Ontario City Council
July 21, 2026

extended by the duration of the employee’s consecutive leave. The Department Head may also extend an employee’s probation by up to a total of six (6) months upon written notice delivered to the employee prior to the completion of the employee’s probationary period.

C. Probationary Release

1. During the probationary period, an employee who has not yet attained regular status in any classification may be terminated from employment by the Department Head without cause and without right of appeal. Notification shall be in writing to the employee and may be given without advance notice.

2. Except in such situations where the employee is terminated for cause, an employee who is released while serving a probationary period after promotion shall be returned to the employee’s previous classification provided the employee had regular status in that classification.

Section 2.02 Hours of Work
A. Work Schedules
The City reserves the right to schedule work as required in a manner most advantageous to the City and consistent with the public interest and the requirements of municipal employment.

The City may revise work schedules from time to time. All schedule changes must take effect at the beginning of a pay period.

B. Overtime
The City reserves the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the public interest and the requirements of municipal employment. The City further reserves the right to determine appropriate classification for overtime assignment, those qualified for assignment, and the ability to utilize employees within appropriate classifications from departments other than that requiring the overtime.

C. Meal Time
All employees are subject to the “Meal Time” policy found in Rule XXVI, “Hours of Work” of the Personnel Rules and Regulations.

D. Breaks – Rest Periods
All employees are subject to the “Breaks-Rest Periods” policy found in Rule XXVI, “Hours of Work” of the Personnel Rules and Regulations.

Section 2.03 Transfers and Job Changes
A. A transfer is the movement of an individual from one department to another while remaining in the same classification with similar duties and responsibilities. A transfer within the employee’s department or to another department may be initiated at any time by the City Manager upon the recommendations of the Department Heads concerned or to meet the needs of the City. All transfers must be within comparable classes, and no employee will 1917
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be transferred to a position for which the employee does not possess the minimum qualifications. A transfer shall not be used to circumvent the regulations surrounding promotion, demotion, advancement or reduction. If the employee being transferred has attained regular status in their classification, a new probationary period shall not be required. If a probationary employee is being transferred, the employee will be required to complete the probationary period based on the original end-of-probation date.

B. A job change is an employee’s voluntary movement into another classification at the same salary range or within 1%. A downward movement to a salary range within 1% will not be considered a demotion as defined in the Personnel Rules and Regulations. A job change may be affected at any time by the City Manager upon request of the employee and recommendations of the Department Heads concerned, or to meet the needs of the City.

An employee changing jobs must possess the minimum qualifications for the new classification. The probationary period requirement and return rights for job changes shall be the same as for promotions.

Section 2.04 Layoff Procedures
A. The City Manager may layoff regular and probationary employees at any time for lack of work, lack of funds, or other changes that have taken place. The employee is to be given two weeks’ notice before such a layoff is effective.

B. A demotion or transfer to another department may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification.

C. In the event of a layoff, those employees with the least service in the classification affected shall be laid off first and be placed on a “Recall List” and shall be eligible for recall for one year from the date of placement on the list; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur. The order of layoff shall be:

1. Temporary employees in the affected classification shall be removed first.

2. Probationary employees in the affected classification shall be removed next.

3. Regular employees in the affected classification shall be subject to layoff next.

D. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available.

E. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less overall City seniority (displacement seniority) provided it is in a position in which the employee formerly held a regular appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. The employee displaced shall be considered to be laid off for the same reason as the person who displaced the employee, and shall in the same manner be eligible to displace to a position in a classification in which the 1918
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employee formerly held a regular appointment, is qualified by education and/or experience, and is capable of performing the duties of the classification.

F. Failure to return to work from layoff within 15 calendar days after notice to return by personal email (if available), certified or registered mail to the employee at the employee’s last known address on file with the Human Resources / Risk Management Department or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re-employment responsibilities placed on the City.

Article III. CLASSIFICATIONS
Section 3.01 New Classifications
The Executive Director Human Resources / Risk Management shall periodically review new and existing city positions and recommend their inclusion in this group. Upon approval by the City Manager, such positions shall be considered as Confidential, Specialized Confidential, or Confidential Management.

Section 3.02 Higher Classification Work
A. When an employee is assigned by the employee’s Department Head to temporarily perform the duties of a position in a higher classification for more than 80 cumulative hours, the employee shall receive pay for working in the higher classification. The Department Head or designee shall determine and specifically assign, in writing, an employee to perform all of the significant duties of a higher classification.

B. The higher salary rate payable shall commence on the 81st working hour following the temporary assignment to the performance of all and only the duties of the higher classification. The higher rate of pay shall be defined as a five percent increase in pay or the minimum salary rate for the higher classification, whichever is greater, but not more than the maximum salary for the higher classification.

C. If the higher classification is in a different bargaining unit than the employee’s regular classification, the employee would only receive the base salary change, not a change in benefits or unit.

D. Employees temporarily assigned to perform duties of the higher classification must meet the minimum qualification of the higher classification without any more supervision than another would be in the same job.

E. The assignment shall continue until the City no longer requires the employee to perform the duties of such assignment.

F. At the end of such assignment, the employee performing the temporary assignment shall be returned to the employee’s original position and salary rate, inclusive of any merit increases the employee would have been entitled to in their original position.

Section 3.03 Classification Review
A. An employee may request a classification review of the employee’s position. Such request 1919
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shall be forwarded through the line of supervision to the Executive Director Human Resources / Risk Management.

B. An employee shall not submit a subsequent request prior to 18 months after completion of any previous classification review, unless the employee's position has undergone a considerable change in duties and responsibilities.

C. The employee shall be notified in writing of the classification review decision.

Section 3.04 Classification Review/Appeal
A. An employee may appeal the decision of a classification review no later than 10 working days after such results have been provided to the employee. Such an appeal shall be filed with the Human Resources / Risk Management Department. The appeal shall include a detailed statement by the employee indicating the employee’s reasons for disagreement with the classification review decision.

B. A designated individual in the Human Resources / Risk Management Department shall hold a meeting with the employee no later than 14 working days after the appeal is filed. The designated individual shall not be the same person who conducted the initial classification review. This individual shall respond in writing to the employee no later than 21 working days after meeting with the employee.

C. In the event the matter is not settled at the Human Resources / Risk Management Department level, the employee may appeal the decision to the City Manager within 10 working days from Human Resources’ response. The City Manager shall review and respond to the appeal within 10 working days of such appeal. The City Manager’s response shall be final.

D. These procedures shall represent the employee’s singular appeal process and the City Manager’s response shall not be subject to the arbitration provisions or any other provision of the grievance procedures in this Profile.

Article IV. COMPENSATION
Section 4.01 Salary
A. The following salary increases shall be implemented for employees covered by this Profile:

1. Effective July 12, 2026, employees within the unit will receive a 2% increase in base salary.

B. In addition to the increase provided in Section 4.01(A), effective July 12, 2026, the following classifications shall receive an additional base salary increase to equal the total base salary increase listed below. The corresponding compensation ranges will be adjusted by their respective percentages. Current incumbents in the classifications listed below shall retain their current step placement and progression start date.

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Classifications
Additional
Base Salary
Increase
Total Base
Salary
Increase
Administrative Assistant 2.55% 4.55%
Administrative Specialist -Confidential 2.53% 4.53%
Economic Development Analyst 2.53% 4.53%
Financial Analyst 2.48% 4.48%
Legislative Analyst 2.50% 4.50%
Management Analyst – Confidential 2.53% 4.53%
Management Assistant - Confidential 2.53% 4.53%
Office Assistant - Confidential 2.53% 4.53%
Office Specialist - Confidential 2.53% 4.53%
Safety Officer 5.20% 7.20%
Senior Administrative Assistant 2.56% 4.56%
Senior Human Resources Analyst 5.20% 7.20%
Senior Management Analyst - Confidential 0.15% 2.15%
C. In addition to the increase provided in Section 4.01(A), effective July 12, 2026, the following compensation ranges shall be adjusted by the following percentages equal to the total range adjustment listed below.

Classifications
Additional
Range
Adjustment
Total Range
Adjustment
Human Resources Analyst 10.28% 12.28%
Risk Management Adjuster 10.28% 12.28%
Senior Information Technology Specialist 10.24% 12.24%
Systems Analyst 10.24% 12.24%
Current incumbents in the classifications listed above shall be placed at a compensation step within their adjusted salary ranges consistent with the following schedule:

Step Step Step Step Step
Incumbent’s Current Step 1 2 3 4 5
Adjusted Step of New Range 1 1 2 3 4
An incumbent in the classifications included above who is eligible to move to a higher step in the salary range within ninety (90) days of the effective date will be advanced to that next step. Their adjustment to the new step in the range shall be based on this advanced step.

