will be protected in a manner consistent with the goals and policies of The Ontario Plan. This is ensured through the review of:
a. The suitability of building location;
b. Location and design of off-street parking and loading facilities; 351
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d. Location and design of pedestrian and vehicular entrances and exits; e. Location, design, materials and colors of walls and fences; f. Location, design, size, and type of landscaping (public and private facilities);
g. Location, design, and materials of hardscape areas, such as patios, sidewalks and walkways (public and private facilities); h. Drainage and off-site improvements (public and private facilities); i. Compatibility with the surrounding area;
j. Exterior building architectural design, materials and colors; k. Quality of proposed design and construction;
l. Location, type, design, colors, and materials of signs; and m. Any conditions affecting the public health, safety, welfare, and general aesthetic of the community.

2. Protect and preserve the value of properties and to encourage high quality development throughout the City, whereas adverse effects would otherwise result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildings and structures; inadequate and poorly planned landscaping; and failure to preserve, where feasible, natural landscape features, and open spaces.

3. Recognize the interdependence of land values and aesthetics, and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements consistent with The Ontario Plan, with due regard to the public and private interests involved.

4. Ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities are protected by the exercise of reasonable controls over the character and design of private buildings, structures, parking and loading facilities, landscaped areas, recreation amenities and open spaces.

5. Ensure the design of landscaping and irrigation that shades parking facilities and other paved areas, buffers or screens undesirable views and compliments building architecture and overall site design.

6. Ensure reasonable controls over the character, design and location of signs, and the appropriate use of well-designed signs that complement the architecture of surrounding buildings, while considering the public and private interests involved and the exercise of control over the undesirable use of excessive signage.

B. Applicability.
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1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Development Plan application, and to impose reasonable conditions upon a Development Plan approval.

2. Development Plan approval shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building, as follows:
a. The development of 3 or more dwelling units on a single lot; b. The development of 5 or more lots within a residential subdivision; c. The development of 5 or more dwelling units, regardless of the number of lots involved;
d. The development of a nonresidential building within a residential zoning district, or an addition thereto, which is in excess of 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
e. The development of a vacant lot within a nonresidential zoning district; f. The conversion of a commercial structure to a residential structure, or conversion of a residential structure to a commercial structure; g. The remodel of, or addition to, an existing nonresidential building, which results in an overall change in the architectural/aesthetic integrity, as determined by the Planning Director;
h. The remodel of, or addition to, a nonresidential building, which would result in the demolition and replacement/reconstruction of more than 50 percent of the existing building;
i. The conversion of a gasoline or fueling station to facilitate another allowed land use (see standards contained in Subsection 5.03.040,C (Conversion of Gasoline and Fueling Stations) of this Development Code);
j. An addition to an institutional facility (including religious assembly and places of worship, government services, healthcare services, and educational services), when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
k. Commercial developments and the development of a permanent building within the CIV, OS-R, OS-C, or UC zoning district, when such development would exceed 500 SF of GFA (cumulative), or an addition thereto, when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less; l. The development of a permanent building within the AG zoning district, when such development would exceed 5,000 SF of GFA (cumulative), or an addition thereto, when such addition would exceed 25 percent of the original structure GFA or 5,000 SF (cumulative), whichever is less;
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Ontario Development Code Page 4.02-13 (Rev. 12.03.2024) m. The relocation (move-on) of a building within any zoning district; n. The addition of dwelling units to a multiple-family residential development project, when such addition would result in 3 or more dwelling units on a single lot after the addition;
o. An addition to a previously developed site within a commercial zoning district, when such addition would exceed 25 percent of the original structure GFA or 2,000 SF (cumulative), whichever is less;
p. An addition to a previously developed site within an industrial zoning district, when such addition would exceed 25 percent of the original structure GFA or 10,000 SF (cumulative), whichever is less;
q. A Tier 2 or Tier 3 wireless telecommunications facility pursuant to Section

5.03.420 (Wireless Telecommunications Facilities) of this Development Code; and r. Other projects, which, in the opinion of the Planning Director, require such level of review prior to issuance of a building permit, due to the size, nature and/or complexity of the project, or because the project could cause significant environmental impacts or generate significant neighborhood opposition or controversy.

3. A Development Plan shall remain in effect for the life of the affected development project, which shall be developed and maintained in substantial conformance with the plans as approved by the Approving Authority and shall be maintained on file with the City.

C. Application Filing, Processing and Hearing. A Development Plan application, except for wireless telecommunications facilities in the public right-of-way and facilities qualifying as Eligible Facilities Requests (EFRs), shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Applications to install wireless telecommunications facilities in the public right-of-way and for facilities qualifying as EFRs shall be filed and processed pursuant to the following:

1. Scope. There shall be a type of permit entitled a "Wireless Permit," which shall be subject to all of the requirements of this Section. Unless exempted, every person who desires to place a wireless telecommunications facility in the public right-of-way, modify an existing wireless telecommunications facility in the public right-of-way, or perform work as part of an EFR must obtain a Wireless Permit authorizing the placement or modification in accordance with this Section. Except for small cell facilities, facilities qualifying as EFRs, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless telecommunications facilities shall be permitted pursuant to this Section.

2. Approving Authority. The Zoning Administrator is the approving authority for wireless telecommunications facilities in the public right-of-way and facilities qualifying as EFRs.

3. Application Submittal. Applications shall be submitted on a City application form issued and amended, from time-to-time, by the Zoning Administrator.

4. Review and Action.
a. The Zoning Administrator shall review the application and then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall 354
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b. The wireless regulations and decisions on applications for placement of wireless telecommunications facilities in the public right-of-way and facilities qualifying as EFRs shall, at a minimum, ensure that the requirements of this Section are satisfied, unless it is determined that Applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Development Code may be waived by the Zoning Administrator, but only to the minimum extent required to avoid the prohibition or violation.
c. There will be no public hearings.

5. Appeals. The Applicant may appeal the decision to the Planning Commission, which may decide the issue de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility. Where the Zoning Administrator grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the Planning Commission. All appeals must be filed within 2 business days of the written decision of the Zoning Administrator, unless the Zoning Administrator extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.

D. Findings and Decision. A Development Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. Findings 1-4 do not apply to applications for wireless telecommunications facilities in the public right-of-way or facilities qualifying as EFRs, which are subject to the findings set forth by Paragraph 5, below.

1. The proposed development at the proposed location is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;

2. The proposed development is compatible with those on adjoining sites in relation to location of buildings, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located;

3. The proposed development will complement and/or improve upon the quality of existing development in the vicinity of the project and the minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project;

4. The proposed development is consistent with the development standards and design guidelines set forth in the Development Code, or applicable specific plan or planned unit development.
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5. Required findings for wireless telecommunications facilities in the public right-ofway and facilities qualifying as EFRs are as follows:
a. Except for EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1) The facility is not detrimental to the public health, safety, and welfare;
(2) The facility complies with this Development Code and all applicable design and development standards; and
(3) The facility meets applicable requirements and standards of state and federal law.
b. For EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1) That the application qualifies as an eligible facilities request; and (2) That the proposed facility will comply with all generally applicable laws.

E. Conditions of Approval.

1. In approving a Development Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. Conditions of approval imposed upon a Development Plan approval may include, but is not limited to, provisions concerning building height, bulk or mass; setbacks; lot coverage; lighting; private and common open space, and/or recreation amenities; screening, including garages, trash receptacles, mechanical and roof-mounted equipment and appurtenances; landscaping; walls and fences; vehicular parking, access and circulation; pedestrian circulation; on-site security; grading; street dedication and improvements (public and private); on and off-site public improvements (public and private) necessary to service the proposed development; project timing/phasing; loading and outdoor storage; architectural treatment; signage; vehicular trip reduction; graffiti removal; sound attenuation; reparation and recordation of covenants, conditions and restrictions, mutual access agreements, maintenance agreements and other similar agreements; property disclosure pursuant to BPC Section 11000, et seq.; and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.

3. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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1. Development Plans and/or their conditions of approval may be modified/revised upon application by a project applicant or property owner if different from the applicant. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.

3. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Development Plan, following the procedures set forth in this Section for Development Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.

4.02.030: Extensions of Legal Nonconforming Status
A. Purpose. The purpose of this Section is to establish a process whereby the date that a legal nonconforming use would lose its legal nonconforming status pursuant to Section 3.01.015 (Nonconforming Land Use) of this Development Code, may be extended to allow additional time to complete the sale of the affected property or structure, secure tenants for the affected property or structure, and/or obtain necessary permits or the completion of necessary improvements.

B. Applicability. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Extension of Legal Nonconforming Status application, and to impose reasonable conditions upon the approval of the application.

1. The submittal of an application requesting an Extension of Legal Nonconforming Status shall automatically extend the legal nonconforming status of a land use or structure for an initial period of 60 days to allow for the processing of the request pursuant to the procedures prescribed by this Section. The Zoning Administrator may then approve an additional 120-day extension, for a total of 180 days.