For purposes of future salary advancement (merit increase), the employee’s step progression date will reflect July 12, 2026. Employees at steps 2, 3, or 4 shall be eligible for a merit increase annually thereafter until they reach the top step of the salary range.

Employees at step 1 shall be eligible for a merit increase to step 2 after 6 months. 1921
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D. Wages for the various classifications are set forth in Appendix “A.” All non-exempt employees are paid on an hourly basis.

Section 4.02 Pay Plan and Benefits Review
The City will perform a periodic review of benefit and salary levels within the job market to establish competitive benefits and salary levels. Such levels may be adjusted from time to time, with the budgetary approval of the City Council. An adjustment to salary ranges does not require a corresponding adjustment to individual employee pay rates.

Section 4.03 Overtime
A. These provisions shall apply to Confidential employees who are designated as non-exempt.

Specialized Confidential employees and Confidential Management employees are exempt pursuant to the FLSA and are not eligible to receive overtime compensation or compensatory time.

B. Overtime shall be paid for compensated hours over 40 in any one workweek or over the employee’s regularly scheduled hours within the day at the rate of one and one-half (1½) times the base hourly rate. Employees on a 5/9 (i.e. 9/80) schedule shall be paid overtime for over 40 compensated hours in any one workweek or over nine hours in one day.

C. Those employees eligible to receive overtime compensation may receive pay or may elect to receive compensatory time off at a rate of time and one half (1½). However, if overtime is worked pursuant to a grant, and the grant requires that the overtime be compensated as pay, then the employee must receive pay and not compensatory time.

Section 4.04 Compensatory Time
A. Compensatory time not taken as time off during the pay period it was earned shall be accrued for future use as compensated time off.

B. Employees may retain a balance of unused compensatory time not to exceed 240 hours at any given time.

C. Upon separation from the City, the employee shall be paid for any unused compensatory time.

D. Employees may also convert accrued compensatory time to salary as provided for in Section 5.03.

E. When an employee has accumulated the maximum allowable hours of compensatory time, no further compensatory time shall be accumulated, and the employee shall only be eligible for overtime pay in accordance with this Profile.

Section 4.05 Skills and Certifications
A. Bilingual Pay
Employees who are routinely and consistently assigned to positions requiring communication skills in languages other than English shall be entitled to bilingual differential pay. Employees shall be compensated for bilingual pay at the rate of $100 per 1922
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pay period. Such differential shall apply regardless of the total time required for such translation. Employees in such positions must be certified as competent in translation skills by the Human Resources / Risk Management Department to be eligible for compensation.

Unit employees approved to receive bilingual pay may be required to translate at City Council meetings at the discretion of the City Manager or designee. Employees assigned to provide translation at the City Council meetings shall be compensated an additional $50 per meeting. To the extent legally permissible, this is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) – Bilingual Premium.

B. Notary Pay
Specified clerical and administrative support positions, which are determined to require notary duties and who obtain and maintain a notary public certificate from the State of California, shall receive additional compensation. Each regular employee who meets the eligibility requirements and is designated by the applicable Department Head and Human Resources / Risk Management Department to receive notary pay shall be compensated at the rate of $25 per pay period.

Employees receiving notary pay shall maintain their commission from the California Secretary of State. The City shall pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

To the extent legally permissible, this is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(2) – Notary Pay.

Section 4.06 Special Assignment – Recording Commission Meetings A. Designated Confidential employees in clerical/administrative support classifications who are required to attend and take and transcribe meeting minutes for the Library Board of Trustees, Recreation and Parks Commission, Museum of History Trustees, Public Art Program Advisory Commission, and Planning Commission meetings after normal working hours, will receive Administrative Secretary Premium pay equaling 5% of the employee’s base pay throughout the term of the assignment. The Agency or Department Head and the Executive Director Human Resources / Risk Management shall approve these assignments.

B. To the extent legally permissible, this is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) – Administrative Secretary Premium.

Section 4.07 On-Call Duty
A. Employees in the classifications of Information Technology Technician, Senior Information Technology Specialist, and Information Technology Specialist shall be eligible to receive compensation for on-call duty. Employees assigned to be on call shall receive $50 per day for Mondays, Tuesdays, Wednesdays, and Thursdays, and $55 per day for Fridays, Saturdays, and Sundays.

B. The Department Head shall determine on-call eligibility for Information Technology 1923
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Technician, Senior Information Technology Specialists and Information Technology Specialists based on knowledge and abilities.

C. On-call employees are required to respond to call-outs within a reasonable period of time, depending on the nature of any particular call-out problem. To ensure a reasonable response time, on-call employees are required to be available by cellular phone. An on-call employee may exchange on-call duties with another employee receiving on-call pay, subject to prior approval of the immediate supervisors.

Section 4.08 Merit Increases
Merit increases are administered in accordance with the City Personnel Rule XI, as repeated below (exclusive of Section D):

A. Application of Rates
Employees occupying a position in the City service shall be paid at the rate established for their position. All original appointments shall be made at the minimum wage for the position, except when, in the opinion of the City Manager, circumstances warrant appointment at a higher step.

B. Anniversary Date
Each employee’s anniversary date will coincide with the employee’s appointment to a new position in a different classification. All employees will retain their current anniversary dates until appointed to a new classification provided, however, that no employee shall receive more than one merit increase within any six-month period. Any employee who is within 90 days of eligibility for a merit raise at the time of promotion shall be entitled to an increase for the promotion and an increase for the merit step. All future increases while in that classification shall be in accordance with Section 4.08(C) below. The date of appointment shall be used to compute vacation, annual leave, sick leave, and retirement benefits.

The anniversary date of employees who take a leave of absence without pay for more than 60 continuous calendar days will be extended by the length of the absence from work over 60 days adjusted to the start of the nearest pay period.

C. Advancements
The advancement of an employee is not automatic, but the result of increased service value to the City. Service value shall be determined by recommendation of the Department Head, length of service, personal performance record, special training, and any other evidence that illustrates the desire of the employee to do a better job.

The five levels of advancement for each full-time and part-time position are granted according to the conditions outlined in Section 4.08(A) and 4.08(B) and the preceding paragraph. The merit increase effective date is the closest payroll period to the employee’s anniversary date. The five levels of advancement are as follows:

Step 1 – Entrance level
Step 2 – After six months of service
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Step 3 – After one year at Step 2
Step 4 – After one year at Step 3
Step 5 – After one year at Step 4
D. Salary Upon Promotion
An employee who is promoted shall be assigned to the lowest step of the new salary range, which allows an increase of approximately 5% over the employee’s current salary at the time of promotion. The Agency Head may recommend to the Executive Director, Human Resources/Risk Management, the assignment to a higher salary step based on special circumstances. The date of promotion will establish a new salary review date, and the employee shall be eligible for the next merit increase in accordance with Section 4.08(C).

The promotion date will be effective at the beginning of an established pay period.

Article V. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
A. The following paid holidays shall be observed on the day specified:

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veterans’ Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day After 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
B. At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Year’s Day. During this time, employees shall use applicable accrued vacation, compensatory, annual leave, and/or management leave to cover this period of closure.

C. Any holiday listed in Section 5.01(A) which falls on a Sunday shall be observed on the following Monday.

D. Employees shall receive holiday compensation equal to their scheduled workday, not to exceed ten (10) hours per holiday.

E. Employees on an eight (8)-hour day work schedule shall receive eight (8) hours of holiday.

F. Employees on a 4/10 work schedule shall receive ten (10) hours of holiday. 1925
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G. Employees on a 9/80 work schedule shall receive compensation in accordance to their work schedule, as follows:
a. Employees shall receive the number of hours they were scheduled to work the day the holiday is observed (e.g. nine (9) or eight (8) hours). b. If the holiday falls on the employee’s regular scheduled or “flex” day off, the employee shall receive nine (9) hours.

H. Confidential employees having any holiday listed in Section 5.01(A) which falls on an employee’s regular day off shall be compensated at the employee’s option as compensatory time or pay at the rate of one hour for every hour of the regular schedule not to exceed ten (10) hours per holiday as provided in Section 5.01(D).