2. If due to unforeseen circumstances, a property/structure owner is unable to complete the sale of the affected property, secure necessary tenants for the property or structure, and/or obtain necessary permits and complete all necessary tenant improvements to allow for occupancy of the affected property or structure within the period established by Subsection B.2, above, (180 days), the Approving Authority may grant additional extensions, not to exceed a total of one-year.

C. Application Filing, Processing and Hearing. An Extension of Legal Nonconforming Status application shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. 357
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Ontario Development Code Page 4.02-17 (Rev. 12.03.2024) D. Findings and Decision. An Extension of Legal Nonconforming Status shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and comments and testimony provided by the public, only after considering and clearly establishing all of the below-listed findings, and giving reasons in support of each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The applicant has made a good faith effort to keep the nonconforming status;

2. A physical and/or economic hardship has prevented the nonconforming use from being reestablished prior to the expiration date;

3. Approving the extension will not adversely affect the character, integrity, or value of surrounding properties;

4. Approving the extension will not adversely affect the character, integrity, or general welfare of the neighborhood; and

5. The extension will not adversely impact the public health, safety, or welfare of the City's residents.

E. Conditions of Approval.

1. In approving an Extension of Legal Nonconforming Status, the Approving Authority, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

4.02.040: Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
A. Purpose. The purpose of this Section is to establish procedures by which Local Historic Landmarks and Districts, Historic Resource Tiering, and Architectural Conservation Areas may be designated
B. Applicability.

1. Designation of Historic Landmarks and Districts, Historic Resource Tiering and Architectural Conservation Areas. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Historic Landmark and District Designations, Historic Resource Tiering and Architectural Conservation Areas application. 358
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2. Local Landmark Designation. A historic resource may be designated an "historic landmark" by the City if it meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
a. The historic resource exemplifies or reflects special elements of the City's history;
b. The historic resource is identified with persons or events significant in local, state, or national history;
c. The historic resource is representative of the work of a notable builder, designer, architect, or artist;
d. The historic resource embodies distinguishing architectural characteristics of a style, type, period, or method of construction;
e. The historic resource is a noteworthy example of the use of indigenous materials or craftsmanship;
f. The historic resource embodies elements that represent a significant structural, engineering, or architectural achievement or innovation; g. The historic resource has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community, or the City;
h. The historic resource is one of the few remaining examples in the City, region, state or nation, possessing distinguishing characteristics of an architectural or historical type or specimen: or
i. The historic resource has yielded, or is likely to yield, information important to the City's history or prehistory.

3. Local Historic District Designation. A neighborhood or area listed as a historic resource may be designated a "Local Historic District" by the City if the neighborhood meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
a. The historic resource is a geographically definable area possessing a concentration of historic resources or a thematically related grouping of structures that contribute to each other and are unified by plan, style, or physical development, and embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values;
b. The historic resource reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design, or community planning; c. The historic resource is associated with, or the contributing resources are unified by, events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; or 359
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Ontario Development Code Page 4.02-19 (Rev. 12.03.2024) d. The historic resource is, or the contributing resources are, associated with the lives of persons important to the City, State or National history.

4. Additional Historic Resource Evaluation Criteria. In addition to the "significance," criteria established in Paragraph B.2 (Local Landmark Designation) and Paragraph B.3 (Local Historic District Designation) of this Section, historic resources must have "integrity" for the time in which they are "significant." The period of "significance" is the date or span of time within which significant events transpired or significant individuals made their important contributions. The term "integrity" means the authenticity of a historical resource's physical identity, as evidenced by the survival of characteristics or historic or prehistoric fabric that existed during the resource's period of significance. Only after significance has been established, should the issue of integrity be addressed. The following criteria should be considered when evaluating properties for integrity:
a. Design. Any alterations to the property should not have adversely affected the character defining features of the property. Alterations to a resource or changes in its use over time may have historic, cultural or architectural significance. b. Setting. Changes in the immediate surroundings of the property (e.g., buildings, land use and topography) should not have adversely affected the character of the property.
c. Materials and Workmanship. Any original materials should be retained, or if they have been removed or altered, replacements have been made that are compatible with the original materials.
d. Location. The relationship between a property and its location is an important component in determining integrity. The place where the property was built and where historic events occurred is often important to understanding why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in a few cases, the relationship between a property and its historic associations is destroyed if the property is moved.
e. Feeling. The term "feeling" means a property's expression of the aesthetic or historic sense of a particular period. It results from the presence of physical features that, taken together, convey the property's historic character. For example, a rural historic district, such as the Guasti Winery, retaining original design, materials, workmanship and setting, will relate the feeling of agricultural life in the 19th century.
f. Association. The term "association" means the direct link between an important historic event or person, and a historic property. A property retains its association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like "feeling," association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War battlefield, whose natural and manmade elements have remained intact since the 18th century, will retain its quality of "association" with the battle.

Because "feeling" and "association" depend upon individual perceptions, their retention alone is never sufficient to support eligibility. Historic resources must retain enough of their historic or prehistoric character or appearance to be recognizable as historic resources, and to convey the reasons for their significance.
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(Rev. 12.03.2024) Page 4.02-20 Ontario Development Code C. Application Filing, Processing, and Hearing. Historic Preservation—Historic Landmark and Historic District Designation applications shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Section.

All eligible historic resources nominated for designation as a Landmark or a Historic District shall be evaluated, processed, and designated a Tier pursuant to Subsection G (Historic Resource Tiering System) of this Section, concurrently with the application for landmark or historic district designation.

D. Local Historic Landmark and District Designation Application Findings and Decision.

1. Within the 30-day period following acceptance of a Historic Preservation—Historic Landmark and District Designations application as complete pursuant to the applicable provisions contained in Section 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Advisory Authority shall make a preliminary determination as to whether the requested Local Historic Landmark or Local Historic District designation is appropriate, based upon the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section. If it is determined that the proposed resource merits further consideration, the application shall be forwarded to the subsequent Advisory Authority. If the proposed resource does not merit further consideration due to failure of the property to meet the applicable designation criteria, the application shall be denied.

2. Upon receipt of the Advisory Authority's recommendation, the subsequent Advisory Authority shall make a recommendation to the Approving Authority to grant or deny a Historic Preservation—Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department's written report, after considering and clearly establishing the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion.

3. The Approving Authority may grant or deny a Historic Preservation—Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department's written report, after considering and clearly establishing the applicable designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion.

E. Permits. No building, alteration, demolition, or removal permits for any proposed Local Landmark or Local Historic District shall be issued after a Historic Preservation—Landmark or District Designation application has been filed with the Planning Department, until such time that any public hearing or appeal proceedings regarding the application have been completed.

F. Automatic Designations.

1. Any property listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic Landmark.

2. Any neighborhood or area listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic District.
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3. Any property identified as a contributing structure to a historic district listed on the National Register of Historic Places or the California Register of Historic Resources shall be considered a contributing structure within the historic district.

G. Historic Resource Tiering System. The Historic Preservation Commission shall be responsible for the adoption of the Historic Resource Tier Designation List, which shall be maintained by the Historic Preservation Subcommittee. A historic resource may be designated "Tier I, Tier II, or Tier III" by the Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code, to establish a ranking of historic resources within the City, based upon the determined significance of each resource, as specified below. For the purpose of this Section, upon determining the appropriate tier designation for a historic district, the Approving Authority may rank all contributing structures within that district into the same tier designation. Tier I, II and III historic resources shall be judged based upon their determined degree of significance, pursuant to the criteria contained in Subsection H (Historic Resource Tiering Criteria) of this Section.

1. Tier I. Tier I consists of historic resources that should not be demolished or significantly altered under any circumstances, regardless of their designation status. Resources within this tier are determined to be the City's most significant historical or cultural resources. Tier I resources shall meet one or more of the following:
a. A resource listed on the Ontario Register that meets at least one of the criteria within the Architecture/Form category, and 3 criteria within the History category, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or b. A contributing resource within a district that meets at least one of the criteria within the Architecture/Form Category and 3 criteria within the History Category as listed below.

2. Tier II. Tier II consists of historic resources wherein demolition of these properties should be avoided. Tier II resources shall meet one or more of the following:
a. Any historic resource listed or determined eligible for listing in the National Register of Historic Places;
b. Any historic resource listed or determined eligible for listing in the California Register of Historic Resources;
c. A historic resource listed on the Ontario Register and meets at least 2 criteria within the Architecture/Form or History categories, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or
d. A contributing resource within an eligible historic district wherein the district meets at least 2 of the criteria in either the Architecture/Form or History categories as listed in Subsection H (Historic Resource Tiering Criteria) of this Section.

3. Tier III. Tier III consists of historic resources that are Designated Local Historic Landmarks, are contributing properties within Designated Local Historic Districts, or are eligible historic resources. Demolition of these resources should be avoided where possible but may be appropriate under certain circumstances.