I. Specialized Confidential and Confidential Management employees having any holiday listed in Section 5.01(A) that falls on an employee’s regular day off shall be compensated as accrued annual leave, not to exceed ten (10) hours per holiday, as provided in Section

5.01(D).

J. Employees shall not be eligible for holiday pay for any pay period for which the employee either:
a. Has an unapproved leave of absence during the pay period, or b. is on a leave of absence without pay for the entire pay period.

Section 5.02 Vacation (Confidential)
A. Confidential employees accumulate the following vacation hours in accordance with City service time. Confidential employees accrue vacation leave evenly over 26 pay periods each year as follows:

CONFIDENTIAL EMPLOYEES
Years of Service
Vacation Leave
Hours Earned
Per Year
1 – 3 112
4 120
5 – 10 136
11 144
12 152
13 160
14 168
15 176
16+ 192
B. Vacation shall be accrued based on paid hours on a pro-rated basis. For example, if a confidential employee is paid for 40 hours in an 80-hour pay period, the employee shall earn one-half of the normal accrual. Paid hours include regular work time, compensatory time off, holiday, vacation, bereavement, sick, personal, jury duty, catastrophic, paid family 1926
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care leave, military, and administrative leaves. It excludes amounts paid by any disability benefits, including short-term and long-term disability and workers’ compensation.

Section 5.03 Leave Conversion (Confidential)
A. Confidential employees’ maximum accrual amount for vacation is 500 hours. Once the employee has a vacation accrual balance of 500 hours, no vacation hours will be accrued until the balance drops below 500 hours.

B. Unit employees wishing to participate in the voluntary leave conversion process must submit an irrevocable election form no later than December 15th of the preceding calendar year to convert the following hours to cash:

1. Accrued Vacation Hours: An amount that may not exceed the number of vacation hours the individual employee may accrue in the following calendar year.

2. Compensatory Time: An amount which may not exceed the projected number of compensatory time hours the individual employee may receive in the following calendar year.

C. The cash-out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form.

D. The total combined number of vacation and compensatory hours converted per calendar year shall not exceed 300 hours.

E. The payment shall be made via payroll, and employees may elect to receive the cash out in the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

F. Employees who do not submit an irrevocable election form by December 15th will be deemed to have foregone participation in the optional vacation and/or compensatory time conversion salary program for the following calendar year.

G. In the event an employee has fewer hours in their vacation and compensatory bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their vacation and compensatory bank at the time of the actual cash-out, less any minimum balances.

H. If an employee makes an irrevocable election to cash-out vacation and/or compensatory time in the following calendar year and uses such leave in that subsequent calendar year, the vacation and compensatory leave used will come from the vacation or compensatory leave the employee had earned (if any) prior to January 1st of the calendar year the employee has elected to cash-out. The employee’s use of earned, but unused vacation and/or compensatory leave accumulated from previous calendar years shall not result in a reduction in the amount of vacation and/or compensatory hours the employee is eligible to cash-out.

I. Any conversion of vacation hours to cash shall not cause the employee’s total amount of accrued vacation in their vacation leave bank to fall below a 40 hour minimum balance. 1927
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Cash-out of accumulated time shall be at the employee’s option. Requests for cash-out are to be submitted in a manner prescribed by the City.

Section 5.04 Sick Leave/Retained Sick Leave
A. Confidential employees accrue sick leave at the rate of 96 hours per calendar year, accrued evenly over 26 pay periods.

B. Specialized Confidential and Confidential Management employees may have retained sick leave (“sick leave”) if the employee previously held a position that accrued sick leave and if the employee had a sick leave balance greater than 100 hours prior to promotion or transfer.

C. Employees may utilize any retained sick leave balance as paid leave for the diagnosis, care, or treatment of an existing health condition for, or the preventive care of, an employee or an employee's immediate family member. "Family member" for purposes of this policy includes spouses, registered domestic partners, children (regardless of age), parents (including step-parents and parents-in-law), grandparents, grandchildren, siblings, or a designated person. Employees may also use retained sick leave under this policy if they or a family member is a victim of a crime, including domestic violence, sexual assault, stalking, or for any other reason consistent with California law.

D. In addition, employees may utilize any retained sick leave balance for use as paid leave for:

1. Death of an immediate family member as defined in Section 5.09; or

2. Conversion to CalPERS Service Credit.

E. Confidential employees may use up to 48 hours of sick leave per calendar year for sickness within the employee’s immediate family in accordance with California Labor Code Section 233 (“KinCare”).

1. Immediate family for this provision includes the following relationships relative to the employee: spouse; registered domestic partner; grandparent; grandchild; sibling; child (biological, foster, adopted, stepchild, legal ward, or child to whom the employee stands in loco parentis) the definition of child is applicable regardless of age or dependency status; parent (biological; foster; adoptive; stepparent; or legal guardian of the employee or the employee’s spouse or registered domestic partner, or person who stood in loco parentis when the employee was a minor. If applicable, leave taken pursuant to this provision will be counted concurrently with other family leaves.

2. Confidential employees must inform their supervisor when requesting the leave that the leave is being taken pursuant to this provision (“KinCare” leave).

F. Employees are not entitled to sick leave for illness or injury while also engaging in business or activity for monetary gain or other compensation that would conflict with the illness or injury for which the employee has been granted sick leave.

G. There shall be no limit on the amount of sick leave that may be accrued by an employee. 1928
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H. Sick leave shall not be taken as vacation or converted to salary at any time.

I. When an employee has been on sick leave, the City reserves the right to make any investigation of the illness it deems necessary, including requiring a doctor's certification.

On the first day of illness, the employee must notify the department before the shift begins if the employee is to receive sick leave credit.

J. The first 24 hours or three (3) days of sick/retained sick leave or annual leave taken consistent with Section 5.04(C) during a calendar year shall be designated to comply with California Labor Code Sections 245-249 (Healthy Workplace/Healthy Family Act).

K. All determinations of sick leave use shall be made by the Department Head concerned, subject to the approval of the Executive Director Human Resources / Risk Management.

Section 5.05 Annual Leave (Specialized Confidential/Confidential Management) A. Specialized Confidential and Confidential Management employees accumulate annual leave hours. The purpose of annual leave is to provide these employees the ability to accrue time off for use in vacation, sick, and personal leave situations. Annual Leave shall not be used:

1. To extend retirement or separation date; or

2. for illness or injury arising from outside employment, for which the employee is receiving workers’ compensation or disability payment from another employer.

B. Specialized Confidential employees accumulate the following annual leave hours in accordance with City service time. Employees accrue annual leave evenly over 26 pay periods each year as follows:

SPECIALIZED CONFIDENTIAL
Years of Service
Annual Leave
Hours Earned
Per Year
1 – 3 170
4 178
5 – 10 194
11 202
12 210
13 218
14 226
15 234
16+ 250
C. Confidential Management employees accumulate the following annual leave hours in accordance with City service time. Employees accrue annual leave evenly over 26 pay periods each year as follows:

CONFIDENTIAL MANAGEMENT
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D. Annual Leave shall be accrued based on paid hours on a pro-rated basis. For example, if an employee is paid for 40 hours in an 80-hour pay period, the employee shall earn onehalf of the normal accrual. Paid hours include regular work time, compensatory time off, holiday, annual leave, management leave, bereavement, sick, personal, jury duty, catastrophic, paid family care leave, military, and administrative leaves. It excludes amounts paid by any disability benefits, including short-term and long-term disability and workers’ compensation.

E. On the first day of an absence from work, the employee must notify the department before the shift begins if the employee is to receive annual leave credit.

Section 5.06 Annual Leave Conversion (Specialized Confidential/Confidential Management)
A. The maximum amount of annual leave that may be accrued is 800 hours. Once the employee has an annual leave accrual balance of 800 hours, no annual leave hours will be accrued until the balance drops below 800 hours.

B. Conversion of Accumulated Vacation Leave and Sick Leave to Annual Leave

1. Each accumulated Vacation Leave hour will be converted to one (1) hour of Annual Leave for employees who become members of the Specialized Confidential or Confidential Management units due to promotion, transfer, or demotion.

2. Up to one hundred (100) hours of accumulated Sick leave will be converted at a rate of .6 hours to Annual Leave. Remaining accumulated sick leave hours for employees who become members of the Specialized Confidential or Confidential Management units due to promotion, transfer, or demotion will be retained only for use for the purposes described in Section 5.04 – Sick Leave/Retained Sick Leave.

C. Conversion of Accumulated Vacation Leave and Sick Leave to Compensation

1. Specialized Confidential and Confidential Management employees may convert a minimum of 8 hours and a maximum of 300 hours of annual leave and/or compensatory time twice each calendar year.

Years of Service
Annual Leave
Hours Earned
Per Year
1 – 3 192
4 200
5 - 8 216
9 - 10 224
11 232
12 240
13 248
14 256
15 264
16+ 272
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2. Unit employees wishing to participate in the voluntary leave conversion process must submit an irrevocable election form by no later than December 15th of the preceding calendar year to convert the following hours to cash:
a. Accrued Annual Leave: An amount which may not exceed the number of annual leave hours the individual employee may accrue in the following calendar year.
b. Compensatory Time: An amount which may not exceed the projected number of compensatory time hours the individual employee may receive in the following calendar year.

3. The cash-out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form.

4. The total combined number of vacation and compensatory hours converted per calendar year shall not exceed 300 hours.

5. The payment shall be made via payroll, and employees may elect to receive the cash out in the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

6. Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave and/or compensatory time conversion salary program for the following calendar year.

7. Any conversion of annual leave hours to cash shall not cause the employee’s total amount of accrued annual leave in their annual leave bank to fall below a 40 hour minimum balance. Cash-out of accumulated time shall be at the employee’s option.

Requests for cash-out are to be submitted in a manner prescribed by the City.

8. In the event an employee has fewer hours in their annual leave and compensatory bank at the time the cash-out is to be paid than they had previously elected to cashout, the employee shall only be paid for up to the amount remaining in their annual leave and compensatory bank at the time of the actual cash-out, less any minimum balances.

9. If an employee makes an irrevocable election to cash-out annual leave and/or compensatory time in the following calendar year and uses such leave in that subsequent calendar year, the annual and compensatory leave used will come from the annual or compensatory leave the employee had earned (if any) prior to January 1st of the calendar year the employee has elected to cash-out. The employee’s use of earned, but unused, annual and/or compensatory leave accumulated from previous calendar years shall not result in a reduction in the amount of annual and/or compensatory hours the employee is eligible to cash out.

10. An employee who experiences an unforeseen emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.
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11. For these purposes, an “unforeseen emergency” means a financial hardship to the employee resulting from any of the following:
a. Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or b. Loss or extensive damage to the employee’s property due to casualty; or c. Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee.

12. Whether an occurrence is an unforeseeable emergency shall be solely determined by the Executive Director Human Resources / Risk Management or designee.

Section 5.07 Personal Leave
A. An employee may use any accrued annual leave, vacation and/or compensatory time, but no more than three (3) working days of sick leave per calendar year, as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made for:

1. Bereavement leave for other than members of the employee's immediate family (immediate family is defined in Section 5.09(D));

2. Personal court appearances when required to be present, except for jury duty and court appearances related to City business.

3. Any other personal need requiring a leave during working hours when approved by the Department Head or the authorized department representative.

B. The employee shall provide no less than two (2) days written notice. Failure to provide such notice shall result in such leave to be taken without pay. The supervisor shall waive the two-day notice required, provided the employee can demonstrate an urgent and justifiable reason for not providing the required notice.

C. Personal leave shall be charged against any unused sick leave/retained sick leave, vacation, annual leave or compensatory time the employee has accumulated provided there is no conflict with the conditions outlined above. Additional leave may be authorized by the City Manager from any leave accrued or without pay.

Section 5.08 Management Leave (Specialized Confidential / Confidential Management)
Effective July 12, 2026, the annual management leave accrual for Specialized Confidential and Confidential Management employees shall increase from forty (40) hours to fifty (50) hours.

Hours will be credited to each employee the first full pay period ending in January. Employees hired or promoted into the Specialized Confidential or Confidential Management classifications after that date shall receive a prorated amount of such leave. Such leave may only be used as time off during the calendar year. Any remaining hours will not carry over to the following calendar 1932
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year. Such leave will not convert to compensation upon separation from employment. Employees may not use management leave to extend their retirement or separation date. Effective July 12, 2026, employees will be credited with ten (10) additional hours of management leave for use during the remainder of the 2026 calendar year.

Section 5.09 Bereavement Leave
A. In the event of a death in the employee's immediate family, the employee shall be granted three (3) working days of paid bereavement leave. Such bereavement leave shall not be charged against any accrued sick leave, vacation, annual leave, management leave, or accrued compensatory time, or Family Care Leave. Employees shall be granted an additional two (2) working days of unpaid bereavement leave in the event of a death in the employee’s immediate family. The employee may elect to use accrued time off, including accrued sick leave, vacation, annual leave, management leave, accrued compensatory time, or Paid Family Care Leave, to cover all or part of the unpaid portion of their bereavement leave.

B. A total of five (5) working days of paid bereavement leave shall be granted if there is a death in the immediate family outside the State boundaries or in excess of 250 miles from the employee’s home. Such bereavement leave shall not be charged against the employee’s accrued sick leave, vacation, annual leave, management leave, accrued compensatory time, or Family Care Leave.

C. Bereavement leave shall be completed within three (3) months of the date of death of the immediate family member. The days of bereavement leave need not be consecutive.

D. Immediate family for this provision is defined as the following relationships relative to the employee: child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other relationship included in the definition of “family member” in California Labor Code section 245.5 (4)(c) or successor legislation.

E. Employees shall be granted one (1) working day paid personal leave to attend the funeral of an aunt, uncle, cousin, niece, or nephew.

F. Employees may be provided release time by Department Heads to attend the funeral of deceased City employees without loss of pay.

G. Employees may be required to furnish evidence satisfactory to the City of the family member's death and the employee's relationship to the deceased family member.

Section 5.10 Family Medical Care Leaves
A. Family Medical Leave shall be granted in accordance with the California Family Rights Act (CFRA) of 1991 and the Family and Medical Leave Act (FMLA) of 1993, and any modified provisions and interpreted regulations for those respective statutes.

B. Employees may utilize up to six (6) weeks of accrued sick leave for leaves of absence for 1933
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care of family members that fall under the provisions of the FMLA and CFRA. This sick leave shall be used prior to the unpaid leave provisions of FMLA and CFRA. Both paid and unpaid time during an approved FMLA/CFRA leave of absence shall run concurrently with FMLA/CFRA leave. Pregnancy Disability Leave shall run concurrently with any approved FMLA/CFRA leave.

C. Employees are required to use up to 80 hours per pay period of all eligible leave accruals or the number of hours for full integration if integrating with disability programs. Employees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals for Confidential, Specialized Confidential, and Confidential Management employees include, but are not limited to, vacation, annual leave, management leave, and compensatory time for any purpose, and sick leave accruals if used for qualified medical, bereavement, or personal reasons as defined in this Article.

Section 5.11 Catastrophic Leave
A. The City agrees to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absence due to a verifiable illness or injury, caused by either physical or mental impairment. A statement from the employee’s treating physician is required.

B. The City also agrees to permit employees to contribute a portion of their accrued vacation, annual leave and/or compensatory time to another employee when such an employee is on an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Sick Leave/Retained Sick Leave may not be donated.

C. All Catastrophic Leave transfers, are subject to the following conditions:

1. The Human Resources / Risk Management Department shall review all requests from the receiving employee to determine eligibility for catastrophic leave prior to the receiving employee or the employee’s Department requesting donations.

2. Catastrophic illness or injury is defined as an unforeseen or sudden, unexpected illness or injury requiring immediate attention. Pregnancy is excluded from this provision; however, injuries or illnesses resulting from a pregnancy may be covered under this provision with a statement from the employee’s treating physician as the final authority.

3. The receiving employee shall be on an approved continuous leave of absence for over 40 hours due to an illness or injury. A statement from the employee or the family member’s treating physician is required.

4. The receiving employee has exhausted all accrued leave and is therefore facing financial hardship.

5. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

6. The donating employee must have at least 96 hours of vacation leave or annual leave 1934
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(for Specialized Confidential / Confidential Management) remaining after such donation, and the leave application rate shall be based on the donating employee's dollar value, which shall be adjusted proportionally to the receiving employee's rate.

7. The donations must be in whole-hour increments. The amount of the donation credited each pay period shall be in accordance with the receiving employee’s needs.

The donations are irrevocable and shall be indistinguishable from other leave credits belonging to the receiving employee. Donations shall be subject to all taxes required by law.