H. Historic Resource Tiering Criteria. The following listing contains criteria to be used in determining the Tier designation of a historic resource:
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1. Local Historic Landmark.
a. Architecture/Form.
(1) The resource is prototypical, or one of the finest examples, of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or
(2) The resource is the first, last, only, or one of the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
b. History.
(1) The resource is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation; (2) The resource is associated with a business, company, or individual that has made a significant cultural, social, or scientific contribution to the City, State, or Nation; (3) The resource is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation; (4) The resource embodies the ideals or principles of the "Model Colony" or furthers the ideals or principals established by the Chaffey Brothers; (5) The resource has a direct relationship to one of the principal historic contexts in the City's history, including the "Model Colony," (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry;
(6) The resource is related with a business, company, or individual significant in the agricultural history of the City; or (7) The resource is related to the archeological past of the region.

2. Local Historic Districts.
a. Architecture/Form.
(1) The district contains resources that are a prototype of, or one of the finest examples of, or the first, last, only, or few remaining groupings of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or (2) The district contains resources that are the first, last, only, or the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
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(1) The district is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation; (2) The district is associated with a business, company, or individual that has made a significant, cultural, social, or scientific contribution to the City, State, or Nation; (3) The district is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation; (4) The district embodies the ideals or principles of the "Model Colony," or furthers the ideals or principals established by the Chaffey Brothers; (5) The district has a direct relationship to one of the principal historic contexts in the City's history, including the "Model Colony," (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry, or the citrus industry; or (6) The district is related with a business, company, or individual significant in the agricultural history of the City.

I. Architectural Conservation Area. An area may be designated an "Architectural Conservation Area" by the Approving Authority if the area meets any one of the below-listed criteria; however, these criteria do not evaluate for historic significance. As a result, properties within Architectural Conservation Areas are not qualified for historic landmark or historic district consideration. The criteria for establishing an Architectural Conservation Area are as follows:

1. The area is geographically definable and conveys a sense of architectural cohesiveness through its design, setting, materials, workmanship, or association; or

2. The area reflects significant geographical patterns, including those associated with different areas of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design or community planning, or represents established and familiar visual features in the community.

3. Alternately, an area may be designated an Architectural Conservation Area by the City if a conservation plan has been prepared pursuant to Section 4.02.055 (Historic Preservation—Conservation Plans), outlining the character defining features of the neighborhood and appropriate design guidelines that will maintain the character of the neighborhood.

4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource A. Purpose. The purpose of this Section is to establish a process by which a historic resource may rescind or amend its assigned status, including a Local Landmark or Local District Designation, a Tier Designation, an Eligibility Determination, or an Architectural Conservation Area.

B. Applicability. The Approving Authority for the original application type, pursuant to Table

2.02-1 (Review Matrix) of this Development Code, is hereby empowered to approve, approve in modified form, or deny a request to rescind or amend the assigned status of a Local Historic 364
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C. Addition to the Ontario Register. Any property or grouping of properties surveyed at the intensive level pursuant to standards established by the California Office of Historic Preservation, and determined to meet the designation criteria for local historic landmarks or local historic districts set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Development Code, shall be determined by the Approving Authority to be an "eligible" historic resource.

D. Removal of Eligible or Nominated Historic Resources from the Ontario Register. An eligible historic resource or a nominated historic resource may be removed from the Ontario Register, as follows:

1. Any historic resource listed on the Ontario Register may be removed by the Approving Authority if the resource has lost all historic and/or cultural significance due to a catastrophe causing a loss of integrity, or the resource has lost all historical and/or cultural significance due to extensive legally performed alteration(s), which has caused a loss of integrity after the property was initially surveyed.

2. Any historic resource listed on the Ontario Register may be removed by the Approving Authority upon reevaluation of the resource at the request of the property owner, or upon initiation by the City, if the most recently prepared Historic Resource Survey evaluating the resource is more than 5 years old.

3. The Historic Preservation Subcommittee shall evaluate a historic resource utilizing the designation criteria set forth in Paragraph 4.02.040.B.2 (Local Landmark Designation) of this Division. Furthermore, when a historic resource is located within an eligible local historic district, the area or neighborhood shall also be evaluated using the designation criteria set forth in Paragraph

4.02.040.B.3 (Local Historic District Designation) of this Division, and shall be evaluated to determine if it contributes to the significance of the district. The Approving Authority may retain a noncontributing property within a proposed or potential historic district.

4. Any reevaluation of a property shall be valid for a 5-year period.

E. Amending or Rescinding a Local Landmark, Local Historic District, or a Tier Designation from the Ontario Register. A local landmark, local historic district, or a tier designation may be amended or rescinded from the Ontario Register, if:

1. It is discovered that the information relied upon by the Advisory Authority and/or Approving Authority in making the original designation, was erroneous or false;

2. New information compromises the significance of a historic resource;

3. The historic resource has been demolished, relocated, or removed; or

4. The historic resource has been rendered ineligible for designation due to a catastrophic event, beyond the owner's control, which has destroyed the resource to the point where it is considered a hazard to the public health and safety, and the restoration of the resource is not feasible.
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4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources
A. Purpose. The purpose of this Section is to establish a process to ensure that any alteration to, or demolition of, an eligible or designated historic resource within the City is in keeping with the historic character of the resource.

B. Applicability.

1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Certificate of Appropriateness application, and to impose reasonable conditions upon the approval of the application.

2. A Certificate of Appropriateness shall be required for any:
a. Alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource. Certificate of Appropriateness approval shall be required even if the City requires no other permits; b. For any work to the exterior of any noncontributing resource in a Historic District or on a historic property. A reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility; c. Infill development within a historic district or on a historic property; and d. Any demolition, whether in whole or in part, of a historic resource or a noncontributor within a designated historic district in conjunction with a demolition application.

3. No permit shall be issued for work on a historic resource until a Certificate of Appropriateness or Waiver has been issued in accordance with the provisions of this Division.

4. Once a Certificate of Appropriateness has been issued, the Planning Department, from time to time, shall inspect the work to ensure that it is being carried-out in compliance with the approved Certificate of Appropriateness and shall issue a Certificate of Completion prior to any final inspection or occupancy by any City Department to ensure the work has been satisfactorily completed.

C. Application Filing, Processing and Hearing. A Historic Preservation—Certificate of Appropriateness application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section, except as follows:

1. Determination of Significance.
a. Upon acceptance of a Historic Preservation—Certificate of Appropriateness application as complete for processing pursuant to Subsection 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Historic Preservation Subcommittee shall evaluate the affected historic resource for significance, which shall include a review conducted by the Planning Department consisting of an evaluation of the resource's eligibility for listing on the National Register of Historic Places, the California Register of Historic 366
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(Rev. 12.03.2024) Page 4.02-26 Ontario Development Code Resources, or the Ontario Register. The review may also include the preparation of a Historic Resource Survey, at the intensive level, pursuant to the standards set forth by the California Office of Historic Preservation.
b. A historic resource that does not meet the criteria for designation set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, and not located within a designated, proposed, or potential district, shall be removed from the Ontario Register and the Certificate of Appropriateness shall be deemed approved. A resource that meets the designation criteria set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, shall be further processed pursuant to this Section.

2. Environmental Review.
a. Upon determination that a historic resource is "significant," an environmental review shall be conducted pursuant to Section 2.02.020 (Environmental Review) of this Development Code; however, in determining the appropriate level of review for the demolition of a historic resource, the tiering system established pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division shall be utilized. b. Any historic resource proposed for demolition, which is determined to be within Tier III pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division, shall require preparation of an Addendum to The Ontario Plan Environmental Impact Report pursuant to the requirements of CEQA and the implementing guidelines, and City's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications. c. Any historic resource proposed for demolition, which is determined to be within Tier I or Tier II pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division, shall require preparation and certification of an Environmental Impact Report pursuant to the requirements of CEQA and the implementing guidelines, and City's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications.

3. Hearing. Each Advisory or Approving Authority shall hold at least one hearing on the application, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.

4. Advisory Authority Review and Recommendation. Following completion of all required environmental review pursuant to Paragraph C.2 (Environmental Review) of this Subsection, the Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form or deny the application. The Advisory Authority's recommendation shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority, within 60 days following the date the decision was rendered.

The 60-day time limit may be extended by mutual agreement of the applicant and City.

5. Approving Authority Review and Action.
a. Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, conditionally approve, or deny the application, either in whole or in part.

The action of the Approving Authority shall be by written decision, setting forth the basis for the 367
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b. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.

D. Findings and Decision.

1. Designated Historic Landmarks, Contributors, and Non-Contributors and Eligible Historic Resources.
a. A Historic Preservation—Certificate of Appropriateness application for Designated Historic Landmarks and Contributors, or Eligible Historic Resources, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established. (1) The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect any significant architectural feature of the resource;
(2) The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect the historic character or value of the resource;
(3) The proposed alteration, restoration, relocation, or construction will be compatible with the exterior character-defining features of the historic resource; and (4) The proposed alteration, restoration, relocation, or construction will not adversely affect or detract from the character of the historic district.