8. Donations shall be made on a Catastrophic Leave Form prescribed by the Human Resources / Risk Management Department.

Section 5.12 Jury Duty
A. In the event an employee is duly summoned to any court during their scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay. Any fees for the performance of such service, excluding mileage or subsistence allowances, shall be remitted to the City.

B. Any employee called for jury duty in Rancho Cucamonga must return to work if dismissed before 3:00 pm. If the employee is called to San Bernardino, the employee must return to work if dismissed by 2:00 pm. Upon return from jury duty, the employee shall present a certificate of service to the employee’s department.

C. This section shall not apply when an employee is summoned or otherwise required to appear in court in the course of City business.

Section 5.13 Paid Family Care Leave
A. Each employee shall be granted paid time off not to exceed a total of forty (40) hours per calendar year, which may be used for parental leave, reproductive loss, and/or bereavement leave. Such Paid Family Care Leave shall not be charged against the employee's sick leave, vacation leave, or accrued compensatory time.

B. Paid Family Care Leave time may be used upon the birth or adoption of the employee’s child or children. Any such leave must be taken within six (6) weeks before or after the estimated birth or adoption date and is subject to the department’s established time off or leave of absence approval procedures. Such paid leave shall not exceed the employee’s total available paid Family Care Leave.

C. Paid Family Care Leave time may be used for a reproductive loss event. “Reproductive loss event” means the day of or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. An employee may use time off following their own reproductive loss event or that of another person, such as a spouse or partner, if the employee would have been the parent of the child born or adopted. Paid leave days are not required to be used consecutively. Leave must be completed within three (3) months of the reproductive loss event. Such paid leave shall not exceed the employee’s total available Paid Family Care Leave. Employees may 1935
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utilize unpaid reproductive loss leave as described in Section 5.14.

D. An employee requesting to use Paid Family Care Leave may be required to furnish evidence satisfactory to the City of the birth or adoption of the employee’s child or children, the employee’s relationship to the child or children, and/or the occurrence of a qualifying reproductive loss event.

E. Paid Family Care Leave time may be used for bereavement leave consistent with Section

5.09 (A).

F. Leave under Section 5.13 (B) will be considered as qualifying leave under the California Family Rights Act (CFRA) and Family Medical Leave Act (FMLA) and shall run concurrently with any entitled unpaid Family Leave (provided that the employee is deemed eligible for CFRA and/or FMLA). Unpaid Family Leave shall be granted in accordance with CFRA and FMLA and the interpreted regulations for those respective statutes.

Section 5.14 Reproductive Loss Leave
A. In accordance with Section 12945.6 of the California Government Code, the City will grant employees up to five (5) days of unpaid leave following a “reproductive loss event” as defined in Section 5.13 (C), provided that the leave is taken within three (3) months of the event. If an employee experiences more than one reproductive loss event in a year, they are entitled to no more than twenty (20) days of reproductive loss leave in that one-year period. The days off are not required to be consecutive.

B. The employee may elect to be unpaid or to use Paid Family Care Leave as provided in Section 5.13, or accrued time off, including sick time (retained sick time), vacation time, annual leave, or accrued compensatory time, to cover all or a portion of the unpaid portion of their reproductive loss leave.

Section 5.15 Submitting and Recording of Leave Time (Specialized Confidential / Confidential Management)
A. It is recognized that in certain circumstances, the fulfillment of an employee's responsibilities requires longer or more irregular hours than usual. In such instances, a department may allow an employee the flexibility to attend to personal business away from work during normal work hours without requiring the use of accrued leave. Exercising this flexibility shall not amount to compensating the employee on an hour off for an hour worked basis.

B. Employees shall submit requests for time off for full or partial day absences to their immediate supervisor or manager with as much advance notice as possible. Authority to approve the request is at the sole discretion of the immediate supervisor or manager, based on the nature of the request and the department's operational demands.

C. Full-day absences: Employees are required to use their accrued time off (annual leave, retained sick leave, or management leave) for full-day absences.

D. Partial day absences: An employee's partial day absence(s) exceeding two hours will be charged to the employee's accumulated time off (annual leave, retained sick leave, or management leave) or taken as leave without pay. Absences of less than two hours will 1936
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not be charged to accumulated time off or charged as leave without pay. Employees with approved intermittent Family Medical Leave, California Family Rights Act, or other protected leave must record each hour not worked.

E. Employees are expected to complete their assigned duties regardless of their use of partialday absences. Flexibility of employees' work hours may or may not be granted based on operational needs, including the need for supervisors to be available.

Article VI. BENEFITS
Section 6.01 Health Insurance Contribution
The City will contribute up to a maximum of $204.67 per month toward health insurance premiums for active Confidential and Specialized Confidential employees and retirees. The City will contribute up to a maximum of $300.00 per month toward health insurance premiums for active Confidential Management employees and retirees. These amounts are inclusive of the minimum statutory employer contribution under the Public Employees Medical and Hospital Care Act (PEMHCA) for active employees who choose to enroll in the City’s medical plan.

Section 6.02 City Contributions to Cafeteria Plan Benefits A. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental and vision benefits.

B. Employees must enroll in a City offered medical insurance plan unless the employee satisfies conditions of the eligible opt out arrangement below. The City’s lowest cost employee-only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.

C. City Contribution: For Eligible Employees who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01 shall be as follows:

Coverage Level
Confidential /
Specialized Confidential
Confidential
Management
Single Coverage $765 $765
Two Party Coverage $1,050 $1,090
Family Coverage $1,335 $1,380
For Eligible active employees who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01, shall be based on the level of coverage selected by the employee, and equal to the corresponding Kaiser premium for the region in which the employee is enrolled and as reflected on the CalPERS monthly billing statement. Employees hired on or before December 31, 2017, selecting single party coverage shall receive a contribution of no less than $765 per month, or the applicable Kaiser premium for single party coverage, whichever is greater. Employees hired on or after January 1, 2018, selecting single party coverage shall receive a monthly contribution up to the Kaiser premium for single party coverage for the region in which the employee is enrolled.
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For purposes of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employee is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits.

After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash. Only those Eligible Employees hired on or before December 31, 2017 enrolled in single level coverage may take the remainder of the City’s contribution in cash as taxable compensation. If the Kaiser Plan single coverage exceeds $765, those employees selecting single coverage level, regardless of hire date, will no longer receive cash back from excess contributions.

D. Cash-in-Lieu Option: An employee will be eligible to receive cash-in-lieu of $573 per month if hired on or before August 31, 2004 or $420 per month if hired on or after September 1, 2004, instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied:

1. The employee signs a form attesting that the employee and the employee's Tax Family have Alternative Required Coverage for the Opt-Out Period, meeting the following definitions:
a. Tax Family - all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies.
b. Alternative Required Coverage - minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
c. Opt-Out Period - the plan year to which the opt-out arrangement applies.

2. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.

3. The cash in lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section 6.02(C) are not otherwise satisfied.

E. Dental Insurance: Employees who enroll in the City’s dental plan shall receive an employer contribution up to the DPO basic plan premium for employee and dependents (in addition to the City Contribution described in this Section 6.02). Employees who do not enroll in the City dental plan will not receive employer contribution for dental premiums.

F. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employee and dependent coverage (in addition to the City Contribution described in this Section 6.02). Employees who do not enroll in the City vision plan will not receive employer contribution for vision premiums.

G. Eligible Employee Requirements
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1. Employees must be full-time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 6.02, unless the employee is receiving disability benefits. Paid status includes hours paid for: regular work time, compensatory time off, vacation, annual leave, management leave, bereavement leave, sick leave, retained sick leave, jury duty leave, catastrophic leave, paid parental leave, personal leave, paid military leave, administrative leave, and paid holidays. a. The City will continue its contributions toward the employee cafeteria plan and health insurance contributions for a leave of absence due to the employee’s own illness or injury, not to exceed a total of 26 consecutive pay periods.
b. If the leave of absence is not consecutive, the continuation of the contributions toward cafeteria plan benefits shall not exceed 26 pay periods total in an 18-month period.
c. The employee is responsible for payment of any benefit cost above the applicable health allotment (City contribution) and any voluntary supplemental benefit plans during their leave period. If the employee fails to make timely payments, their benefits will be discontinued.

2. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.

H. Disability
The City assumes the full premium cost for the employee in the City-designated short and long-term disability programs.