2. Demolition of Historic Resources.
a. A Historic Preservation—Certificate of Appropriateness and Demolition application for the Demolition Of Historic Resources shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. (1) The proposed demolition is necessary because all efforts to restore, rehabilitate, and/or relocate the resource have been exhausted; (2) The proposed demolition is necessary because
restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation;
(3) The proposed demolition is necessary because failure to demolish the resource would adversely affect or detract from the character of the District; and 368
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(Rev. 12.03.2024) Page 4.02-28 Ontario Development Code (4) The resource proposed to be demolished has been assigned a Tier III designation.

3. Instances Wherein Findings Are Not Required. The Approving Authority may act upon Historic Preservation—Certificate of Appropriateness and/or Demolition applications for Tier I and Tier II historic resources that are designated historic landmark contributors and noncontributors to historic districts, or eligible historic resources , without making the findings contained in Paragraph D.1 (Designated Historic Landmarks, Contributors, and Non-Contributors and Eligible Historic Resources) or Paragraph D.2 (Demolition of Historic Resources) of this Subsection, if a Historic Preservation—Certificate of Economic Hardship has been granted pursuant to Section 4.02.055 (Historic Preservation—Certificates of Economic Hardship) of this Division.

E. Conditions of Approval.

1. In approving Historic Preservation—Certificate of Appropriateness and/or Demolition applications, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.

3. In approving Historic Preservation—Certificate of Appropriateness and/or Demolition applications, the following conditions of approval shall be imposed, and shall be completed prior to commencing any demolition work:
a. Each historic resource shall be fully documented and cataloged pursuant to Historic American Building Survey/Historic American Engineering Record (HABS/HAER) standards, to provide a record of the resource, including, but not limited to: [i] the preparation of site plans, floor plans, exterior and interior elevations, and detail drawings of character defining features (such as moldings, stairs, etc.); and [ii] photographs of the resource, including the exterior, interior, and interior and exterior character defining features (such as moldings, light fixtures, trim patterns, etc.).
b. A mitigation fee established pursuant to Section 7.01.025 (Historic Preservation Mitigation Fee) shall be paid to the City prior to the issuance of a demolition permit for Tier III historic resources. Fees for Tier I and II historic resources shall be determined during the Environmental Impact Report process. The fees established for Tier III will be used as a reference point for establishing fees for Tier I and II historic resources. c. A Certificate of Appropriateness shall not be issued for the demolition of an historic resource, either in whole or in part, until such time that a demolition permit application and a replacement structure has been approved by the City, and appropriate permits have been issued for its construction, unless: [i] a waiver is granted pursuant to Subsection H (Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts) of this Section; [ii] a deferral of the replacement structure requirement is granted pursuant to Subsection G 369
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Ontario Development Code Page 4.02-29 (Rev. 12.03.2024) (Replacement Structure Deferral) of this Section; or [iii] demolition is required pursuant to Section

7.01.050 (Unsafe or Dangerous Conditions) of this Development Code. d. In an effort to preserve features and artifacts from historic resources, a determination whether items within or on the resource should be salvaged must be made by the Planning Department and may include the local historical society prior to the issuance of the demolition permit. The applicant shall be responsible for the removal, relocation, storage, and donation of such items selected for salvaging. The applicant shall provide an inventory of salvaged items to the Planning Department, and shall include a list of each item name, description and dimension (as necessary), and the location of each item on a floor plan.

F. Certificate of Appropriateness Waivers. The Approving Authority may waive the requirement for Certificate of Appropriateness approval for certain alterations, restorations, rehabilitations, remodeling, repainting, resurfacing, and additions to historic resources, as follows:

1. A waiver may be issued for work that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the guidelines set forth in Division 7.01 (Historic Preservation) of this Development Code.

2. A waiver may be issued for minor alterations to historic resources, provided no change in appearance occurs or the proposed change restores period features, including but not limited to, chimneys; fences and walls, including construction, demolition, or alteration of side, rear and front yard fences and walls; foundations; landscaping, unless the Landmark designation specifically identifies the landscape, layout, features or elements as having particular historical, architectural or cultural merit; roofing, provided a 30 year dimensional shingle, or an aesthetically equivalent dimensional shingle is used, and the replacement shingle must maintain the architectural character of the historic resource in terms of scale, pattern, texture, and coloration; and signage, including directional, monument, wall and window signs.

3. A waiver may be issued for the construction of residential accessory structures and additions less than 650 SF in area or 50 percent of the existing original historic building area, whichever is less, to historic resources that are not visible from a public right-of-way, excluding public alleys.

G. Replacement Structure Deferral. The Approving Authority may defer the obligation to construct replacement structures as a requirement for approval of the demolition of a historic resource, if the ultimate project proposed for the site of the demolition provides an exceptional benefit to the community.

1. Findings. A Replacement Structure Deferral shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and any public testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. a. The demolition is necessary to allow the acquisition and assembly of land for a future redevelopment or housing project within a redevelopment project area; b. The future project will provide exceptional benefits to the City with respect to employment, fiscal, social, housing and economic needs of the community, or will provide new 370
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(Rev. 12.03.2024) Page 4.02-30 Ontario Development Code public facilities that are needed by the City (such as off-site improvements, parks, open space, recreation, or other community facilities, not including parking lots); and c. Failure to demolish the historic structures could hinder the ability of the City to revitalize or redevelop a blighted lot or area of the City or meet housing production requirements.

2. Condition of Approval. In granting a deferral of the replacement structure requirement, the Approving Authority shall impose a condition of approval requiring any new project on the subject site to be designed pursuant to the infill development guidelines listed in Subsection I (Infill Development Guidelines) of this Section, to insure compatibility with the surrounding area or neighborhood. The Historic Preservation Subcommittee shall make a recommendation to the Approving Authority for the replacement structure regarding compliance with the infill development guidelines.

H. Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts. The Approving Authority may waive the obligation to construct replacement structures as a requirement for approval of the demolition of a Tier III Historic Resource, if the site is located in an Industrial Zone. The waiver shall be acted on based upon the information provided in the submitted application, after considering and clearly establishing all of the below-listed findings and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The Tier III Historic Resource is a residential building located in an Industrial Zoning District;

2. Approving the deferral will not adversely affect the character, integrity, general welfare of the surrounding neighborhood, residents, and adjacent properties;

3. Conversion and/or rehabilitation of the residential home is not economically feasible, demonstrated through market analysis, construction costs, structural reports, property and building conditions assessments, and/or any other study/report deemed necessary by the Planning Director;
I. Infill Development Guidelines. The following infill development guidelines shall be incorporated into the design of all new structures proposed within a designated, proposed, or potential Historic District, or on a historic property, pursuant to this Division:

1. New buildings, structures, or improvements constructed within a historic district shall be designed to be compatible with the architectural style, features, and historic character of the district.

2. New buildings shall be compatible with the original style of the contributing buildings within a historic district. The design of the new building shall incorporate the following considerations:
a. The design shall incorporate the design features and details of contributing structures;
b. The height, width, and length of the new building shall be consistent with the original characteristic of the contributing structures; and 371
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Ontario Development Code Page 4.02-31 (Rev. 12.03.2024) c. The exterior materials and treatment shall be similar to the contributing structures.

3. New buildings, structures, and/or improvements constructed on a historic property shall be designed to be compatible with the architectural style and features of contributing historic buildings located on the historic property.

4. New buildings shall be compatible with the original architectural style of the contributing historic buildings on the historic property. The design of the new building shall incorporate the following considerations:
a. The design shall incorporate the design features and details of the historic structure;
b. The height, width, and length of the new building shall be consistent with the original characteristic of the historic building; and c. The exterior materials and treatment shall be similar to the historic building.

J. Certificate of Appropriateness Modification/Revision.

1. Historic Preservation—Certificates of Appropriateness and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).

3. Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation—Certificate of Appropriateness, following the procedures set forth in this Section for Historic Preservation— Certificate of Appropriateness approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.

4.02.055: Historic Preservation—Certificates of Economic Hardship A. Purpose. The purpose of this Section is to establish a process to ensure that denial of a Certificate of Appropriateness and/or a Demolition Application does not create any undue hardship upon the owner of a Tier I or Tier II historic resource.

B. Applicability.

1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Certificate of Economic Hardship application. 372
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2. A Certificate of Economic Hardship may be filed concurrently with a Certificate of Appropriateness and/or Demolition Application in cases where the alteration, restoration, rehabilitation, remodel, addition to a historic resource, or demolition, partially or in whole, in compliance with the Certificate of Appropriateness and/or Demolition Application, would cause an immediate and substantial financial hardship. Furthermore, the denial of the Certificate of Appropriateness and/or Demolition Application would deny the property owner all reasonable beneficial use of, or return on, the property.

3. No action shall be taken to demolish or otherwise alter the historic resource for a period of 14 days following the issuance of a Certificate of Economic Hardship.

C. Application Filing, Processing and Hearing. A Historic Preservation—Certificate of Economic Hardship application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

D. Findings and Decision. A Historic Preservation—Certificate of Economic Hardship application shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. Denial of the application will diminish the value of the subject property so as to leave substantially no value;

2. Sale or rental of the property is impractical, when compared to the cost of holding the property for uses permitted in the underlying zoning district;

3. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;

4. Rental at a reasonable rate of return is not feasible;

5. Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community, and

6. All means involving City sponsored incentives, such as a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements, have been explored to relieve possible economic disincentives.

4.02.060: Historic Preservation—Conservation Plans
A. Purpose. The purpose of this Section is to establish a process to expedite the review process for project areas in which numerous historic resources within a single project area would require the issuance of multiple Certificates of Appropriateness for proposed work to those Historic Resources.

B. Applicability. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny 373
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Ontario Development Code Page 4.02-33 (Rev. 12.03.2024) a Historic Preservation—Conservation Plan application and to impose reasonable conditions upon the approval of the application.

C. Application Filing, Processing and Hearing. A Historic Preservation—Conservation Plan application shall be filed, processed, and acted upon pursuant to the requirements for Historic Preservation—Certificates of Appropriateness, contained in Section 4.02.050 (Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources) of this Development Code, and the provisions of this Section.

D. Findings and Decision. A Historic Preservation—Conservation Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect any significant architectural feature of Historic Resources;

2. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect the historic character or value of Historic Resources;

3. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will be compatible with the exterior features of other improvements within the plan area; and

4. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not adversely affect or detract from the character of the plan area.

E. Conditions of Approval.

1. In approving a Historic Preservation—Conservation Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.

F. Conservation Plan Modification/Revision.

1. Historic Preservation—Conservation Plans and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing). 374
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Modifications/revisions are considered minor in nature if in the opinion of the Zoning Administrator, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.

3. Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation—Conservation Plan, following the procedures set forth in this Section for Historic Preservation—Conservation Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.

4.02.065: Historic Preservation—Mills Act Contracts
A. Purpose. The purpose of this Section is to establish a process by which economic incentives may be provided for the preservation of a designated historic landmark or contributing structure within a designated historic district.

B. Applicability.

2. Pursuant to GC Section 50280, et seq., the owner(s) of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, may request to enter into a Mills Act Contract with the City.

C. Application Filing, Processing and Hearing.

1. Historic Preservation—Mills Act Contract applications shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

2. The owner shall furnish the Approving Authority with any information the Approving Authority shall require in order to enable it to determine the eligibility of the property involved.

D. Findings and Decision.

1. A Historic Preservation—Mills Act Contract shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing [i] the eligibility of the property involved, [ii] the appropriateness and sequencing of the improvements proposed, and [iii] the fiscal benefits derived from those improvements.

2. No later than 20 days after the City enters into a Mills Act Contract with an owner pursuant to this Section, the City Clerk shall record a copy of the Contract with the county recorder, which shall fully describe the affected property. 375
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Ontario Development Code Page 4.02-35 (Rev. 12.03.2024) E. Required Contract Provisions. Pursuant to GC Section 50281, any Mills Act Contract entered into under this Section shall contain the following provisions:

1. The term of the Contract shall be for a minimum period of 10 years.

2. Where applicable, the Contract shall provide for the following:
a. The preservation of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code; b. The periodic examinations of the interior and exterior of the premises by the City, San Bernardino County Assessor, the Department of Parks and Recreation, and the State Board of Equalization, as may be necessary to determine the owner's compliance with the Contract; and
c. The Contract shall be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the Contract as the original owner who entered into the Contract.

F. Term of Contract. Each Mills Act Contract shall provide that on the anniversary date of the Contract, or other annual date specified in the Contract, a year shall be automatically added to the initial term of the Contract unless notice of nonrenewal is given pursuant to Subsection G (Contract Nonrenewal), below. If the property owner or the Approving Authority desires within any year not to renew the Contract, that party shall serve written notice of nonrenewal of the Contract on the other party in advance of the annual renewal date of the Contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the Approving Authority at least 60 days prior to the renewal date, one year shall be automatically added to the term of the Contract.

G. Contract Nonrenewal.

1. Upon receipt by the owner of a notice of nonrenewal from the Approving Authority, the owner may make a written protest of the notice. The Approving Authority may, at any time prior to the renewal date, withdraw the notice of nonrenewal.

2. If, within any year, the Approving Authority or the owner serves notice of intent not to renew the Contract, the existing Contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the Contract, as applicable.

H. Contract Cancellation.

1. The Approving Authority may cancel a Mills Act Contract if it determines that the owner has breached any of the conditions of the Contract provided for in this Section or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. The Approving Authority may also cancel a Contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the Contract.
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2. A Mills Act Contract shall not be canceled until after the Reviewing Authorities have given notice of, and has held, a public hearing on the matter pursuant to Division 2.03 (Public Hearings) of this Development Code.

3. If a Mills Act Contract is canceled pursuant to Paragraph G.1, above, the owner shall pay a cancellation fee equal to 12.5 percent of the current fair market value of the property, as determined by the county assessor as though the property were free of the contractual restriction.

4. As an alternative to cancellation of a Mills Act Contract for breach of any condition, the City, or any landowner may bring any action in court necessary to enforce a Contract, including, but not limited to, an action to enforce the Contract by specific performance or injunction.

5. In the event that property subject to Mills Act Contract under this Section is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the Approving Authority to frustrate the purpose of the Contract, the Contract shall be canceled and no fee shall be imposed as required under Paragraph G.3, above. Furthermore, the Contract shall be deemed null and void for all purposes of determining the value of the acquired property.

I. Amendment to Work Program. Upon request of the property owner(s), the Planning Director may approve amendments to a Mills Act Contract Work Program, subject to the following:

1. The items listed in the proposed Work Program are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the guidelines set forth in this Development Code;

2. The Work Program shall be completed within the 10-year period following Contract enactment, unless extended by action of the City Council; and

3. The proposed Work Program shall have an equal or greater preservation and monetary value than the previously approved Work Program.

4.02.070: Master Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing official Master Plans of the City, whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Applicability.

1. The Approving Authority is hereby empowered to approve, approve in modified form, or deny an official Master Plan of the City, or any amendment thereto, and to impose reasonable conditions upon the Master Plan approval.

2. The Master Plans subject to the provisions of this Section include the following:
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Ontario Development Code Page 4.02-37 (Rev. 12.03.2024) a. 5-Year Capital Improvement Program (CIP) Master Plan prepared pursuant to GC Section 66540.32(b)(2)(H);
b. Fiber Optic Master Plan;
c. Parks Master Plan;
d. Citywide Streets Master Plan;
e. Sewer Master Plan;
f. Storm Drain Master Plan;
g. Water/Recycled Water Master Plan.

3. A Master Plan of the City shall be an internally consistent, action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear and concise policy guidance.

C. Application Filing, Processing, and Hearing. The adoption of a Master Plan of the City, or any amendments thereto, carried-out pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

D. Findings and Decision.

1. A Master Plan or amendment thereto, shall be acted upon by the Approving Authority, upon recommendation of the Advisory Authority.

2. The actions of the Approving and Advisory Authorities shall be based upon the evidence presented in the departmental written report and testimony provided during the public hearing, only after considering and clearly establishing that the proposed Master Plan, or any amendment thereto, promotes and/or is consistent with the goals and policies of The Ontario Plan, and giving supporting reasons for the finding. A Master Plan shall be denied if reasons supporting the required finding cannot be clearly established.

E. Conditions of Approval.

1. In approving a Master Plan or any amendment thereto, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
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4.02.075: Sign Programs
A. Purpose. The purpose of this Section is to establish a process whereby a Sign Program may be required to provide coordinated signing within development projects, utilizing common design elements and integrating the design of signs with the building and landscape design, to form a unified architectural statement.

B. Applicability.

1. Within any commercial, mixed-use, industrial, or specialized use or overlay zoning district, a Sign Program shall be submitted for any multi-tenanted building, complex or center, which shall fully comply with Section 8.01.020.F (Sign Programs) of this Development Code.

2. The Approving Authority is hereby empowered to approve, approve in modified form, or deny, either in whole or in part, a Sign Program on the basis of the application, supporting plans and documentation, and evidence submitted by the applicant.

C. Application Filing and Processing. A Sign Program shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, the provisions of this Section, and the requirements of Subsection 8.01.020.F (Sign Programs) of this Development Code.

D. Decision. A Sign Program shall be acted upon only after considering and clearly establishing [i] that the Sign Program is in conformance with the provisions of this Section and Division 8.01 (Sign Regulations) of this Development Code, and [ii] that any deviations from Division

8.01 (Sign Regulations) of this Development Code, as allowed by the Sign Program, are limited only to those set forth in Paragraphs 8.01.020.F.2 and F.3 of this Development Code.