I. Life and Accidental Death & Dismemberment Insurance
Employees shall be covered by the City’s group term life insurance and accidental death and dismemberment (AD&D) insurance plan. The City will pay the premiums for life insurance coverage in the following amounts:

Group Basic Life Insurance
Accidental Death and
Dismemberment (AD&D)
Confidential $50,000 $50,000
Specialized Confidential $51,000 $54,000
Confidential Management $51,000 $54,000
Section 6.03 Flexible Spending Accounts
The City will offer Flexible Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre-tax deductions for qualifying medical, dental, vision, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service Code.

Section 6.04 Retirement
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A. Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired before January 1, 2013 in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six (6) months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic CalPERS members shall be eligible for the 2.5% @ 55 Full and Modified Formula for Local Miscellaneous Members including integration with Social Security.

This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

3. All classic CalPERS members shall pay the employee’s contribution of 8% percent as a pre-tax deduction to CalPERS.

B. New Member

1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benefits pursuant to the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013, or former members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members including integration with Social Security.

3. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of July 2013, the required employee contribution for new members is 6.25%. This amount will be adjusted periodically by CalPERS.

C. Optional Benefits for Classic and New Members
The City’s contract with the Public Employees’ Retirement System includes the following optional benefits for both classic and new members:
a. Section 20965 – Sick Leave Credit
b. Section 21024 – Military Service Credit
c. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability
d. Section 21548 – Pre-Retirement Optional Settlement Death Benefit Section 6.05 Deferred Compensation
A. The City has established a Section 401(a) money purchase plan for employer deferred 1940
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compensation contributions. The monthly contribution for each group is as follows:
a) Confidential Management - $255 per month. Effective July 12, 2026, $289 per month
b) Specialized Confidential - $125 per month
c) Confidential - $75 per month
B. The contribution will be paid in equal bi-weekly installments during the first and second pay periods of the month.

C. Employees are eligible to voluntarily participate in a 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may contribute to the plan in accordance with plan provisions and subject to plan maximums.

Section 6.06 Employee Assistance Program
The City shall continue to maintain an employee assistance program for all employees.

Confidentiality regarding employee use of this program will be maintained in full compliance with State and Federal Regulations.

Section 6.07 Certifications/Licensing & Training
A. Certifications / Licensing
When the City determines that a reclassification of a position requires the incumbent to obtain a specialized license or certificate, or if such a requirement is established for the position by a Federal or State agency during an employee's employment in the position, the City agrees to assume the cost for such certification or license. The City may pay directly or reimburse the employee if the employee presents proof of payment.

B. Employee Training
Any training or educational class approved by the employee’s Agency/Department Head, that provides both the employee and the City with value, shall be considered as time worked. Value is defined as course material that is directly related to the employee’s job if it aids the employee in handling the employee’s present job better. This would include any class scheduled on an employee’s regular day off.

Section 6.08 Tuition Reimbursement
A. To encourage all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic courses that are determined to be job-related and subject to the following conditions:

1. Full-time, non-probationary employees are eligible.

2. The determination that the course is job-related shall be made by the employee’s Department Head.
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3. The course shall provide college-level credit from an accredited educational institution.

4. The employee is not eligible for assistance from any other source.

5. Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

6. Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

7. Classes shall not interfere with the employee’s normal work hours.

8. Certification of completion of the course with a passing grade must be obtained and submitted within 60 calendar days after completion of the course.

9. The maximum reimbursement amount paid to an eligible Confidential Management employee shall not exceed $5,000 (five thousand) per calendar year. The maximum reimbursement amount paid to an eligible Confidential and Specialized Confidential employee shall not exceed $1,000 (one thousand) per calendar year.

B. Tuition reimbursement requests shall be submitted through the City’s Human Resource Information System to the employee’s Department Head for a determination that the course is job-related. After such a determination is made, the Department Head shall approve the request, and it will be routed to the Human Resources / Risk Management Department for processing. The Human Resources / Risk Management Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to the Human Resources / Risk Management Department. Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

C. Acceptance of the tuition reimbursement acknowledges an obligation to repay the full amount if the employee’s employment is voluntarily or involuntarily terminated (excluding death), within one (1) year of the reimbursement date. Employees may elect to deduct all or a portion of the repayment from their final compensation. Any remaining amount due must be remitted to the City by check within thirty (30) days of the employee’s termination effective date.

Article VII. DISCIPLINARY PROCEDURE
Section 7.01 Provisions
A. An employee may be disciplined for policies, misconduct, or any other just cause. Discipline is defined as demotion, discharge, reduction-in-pay, and suspension of employees with regular status. Letters of reprimand, counseling memos, performance improvement plans, development plans, evaluations, and other related actions are not considered discipline for the purposes of this article.

B. The disciplinary procedure provides that the employee shall receive advance notice of the 1942
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proposed disciplinary action at least five (5) working days before the action is to be implemented. The notification time frame shall begin the day after the notice of the proposed disciplinary action is served. The notice shall include:

1. The specific grounds and particular facts upon which the proposed action is based; and

2. any materials, reports, or documents upon which the action is based.

Section 7.02 Response
A. The employee shall have the right to respond to the proposed disciplinary action, orally or in writing, and shall have such responses considered by a reviewer of the proposed action.

Such review/meeting shall be conducted by the Agency Head for the employee’s department prior to the imposition of the disciplinary action. If the Agency Head is proposing the disciplinary action, an alternate City Agency Head shall conduct the review/meeting.

B. Following the review of the proposed action, the Executive Director Human Resources / Risk Management or designee shall serve on the employee, by personal email (if available), certified mail or personal delivery, a statement informing the employee of the results of the review. This statement shall inform the employee of the grounds for the decision and the acts or omissions which support the grounds. This statement shall also include the employee’s appeal rights.

C. The employee shall have 14 calendar days to file an appeal with the Executive Director Human Resources / Risk Management or their designee.

Section 7.03 Appeal Hearings
A. Within 14 calendar days after a serious disciplinary action is imposed, the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing.

B. The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers.

C. The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the hearing. The City or the appellant may request that the hearing be recorded.

The Hearing Officer shall notify the City and the appellant of the date, time, location, and estimated length of the hearing at least 10 calendar days prior to the hearing date. The Hearing Officer may require written closing statements at the close of the hearing, prior to the issuance of a decision. The time periods in this Section may be extended by mutual agreement of the City and the appellant.

D. After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be 1943
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issued within 30 days after the completion of the hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request must be made in writing to the Executive Director Human Resources / Risk Management within 30 calendar days after receipt of the decision. If submitted to the City Council for review, the City Council may overturn, modify, or uphold the Hearing Officer’s decision. The City Council’s decision shall be final.

E. The cost of the Hearing Officer’s services shall be shared equally between the City and the appellant. Recording costs shall be borne by the requesting party or shared equally, if both parties request a recording of the hearing. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the hearing.

F. If the appellant fails to attend a scheduled hearing or fails to submit their portion of the costs of the hearing, prior to the hearing, the appeal shall be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

Section 7.04 General Provisions
A. This disciplinary procedure should be used for all serious disciplinary actions which are normally considered (1) demotions, (2) discharges, (3) reductions in pay, and (4) suspensions.

B. The above procedure may be deviated from in circumstances where there is a need for immediate action. In such cases, an employee may be ordered off the job if the employee’s conduct imperils the safety or welfare of the public, other employees, or said employee (e.g., drunkenness, violence, gross insubordination).

C. An employee shall have the right of representation when the employee reasonably anticipates that a meeting is for the purpose of disciplining the employee, or is to obtain facts to support disciplinary action that is probable, or that is being seriously considered.

Section 7.05 Written Rebuttals
Letters of reprimand, counseling memos, performance improvement plans, development plans, evaluations and other related actions are not considered to the notification and appeal procedures in this article. Similarly, probationary discharge, probationary demotions, or other actions taken while an employee is on probation are not subject to the notification and appeal procedures in this article. However, an employee may prepare a written response to be placed in the employee’s personnel file along with the document. Such written rebuttal must be made within 30 days of the receipt of the document.

Article VIII. COMPLAINT/GRIEVANCE PROCEDURE
Section 8.01 Definitions
A. Complaint - A concern of an employee, which arises from the application of a term of this document, existing City Rule(s), Regulation(s) or Policy (Policies) regarding working conditions.
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B. Grievance - A written allegation by an employee that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this document, existing City Rule(s), Regulation(s) or Policy (Policies) regarding working conditions.

C. Grievant - A regular or probationary employee, who alleges in a grievance that the employee has been directly wronged by a violation of a City Rule(s), Regulation(s) or Policy (Policies) regarding working conditions.

D. Immediate Supervisor - The appropriate supervisory or management person to whom the employee directly reports.

E. Representative - An employee or other person representing the grievant who, at the grievant's request, may be present at Levels I through IV.

F. Respond and File - Personal delivery, work or personal email, or deposit in the U.S. mail, postage prepaid. If mail delivery is used, it will be by certified, return receipt requested mail, and the certified receipt date will establish the date of response or filing. If work or personal email is used, the calendar date of the email sent will establish the date of response or filing. If personal delivery is used, the calendar date of delivery will establish the date of response or filing.

Section 8.02 Level I - Informal Review
A. An employee will have the right to present a complaint and to have the complaint considered with the immediate supervisor no later than 15 working days after the event giving rise to the complaint, or no later than 15 working days after the employee knew or reasonably should have known of the event giving rise to the complaint.

B. Whenever possible, the employee and the employee’s immediate supervisor will attempt to resolve the complaint informally.

C. The immediate supervisor will provide an answer to the employee no later than 14 working days after the employee presents the grievance. Such response will be provided orally.

D. A resolution of the complaint at the informal level will not be precedent setting.

Section 8.03 Level II – Formal
A. If the complaint is not resolved through Level I informal discussions, the employee may file a Level II grievance with the Department Head no later than 10 working days after the response of the immediate supervisor at Level I. The grievant will state the following clearly and concisely on a grievance form provided by the City (Appendix B):

1. The specific term(s) of the document, City Rule, Regulation, or written policy regarding working conditions, which have been violated;

2. the action grieved, including names, dates, places, and times and how it violated a specific term(s) of this document, City Rule, Regulation, or policy regarding working conditions;

3. the remedy sought;
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4. the name and classification of the grievant and the employee’s signature;

5. the name of the representative, if any; and

6. the date of submission.

B. The Department Head will hold a meeting with the grievant and employee’s representative, if any, at a mutually acceptable time and location no later than 10 working days after the receipt of the grievance. The Department Head will respond in writing to the grievant within 10 working days after the Level II meeting. The response will be accompanied by the original grievance and accompanying documentation.

Section 8.04 Level III
A. In the event the grievance is not settled at Level II, the grievant may file the Level III grievance with the Agency Head no later than 10 working days after the Level II response.

The grievant will include in the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfactory. The Agency Head may hold a meeting with the grievant and the employee’s representative, if any, at a mutually acceptable time and location. The Agency Head will respond to the grievant no later than 10 working days after receipt of the Level III grievance.

B. The grievant will present at Level III all issues and written evidence known or which could have been reasonably known. No additional issues may be presented by the grievant after Level III.

C. Amendments and/or modifications to the grievance will not be made by the grievant after the Level III filing date, except by mutual agreement. This provision does not preclude either party from presenting new evidence should either party discover it at a later date.

Each party will make an effort to share evidence with each other upon discovery.

Section 8.05 Level IV
A. In the event the grievance is not settled at Level III, the grievant may file a Level IV grievance with the City Manager no later than 10 working days after the receipt of the Level III response.

B. The City Manager or the City Manager’s designee (acting with the full authority of the City Manager) may meet with the grievant at a mutually acceptable time and location within 10 working days of receipt of the written grievance. The City Manager or the City Manager’s designee shall respond to the grievant no later than 10 working days after the meeting or 20 working days after receipt of the grievance at Level IV. The response will be accompanied by the original grievance and accompanying documentation.

C. If the grievance has not been settled at Level IV, then within 10 working days after receipt of the Level IV written decision or the expiration of the time limits for making such decision, the grievant may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the Executive Director Human Resources / Risk Management.

Section 8.06 Level V – Arbitration
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A. The arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.

B. The arbitrator will be selected using an alternate striking procedure [by mutual agreement of both parties] and a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable source, or the arbitrator may be selected by mutual agreement.

C. The cost of any arbitration proceeding will be divided equally between the City and the grievant.

D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, will result in the forfeiture of the case and responsibility for payment of all costs of arbitration. "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear. Any cancellation or postponement fee will be borne by the responsible party.

E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to the review and approval of the City Council.

F. The cost of the arbitration services shall be shared equally by the parties. Any expenses for witnesses, however, shall be borne by the party who calls them.

G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this document, City Rule, Regulation, or policy regarding working conditions.

H. If an arbitrability question exists, the arbitrator will determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

Section 8.07 General Provisions
A. Failure of the grievant to comply with the time limitations of this Article will render the grievance untimely and the grievance will not continue be processed at any Level. Failure by the City representative to timely respond under this Article will permit the grievance to be filed at the next level.

B. Time limits set forth in this Article may be extended by mutual agreement.

C. No punitive action or retaliation will be assessed against an employee for utilizing the grievance procedure.

D. Employees will be granted release time not to exceed one hour for the purpose of discussing a potential grievance with their representative or preparing for a grievance which has been filed at Level II. Such release time for pre-grievance consultation or grievance preparation is applicable per grievance and its scheduling will not interfere with departmental operations.

E. The parties may consolidate at any level grievances on similar issues.

F. Grievance records will be filed separately from an employee's personnel file and will be 1947
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considered confidential.

G. A grievant may withdraw a grievance at any time. The grievant will not file any subsequent grievance on the same alleged incident.

H. A decision by the grievant to submit a grievance to arbitration will automatically be a waiver of all other remedies except as provided otherwise by statute.

I. No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.

J. Organizational channels will be utilized at all times and participation in the grievance and the discussion of information related thereto will be limited to the parties to the grievance except when such other persons are identified and/or called as witnesses.

K. A group of employees may file one grievance rather than individual grievances as long as the following conditions are met:

1. Each employee in the "group" grievance is individually named.

2. The grievable matter is exactly the same for each employee cited in the grievance.

3. The City is not obligated to conduct grievance hearings or provide grievance responses to each individual, but only to one of the employees involved who represents the Group filing the grievance.

L. The review of a proposed disciplinary action shall not be subject to these grievance procedures.

Section 8.08 Authority of Third Party
Each issue decided by arbitration will stand on its own merits and will not be used as a precedent in deciding any future issue.

Article IX. GENERAL PROVISIONS
Section 9.01 Personnel Files
A. The official personnel files shall be located in and/or maintained by the Human Resources / Risk Management Department. The official personnel file shall consist of a physical file as well as a digital file within the City’s Human Resources Information System. Personnel actions (i.e. discipline, promotions) will be based on documentation within such file.

B. Employees have the right to have access to, and obtain copies of, any document in the physical version of their official personnel file. Employees may be charged for cost of excessive duplication of any materials in the personnel file for which they request copies.

C. The City shall provide employees with secured online access to the digital version of their personnel file, which includes the ability to view and print records within the file. The ability to access the digital version of the personnel file is subject to internet availability and may 1948
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be restricted by the software provider during reasonable periods for maintenance and/or required updates.

D. An employee will be provided with an initial copy of any document, which will be placed in the official personnel file. An employee shall have the right to respond in writing or personal interview to any information contained in the employee’s personnel file. Such a reply will remain in the personnel file so long as the referenced document is in the file.

Section 9.02 Overpayments, Recovery and Underpayments
A. In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall occur within the same time frame the overpayment was received by the employee or sooner at the employee’s discretion.

B. Either Human Resources / Risk Management, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the employee. A meeting may be requested by the employee with the Payroll Department to review the documentation and to discuss the recovery schedule. The repayment schedule, biweekly repayment amount, or alternative repayment method (including repayment from personal funds) will be documented in writing.

C. Extensions to the period for repayment of the overage or an alternative repayment method may be requested by the employee and are subject to the approval of the Executive Director of Finance or their designee. Extensions will be approved only in the case of extreme hardship, and the extended period for repayment will not be longer than one and one-half times as long as the overpayment period.

D. If the employee leaves employment prior to repayment of overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate a collections process against the employee.

E. In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for which the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.

Section 9.03 Direct Deposit and Electronic Pay Advice
A. Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one (1) month.