4.02.080: Specific Plan Minor Adjustments/Alterations
A. Purpose. The purpose of this Section is to establish a procedure by which minor departures from the strict application of the development standards and/or design guidelines established by a Specific Plan may be approved, provided the requested departure is in the interest of furthering the goals and policies of the affected Specific Plan and The Ontario Plan.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Specific Plan Minor Adjustments/Alterations application, and to impose reasonable conditions upon the approval of the application.

2. The following constitute minor adjustments/alterations, not requiring a Specific Plan Amendment and/or update of the affected specific plan:
a. A net change of not more than 15 percent to the number of units within an individual residential area, provided the total number of units for the entire specific plan area does not exceed that established in the affected specific plan; 379
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Ontario Development Code Page 4.02-39 (Rev. 12.03.2024) b. Adjustment/alteration of a residential planning area boundary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;
c. Minor adjustments/alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan's development standards and design guidelines; d. Minor adjustments/alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation; e. Other adjustments/alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and f. Adjustments/alterations in street alignments and dimensions that are deemed appropriate by the City Engineer, which are in keeping with the purpose and intent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, provided the changes do not impact the sizing of master planned infrastructure.

C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, a Specific Plan Minor Adjustments/Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.

D. Findings and Decision. A Specific Plan Minor Adjustments/Alterations shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The proposed Specific Plan Minor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the specific plan;

2. The proposed Specific Plan Minor Adjustment/Alteration is reasonable and beneficial, and in the interest of good planning practice; and

3. The proposed Specific Plan Minor Adjustment/Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.

4.02.090: Subdivisions—Reversions to Acreage
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.30), pertaining to the unmerger of parcels (reversions to acreage).

B. Applicability.
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1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Reversion to Acreage application and to impose reasonable conditions upon the approval of the application.

2. Proceedings for Reversion to Acreage may be initiated by the City Council or by petition of all of the property owners of record of the real property within a subdivision.

C. Application Filing, Processing and Hearing. A Reversion to Acreage application (petition by property owners) shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

D. Findings and Decision. A Reversion to Acreage shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.

1. The proposed Reversion to Acreage is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;

2. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

3. Either:
a. All owners of an interest in the real property within the subdivision have consented to reversion; or
b. None of the improvements required to be made have been made within 2 years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or c. No lots shown on the final map or parcel map have been sold within 5 years from the date the map was filed for recordation.

E. Conditions of Approval.

1. In approving a Reversion to Acreage request, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s); and ensure compliance with GC Section 66499.17.

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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Ontario Development Code Page 4.02-41 (Rev. 12.03.2024) F. Filing of Parcel Map.

1. A parcel map submitted for the purpose of reverting to acreage shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements that are to be vacated or abandoned, and a parcel map in a form acceptable to the City Engineer, which delineates any streets or easements that are to remain in effect after the reversion.

2. After approval of the reversion by the Approving Authority and City Engineer, the parcel map shall be delivered to the County Recorder. The reversion shall be effective upon the recordation of the parcel map by the County Recorder.

3. The filing of the parcel map shall constitute abandonment of all streets and easements not shown on the parcel map and shall constitute a merger of the separate lots into one lot, and shall thereby be shown as a single lot on the assessment roll of the County Assessor, subject to the provisions of GC Section 66445.

4. Except as provided in GC Section 66445(f), on any parcel map used for reverting acreage, a certificate shall appear, signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.

G. Return of Fees and Deposits, and Release of Securities. Return of fees and deposits, and release of securities shall be in accordance with GC Section 66499.19.

H. Merger and Resubdividing Without Reversion.

1. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by Section 4.02.095 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Division, and the Subdivision Map Act (commencing with GC Section 66410).

2. The filing of the final map or parcel map shall constitute legal merging of the lots into one lot and the resubdivision of the lot, which will thereafter be shown with the new lot boundaries on the assessment roll of the County Assessor.

3. Any unused fees or deposits pertaining to the resubdivided property shall be credited pro rata towards any of the requirements for the same purposes that are applicable at the time of resubdivision.

4. Any streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map.

5. After approval of the merger and resubdivision by the Approving Authority, the map shall be delivered to the San Bernardino County Recorder. The filing of the map shall constitute legal merger and resubdivision of the affected land and shall constitute abandonment of all public streets or public easements not shown on the map. 382
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4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66410), pertaining to the review, regulation, and control of the design of subdivisions, and to achieve the following:

1. Assist in implementing the Vision, Policy Plan (General Plan) and City Council Priorities components of The Ontario Plan;

2. Encourage orderly development of the City through the regulation and control of the design and improvement of subdivisions, with a proper consideration of its relationship to adjoining areas;

3. Ensure that the areas within a subdivision that are dedicated for public purposes will be properly improved by the subdivider so that they will not become an undue burden on the community;

4. Protect the public and individual transferees of land from fraud and exploitation;

5. Provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

6. Provide streets of adequate capacity and design for the traffic that will utilize them and to ensure maximum safety for pedestrians and vehicles;

7. Provide sidewalks or pedestrian ways where needed for the safety and convenience of pedestrians;

8. Identification and preservation of the cultural resources and natural assets of the City;

9. Prevent the indiscriminate clearing of property and the destruction of desirable landscape features;

10. Ensure adequate access to each building site, and safeguard the public safety and welfare through superior subdivision design;

11. Provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities necessary to the public health, safety, and convenience;

12. Provide adequate sites for public facilities necessary to serve the residents of the new developments; and

13. Ensure that the costs of providing land for streets, alleys, pedestrian ways, easements, and other rights-of-way, and for the improvements therein needed to serve new developments, are borne by the subdivider rather than by the taxpayers of the City at large.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Tentative Tract 383
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Ontario Development Code Page 4.02-43 (Rev. 12.03.2024) Map, Tentative Parcel Map, Vesting Tentative Tract Map, or Vesting Tentative Parcel Map, and to impose reasonable conditions upon the approval of the application pursuant to the provisions of the Subdivision Map Act (commencing with GC Section 66410), Planning and Zoning Law (commencing with GC Section 65000) and the California Environmental Quality Act (commencing with PRC Section 21000).

2. Each proposed parcel map, tract map or vesting parcel or tract map shall be submitted to the City in the form of a tentative map, which shall include an identifying map number issued by the office of the San Bernardino County Surveyor. All tentative maps shall be prepared by a state-licensed land surveyor or state-registered civil engineer authorized to practice land surveying.

C. Application Filing, Processing and Hearing. A Tentative Subdivision Map application shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

D. Findings and Decision. A Tentative Subdivision Map shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.

1. The proposed map is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and applicable area and specific plans, and planned unit developments;

2. The design or improvement of the proposed subdivision is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and applicable specific plans and planned unit developments;

3. The site is physically suitable for the type of development proposed;

4. The site is physically suitable for the proposed density of development;

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. The design of the subdivision or type of improvements are not likely to cause serious public health problems; and

7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

E. Conditions of Approval.

1. In approving a Tentative Subdivision Map, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental 384
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(Rev. 12.03.2024) Page 4.02-44 Ontario Development Code impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

F. Tentative Map Modification/Revision.

1. Tentative maps and/or their conditions of approval may be modified/revised upon application by the subdivider or property owner if different from the subdivider. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.

2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original tentative map approval, do not affect off-site properties and there are no resulting inconsistencies with this Development Code. The following modifications/revisions are considered minor in nature:
a. Modifications/revisions affecting less than 20 percent of the total number of lots in the subdivision, provided there is no increase in the total number of lots within the subdivision; and
b. Any other changes that, in the opinion of the Planning Director and City Engineer, do not involve substantial changes to the map or the conditions of approval, and do not affect surrounding properties.

3. Any other amendment or modification of an approved tentative subdivision map shall be processed as a revised tentative map, following the procedures set forth in this Section for tentative subdivision map approval, except that modification/revision approval shall not alter the original expiration date of the tentative map.

G. Vesting Tentative Maps.

1. Filing and Processing of Vesting Tentative Maps. A vesting tentative map shall be filed in the same form; shall have the same content, accompanying data and reports; and shall be processed in the same manner described for tentative maps in Subsections A through F of this Section, except as stated below:

2. Development Rights.
a. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in GC Section 66474.2. However, if GC Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
385
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Ontario Development Code Page 4.02-45 (Rev. 12.03.2024) b. Notwithstanding Subparagraph G.2.a of this Section, a permit, approval, extension, or entitlement may be made conditional or may be denied if any of the following are determined:
(1) Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; and/or (2) The condition(s) or denial is required in order to comply with state or federal laws.
c. The provisions of this Subparagraph shall not:
(1) Limit the City from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Paragraph G.1 (Filing and Processing of Vesting Tentative Maps) of this Section; and
(2) Diminish or alter the types of conditions that may be imposed by the City on a development or the City's power to protect against a condition dangerous to the public health or safety.

3. Modifications/Revisions to Vesting Tentative Maps. At any time prior to the expiration of a vesting tentative map, the subdivider, their successor, or their assignee, may apply for a modification to the map. A public hearing shall be held by the Approving Authority on any application involving a modification to the vesting tentative map, or by the development related thereto, following procedures set forth for the modification of tentative maps contained in Subsection F (Tentative Map Modification/Revision) of this Section. Approval of a modification to a vesting tentative map, or development related thereto, shall be evaluated for compliance with the City regulations, standards, and policies in effect at the time the original vesting tentative map was deemed complete.
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Ontario Development Code Page 4.03-1 (Rev. 12.03.202411.04.2025) Division 4.03—Ministerial (Administrative) Permits and Decisions Sections:

4.03.000: Purpose

4.03.005: Applicability

4.03.010: Historic Preservation—Adaptive Reuse Plan

4.03.015: Administrative Use Permits

4.03.020: Sign Plans

4.03.025: Subdivisions—Certificates of Compliance

4.03.030: Subdivisions—Final Maps and Parcel Maps

4.03.035: Subdivisions—Lot Line Adjustments

4.03.040: Subdivisions—Map Corrections and Amendments

4.03.045: Subdivisions—Parcel Map Waiver

4.03.050: Subdivisions—Lot Merger (Merger of Contiguous Parcels)

4.03.055: Administrative Exceptions

4.03.060: Fair Housing and Reasonable Accommodations

4.03.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of ministerial (administrative) permits or decisions by the Reviewing Authorities established by Table 2.02-1 (Review Matrix) of this Development Code. Ministerial permits and decisions consist of City actions and determinations that involve little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements.

4.03.005: Applicability
The Reviewing Authorities established by Table 2.02-1 (Review Matrix) of this Development Code shall consider a ministerial permit or decision pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are specific to each discretionary permit or action stipulated herein.

4.03.010: Historic Preservation—Adaptive Reuse Plan
A. Purpose. The purpose of this Section is to establish a procedure by which Adaptive Reuse Plans may be approved by the City, while at the same time:

1. Provide a more efficient way for qualified historic buildings and adaptive reuse projects to meet development, building, and fire protection standards;

2. Promote adaptive reuse as part of broader goals supporting historic preservation, economic development, environmental sustainability and resilience, and recognize the social value of historic buildings;
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3. Incentivize building reuse to encourage activation of Downtown Ontario where there is a large collection of commercial and industrial historic buildings that are worthy of preservation;

4. Eliminate or allow nonconformance with certain development regulations that would make adaptive reuse of qualified historic buildings infeasible, including such standards related to parking and loading, height, density, floor-area ratio, and open space; and

5. Allow alternative building and fire code compliance for qualified adaptive reuse projects able to demonstrate an alternative means or method of protecting public health, safety, and welfare.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Adaptive Reuse Plan application, and to impose reasonable conditions upon the approval of the application.

2. Adaptive Reuse Plan approval shall allow for those land uses identified in Table

5.02-1 (Land Use Matrix) of this Development Code, which allows for a broad range of land uses of the underlying zoning district in which the site is located. However, no new uses that emits noxious odors or excessive noise shall be allowed, unless it can be demonstrated to the satisfaction of the Planning Director that the use will not cause adverse impacts to nearby residential land uses.

3. Qualifying buildings include those listed on the National Register of Historic Places, on the California Register of Historic Resources, Ontario Register of Historic Resources as designated local landmarks or contributors to designated local historic districts located within the Adaptive Reuse Plan Area.

4. Adaptive Reuse projects are construction and remodeling projects that reconfigure existing spaces within existing buildings to accommodate a new use or purpose other than what it was originally designed for. Adaptive Reuse projects require a change of use and building occupancy from office or commercial to residential, industrial to work/live, residential to office or commercial, or assembly to residential, office or commercial.

5. Application Filing and Processing. An Adaptive Reuse Plan application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Plans and reports prepared for an Adaptive Reuse Plan shall be prepared by a California licensed architect meeting the minimum qualifications standards of The Secretary of the interior Professional Qualifications (Code of Federal Regulations, 36 CFR Part 61).

C. Adaptive Reuse Plan Area. This area consists of the City’s original downtown, and extends north to include the historic districts adjacent to Euclid Avenue, the boundary of which is as follows:

Beginning at the intersection of the centerlines of State Street and San Antonio Avenue, thence north to the northernmost city boundary, thence east to the centerline of Sultana Avenue, thence south to the centerline of I Street, thence east to the centerline of Campus Avenue, thence south to the centerline of State Street, thence west to the point of beginning.
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Ontario Development Code Page 4.03-3 (Rev. 12.03.202411.04.2025) D. Alternative Building and Fire Code Regulations. The alternative building and fire codes regulations adopted in this Section are applicable to qualified buildings and adaptive reuse projects.

1. Alternative Codes. Use of the California Historic Building Code, International Existing Building Code, California Health and Safety Code and the Ontario Adaptive Reuse Plan Technical Manual shall provide a process and the ability for the Building Official and Fire Marshal to consider alternative building standards while ensuring adequate health and safety protections.

2. In permitting repairs, alterations, and additions necessary to accommodate adaptive reuse projects, the alternative code regulations shall impose requirements that will, in the determination of the Building Official and the Fire Marshal, protect the public health, safety, and welfare.

3. Nothing in this Section shall be construed to allow the reduction of existing seismic or fire and life-safety elements of an eligible building where such elements provide a greater level of protection than the minimum requirements established by this Section.

4. Subject to the approval of the Building Official and Fire Marshal, the use or occupancy type of a qualified building shall be allowed to be changed as part of an adaptive reuse project without conforming to all requirements of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code provided the new or proposed occupancy is equally or less hazardous, based on life and fire risk, than the existing use.

5. Whenever there are practical difficulties involved in carrying out the provisions of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code, the Building Official and Fire Marshal shall have the authority to grant modifications for individual cases, provided the Approving Authority shall first find that special individual reasons make the strict letter of the local codes impractical and the modification is in compliance with the intent and purpose of the local codes and that such modification does not lessen health, life and safety requirements.

F. Incentives. The Planning Director may grant the following departures from certain development standards and requirements to incentivize qualified Adaptive Reuse Plans:

1. Development Plan Waived. Approved Adaptive Reuse Plans, which may allow for new additions up to 25 percent of the existing building floor area and is not visible from the public right-of-way, shall be exempt for the requirements for Development Plan review set forth in Section

4.02.025.

2. Mezzanines. Loft spaces in joint living and work quarters, dwelling units and guest rooms which do not exceed more than 33 percent of the floor area of the space below shall not be considered new floor area. Mezzanines may be included in the calculation of floor area for the purpose of determining compliance with the standards set forth in Paragraph (E) of this subdivision.

3. Parking Reduction. New parking spaces shall not be required for any converted use within the existing footprint of the building, but expansions to floor area shall require one parking space per bedroom or one parking space per 250 square feet of gross floor area for office or commercial.
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4. Setbacks. Existing building setbacks may remain and shall be considered legally nonconforming, but no further encroachments shall be permitted into any nonconforming setback.

5. Increases in Maximum Building Height. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legally nonconforming. Any rooftop construction needed for drainage, ventilation, utilities, or passive recreation shall be included within the height exemption. This height exemption does not include new residential or commercial floor area.

6. Open Space. Private open space for residential adaptive reuse projects may be waived when it is determined by the Approving Authority that the requirement would result in exterior alterations to the existing building that would result in an adverse impact to a historic resource. A minimum of 100 square feet of common open space per residential unit or 25 percent of the building square footage, whichever is less, shall be required and may be provided on the rooftop of the building or within the building and include various type of indoor amenities such as fitness center, workstations, playrooms, etc.

7. Loading Zone. A new loading zone shall not be required if the existing building does not have an existing loading zone.

G. Standards. Adaptive Reuse Projects permitted pursuant to this subdivision shall be developed in compliance with the following standards:

1. Minimum Dwelling Units. Adaptive reuse projects that propose residential shall develop no less than 3 units. The minimum floor area for new dwelling units and joint living and work quarters shall be 450 square feet. Floor area shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building. The floor area of both the living space and the workspace shall be combined to determine the size of joint living and work quarters. The average floor area, as defined above, of all the dwelling units and joint living and work quarters in the building, including those that existed prior to the effective date of this ordinance, shall be at least 750 square feet. That minimum average size shall be maintained and not reduced.

2. Storefront. Ground floor of an existing multiple level commercial building shall contain street frontage and shall be used as a commercial storefront. Residential on ground may occur at the rear of the building behind the storefront.

3. Exterior or Interior (Public Space) Alterations. A Certificate of Appropriateness pursuant to Section 4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources is required for any alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource.

4. Other Provisions. Floor Area Ratio (FAR), Landscaping, Lot Coverage, and any other development standard of the underlying zone may be waived by the Approving Authority.

H. Conditions of Approval.

1. In approving an Adaptive Reuse Plan, the Planning Director may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in 391
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Ontario Development Code Page 4.03-5 (Rev. 12.03.202411.04.2025) harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

I. Findings and Decision. An Adaptive Reuse Plan, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. That the use(s) of the property will not be detrimental to the public health, safety and general welfare surrounding the project location;

2. That the Adaptive Reuse Project complies with the standards set forth in Section

4.03.010 (F) of this Development Code; and

3. A Certificate of Appropriateness has been approved or Waived for the Adaptive Reuse Plan.

4.03.015: Administrative Use Permits
A. Purpose. The purpose of this Section is to establish a procedure by which Administrative Use Permits may be issued by the City, while at the same time:

1. Eliminating any possibility for the exercise of unfettered discretion during the application review process through the establishment of reasonable and uniform regulations that will reduce possible adverse effects that uses subject to this Section may have upon the residents of the City; and

2. Establishing a process whereby the unique operating characteristics of the uses subject to this Section may be properly conditioned through an individual review, in order to ensure compatibility with surrounding uses of property, and preserve the integrity of the residential, commercial, mixed-use, and industrial areas of the City.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Administrative Use Permit application, and to impose reasonable conditions upon the approval of the application.

2. Administrative Use Permit approval shall be required for those land uses so identified in Table 5.02-1 (Land Use Matrix) of this Development Code, excepting the following temporary and interim land uses:
a. Car Washes for Fundraising Purposes. Car washes shall be conducted by a qualifying sponsoring organization within a nonresidential zoning or land use district. Sponsorship 392
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(Rev. 12.03.202411.04.2025) Page 4.03-6 Ontario Development Code shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax-exempt organizations in compliance with Federal Internal Revenue Code Section 501(c). Exempt temporary car washes for fundraising purposes shall be limited to one event per month at each location the activity is conducted and shall be limited to a maximum of 2 days duration.
b. Emergency Public Health and Safety Activities and Facilities. Temporary activities and facilities associated with emergency public health and safety needs of the City, State, and federal governments.
c. Film/Video Making. Temporary filming, photography, and videography, and production activities associated with a Film Permit issued by the City.

C. Application Filing and Processing. An Administrative Use Permit application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

D. Decision.

1. An Administrative Use Permit shall be acted upon by the Approving Authority, based upon the information provided in the submitted application, evidence presented with any supplemental information or written report, and testimony provided during any hearing (if required), only after considering and clearly establishing that the use for which an Administrative Use Permit is requested complies with all applicable Development Code provisions specific to the requested use.

2. An Administrative Use Permit shall be issued if the Approving Authority determines that the proposed use complies with all applicable Development Code provisions,

3. An Administrative Use Permit shall be denied if the proposed use does not comply with one or more Development Code provisions.

E. Conditions of Approval.

1. In approving an Administrative Use Permit, the Approving Authority may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

3. A copy of the approved Administrative Use Permit shall be maintained on site for the duration of the use, activity, or facility authorized, and shall be made available for inspection upon demand by a City representative.

F. Unlawful Business Practices May Be Enjoined; All Remedies Are Cumulative. Any business activity requiring Administrative Use Permit approval pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code, and which is operated, conducted, or maintained contrary to the 393
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Ontario Development Code Page 4.03-7 (Rev. 12.03.202411.04.2025) provisions of this Development Code, shall constitute an unlawful business practice pursuant to Business & Professions Code Section 17200, et seq., and the City may file a complaint with the District Attorney and request the District Attorney bring action seeking an injunction prohibiting the unlawful business practice or any other remedy available at law, including but not limited to fines, attorney's fees, and costs. All remedies provided for in this Section are cumulative.

G. Administrative Fines.

1. Violations. Upon a finding by the Police Chief or Community Improvement Director that a land use or business for which an Administrative Use Permit has been issued has violated any provision of this Development Code or of the City or Ontario Municipal Code, the Police Chief or Community Improvement Director may issue an administrative fine of up to $500.

2. Separate Violations. Each violation of this Development Code or of the Ontario Municipal Code constitutes a separate violation. Each day a violation of this Development Code or the Ontario Municipal Code occurs also constitutes a separate violation.

3. Administrative Fine Procedures. A Notice of Administrative Fine shall be served by hand delivery or certified mail and shall state the legal violation and all supporting facts.

Furthermore, the Notice shall also contain an advisement of the right to request an appeal hearing before the Zoning Administrator to contest the suspension or revocation.

4. Appeal of Administrative Fines.
a. An appeal request shall be filed with the Planning Department on a City application form, within 10 days following the date appearing on the Notice of Administrative Fine. The appeal request shall include a statement identifying the pertinent facts disputing the violation.
b. An appeal hearing shall be scheduled within 30 days following the Planning Department's receipt of the appeal request unless an extension is mutually agreed upon by the appellant and the Zoning Administrator.
c. The appeal shall be heard by the Zoning Administrator. The decision of the Zoning Administrator shall be provided by certified mail. The decision constitutes a final administrative order, with no additional administrative right of appeal.

5. Failure to Pay Administrative Fines.
a. If an administrative fine is not paid within 30 days after the date appearing on the Notice of Administrative Fine or, if the Notice is appealed, within 30 days after the date of the Zoning Administrator's decision, whichever occurs later, the fine may be referred to a collection agency.
b. Any outstanding fine must be paid prior to the issuance or renewal of any license or permit issued by the City.

H. Suspension and Revocation of Administrative Use Permits.

1. Reasons. The Police Chief and the Community Improvement Director each has the authority to suspend or revoke an Administrative Use Permit, based on one or more of the following reasons:
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(Rev. 12.03.202411.04.2025) Page 4.03-8 Ontario Development Code a. The Administrative Use Permit approval was obtained by fraud; b. The Administrative Use Permit is being, or has recently been exercised contrary to the terms or conditions of the application approval; c. The Administrative Use Permit is being or has been exercised in violation of a federal, state, or City statute, ordinance, law, or regulation; and/or d. The Administrative Use Permit was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or otherwise constitutes a nuisance.

2. Suspension and Revocation Procedures. A Notice of Suspension or Revocation shall be served on the owner of the property and upon any tenant or operator in possession of the property, if different from the owner, by hand delivery or certified mail, along with the legal violation and supporting facts. The Notice shall also contain an advisement of the right to request an appeal hearing before the Zoning Administrator to contest the suspension or revocation.

3. Time Period of Suspension of Permit. When any of the conditions listed in H.1.a through d above exists, the Police Chief and the Community Improvement Director are each authorized to suspend an Administrative Use Permit for a period of no less than 5 days, and no more than 90 days, at their discretion.

4. Effective Date of Suspension or Revocation. A Notice of Suspension or Revocation issued under Paragraph H.2 of this Section is effective 10 days following the date appearing on the Notice, in the absence of an appeal filed in accordance with Paragraph H.5 of this Section.

5. Appeal of Suspension or Revocation of Permit.
a. The decision of the Police Chief or Community Improvement Director to suspend or revoke an Administrative Use Permit may be appealed by the permittee. b. The appeal request shall be filed with the Planning Department on a City application form and shall include a statement identifying pertinent facts disputing the reasons stated in the Notice of Suspension or Revocation.
c. An appeal request must be received by the Planning Department on or before the effective date of the suspension or revocation under Paragraph H.4 of this Section. d. The timely filing of an appeal request stays a suspension or revocation pending a decision on the appeal by the Zoning Administrator. e. An appeal hearing shall be scheduled within 30 days following the Planning Department's receipt of the appeal request, unless an extension is mutually agreed upon by the appellant and the Zoning Administrator.
f. Within 20 days following the appeal hearing, the Zoning Administrator shall issue a final administrative order to the appellant, by certified mail. There shall be no further administrative right of appeal.

6. Evidence. The following rules shall apply to any hearing required by this Section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence 395
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Ontario Development Code Page 4.03-9 (Rev. 12.03.202411.04.2025) bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses.

Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. Formal rules of discovery do not apply to proceedings governed by this Section. Unless otherwise specifically prohibited by law, the burden of proof is on the appellant in any hearing or other matter under this Section.

7. Limitations on Application Refiling. A holder of an Administrative Use Permit who has had the Permit revoked under this Section may not apply for the same or substantially similar Administrative Use Permit for 12 months after the date of the Final Administrative Order revoking the Permit.

I. Public Nuisance. It shall be unlawful and a public nuisance for a land use or business activity for which an Administrative Use Permit has been issued to be operated, conducted, or maintained contrary to the provisions of this Development Code or of any conditions of approval imposed on an Administrative Use Permit by the Approving Authority. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, or enjoinment of that land use or business activity in any manner provided by law.

4.03.020: Sign Plans
A. Purpose. The purpose of this Section is to establish a process by which Sign Plans may be required to ensure compliance with the standards and guidelines contained within this Development Code pertaining to the number, placement, height, size, illumination, and design of signs, and to ensure compliance with any previously approved entitlements.

Ontario City CouncilNovember 4, 2025

Ontario City Council
November 4, 2025