B. In an extraordinary circumstance/event that an employee is unable to make arrangements for electronic fund transfer, the employee shall submit a request in writing to the Human Resources / Risk Management Department to be considered for an exception. Human Resources / Risk Management shall review the request for the Direct Deposit Special Exemption and may request supporting documentation; and the employee will be notified of the determination.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for 1949
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continuation, subject to the approval of the Human Resources / Risk Management Department.

D. The electronic pay advice will be available for employees to view, save and print in the City’s Human Resources Information System on the employee’s pay day.

Section 9.04 Severability
If any article or section of this Profile shall be found to be in conflict with any statute or regulation of the United States or the State of California by a court of competent jurisdiction, such article or section shall be deemed null and void and of no further effect. However, such articles and sections shall be severable from the remainder of this Profile, and all other provisions hereof shall continue in full force and effect.

Section 9.05 Peaceful Performance of City Services
A. Employees shall not cause, condone, or participate in any strike, walk out, work stoppage, job action, slow down, speed up, sick out, refusal, or failure to faithfully perform assigned duties and responsibilities, withholding of services or other interference with City operations, including compliance with the request of any labor organizations to engage in any or all of the preceding activities.

B. In addition to any other lawful remedies for the disciplinary action available to the City, the City may invoke any and all remedies available to it under its Employer-Employee Relations Section of the Personnel Rules and Regulations.

Article X. FINAL SIGNATURE
All terms and conditions set forth in this Profile are hereby effective the 1st day of July 2026. This Compensation and Benefits Profile supersedes all previous versions of this document. _________________________________ ________________
Scott Ochoa Date
City Manager
1950

APPENDIX A - SALARY GRADE TABLE

CONFIDENTIAL
Classification Step Hourly Rate Monthly Rate
Accountant I Step 1 $42.10 $7,297.33
Step 2 $44.21 $7,663.07
Step 3 $46.44 $8,049.60
Step 4 $48.76 $8,451.73
Step 5 $51.16 $8,867.73
Accounting Technician Step 1 $35.31 $6,120.40
Step 2 $37.05 $6,422.00
Step 3 $38.91 $6,744.40
Step 4 $40.84 $7,078.93
Step 5 $42.90 $7,436.00
Accounts Payable Technician Step 1 $35.31 $6,120.40
Step 2 $37.05 $6,422.00
Step 3 $38.91 $6,744.40
Step 4 $40.84 $7,078.93
Step 5 $42.90 $7,436.00
Administrative Assistant Step 1 $35.67 $6,182.80
Step 2 $37.47 $6,494.80
Step 3 $39.31 $6,813.73
Step 4 $41.28 $7,155.20
Step 5 $43.34 $7,512.27
Administrative Assistant to the City Council Step 1 $47.36 $8,209.07 Step 2 $49.74 $8,621.60
Step 3 $52.20 $9,048.00
Step 4 $54.82 $9,502.13
Step 5 $57.52 $9,970.13
Administrative Specialist - Confidential Step 1 $39.22 $6,798.13 Step 2 $41.16 $7,134.40
Step 3 $43.24 $7,494.93
Step 4 $45.39 $7,867.60
Step 5 $47.67 $8,262.80
Community Information Specialist Step 1 $36.36 $6,302.40 Step 2 $38.14 $6,610.93
Step 3 $40.08 $6,947.20
Step 4 $42.07 $7,292.13
Step 5 $44.18 $7,657.87
Database Administrator Step 1 $65.01 $11,268.40
Step 2 $68.27 $11,833.47
Step 3 $71.69 $12,426.27
Step 4 $75.25 $13,043.33
Step 5 $78.99 $13,691.60
Economic Development Analyst Step 1 $47.86 $8,295.73
Step 2 $50.24 $8,708.27
Step 3 $52.76 $9,145.07
Step 4 $55.40 $9,602.67
Step 5 $58.17 $10,082.80
July 12, 2026
Actual rates will be calcualted by the City's payroll system. Page 1 of 6 1951

APPENDIX A - SALARY GRADE TABLE
Economic Development Specialist Step 1 $41.01 $7,108.40 Step 2 $43.07 $7,465.47
Step 3 $45.20 $7,834.67
Step 4 $47.47 $8,228.13
Step 5 $49.84 $8,638.93
Financial Analyst Step 1 $57.46 $9,959.73
Step 2 $60.32 $10,455.47
Step 3 $63.34 $10,978.93
Step 4 $66.53 $11,531.87
Step 5 $69.80 $12,098.67
Human Resources Coordinator Step 1 $42.99 $7,451.60
Step 2 $45.13 $7,822.53
Step 3 $47.37 $8,210.80
Step 4 $49.75 $8,623.33
Step 5 $52.23 $9,053.20
Human Resources Specialist Step 1 $36.36 $6,302.40
Step 2 $38.14 $6,610.93
Step 3 $40.08 $6,947.20
Step 4 $42.07 $7,292.13
Step 5 $44.18 $7,657.87
Human Resources Technician Step 1 $38.97 $6,754.80
Step 2 $40.92 $7,092.80
Step 3 $42.96 $7,446.40
Step 4 $45.11 $7,819.07
Step 5 $47.37 $8,210.80
IT Specialist Step 1 $41.01 $7,108.40
Step 2 $43.07 $7,465.47
Step 3 $45.20 $7,834.67
Step 4 $47.47 $8,228.13
Step 5 $49.84 $8,638.93
IT Technician Step 1 $36.91 $6,397.73
Step 2 $38.75 $6,716.67
Step 3 $40.67 $7,049.47
Step 4 $42.70 $7,401.33
Step 5 $44.84 $7,772.27
Management Analyst - Confidential Step 1 $47.86 $8,295.73 Step 2 $50.24 $8,708.27
Step 3 $52.76 $9,145.07
Step 4 $55.40 $9,602.67
Step 5 $58.17 $10,082.80
Office Assistant - Confidential Step 1 $24.82 $4,302.13 Step 2 $26.06 $4,517.07
Step 3 $27.37 $4,744.13
Step 4 $28.72 $4,978.13
Step 5 $30.16 $5,227.73
Office Specialist - Confidential Step 1 $29.97 $5,194.80 Step 2 $31.49 $5,458.27
Step 3 $33.06 $5,730.40
Step 4 $34.68 $6,011.20
Step 5 $36.41 $6,311.07
Actual rates will be calcualted by the City's payroll system. Page 2 of 6 1952

APPENDIX A - SALARY GRADE TABLE
Payroll Coordinator Step 1 $45.24 $7,841.60
Step 2 $47.51 $8,235.07
Step 3 $49.88 $8,645.87
Step 4 $52.38 $9,079.20
Step 5 $54.97 $9,528.13
Payroll Technician Step 1 $38.97 $6,754.80
Step 2 $40.92 $7,092.80
Step 3 $42.96 $7,446.40
Step 4 $45.11 $7,819.07
Step 5 $47.37 $8,210.80
Personnel and Training Coordinator Step 1 $38.97 $6,754.80 Step 2 $40.92 $7,092.80
Step 3 $42.96 $7,446.40
Step 4 $45.11 $7,819.07
Step 5 $47.37 $8,210.80
Records Coordinator Step 1 $38.83 $6,730.53
Step 2 $40.77 $7,066.80
Step 3 $42.80 $7,418.67
Step 4 $44.95 $7,791.33
Step 5 $47.18 $8,177.87
Records Specialist Step 1 $29.97 $5,194.80
Step 2 $31.47 $5,454.80
Step 3 $33.02 $5,723.47
Step 4 $34.66 $6,007.73
Step 5 $36.41 $6,311.07
Risk Management Specialist Step 1 $36.36 $6,302.40
Step 2 $38.14 $6,610.93
Step 3 $40.08 $6,947.20
Step 4 $42.07 $7,292.13
Step 5 $44.18 $7,657.87
Senior Accountant Step 1 $48.88 $8,472.53
Step 2 $51.33 $8,897.20
Step 3 $53.90 $9,342.67
Step 4 $56.58 $9,807.20
Step 5 $59.40 $10,296.00
Senior Accounts Payable Technician Step 1 $37.23 $6,453.20 Step 2 $39.09 $6,775.60
Step 3 $41.20 $7,141.33
Step 4 $43.11 $7,472.40
Step 5 $45.24 $7,841.60
Senior Administrative Assistant Step 1 $39.25 $6,803.33 Step 2 $41.20 $7,141.33
Step 3 $43.24 $7,494.93
Step 4 $45.42 $7,872.80
Step 5 $47.67 $8,262.80
Senior Information Technology Specialist Step 1 $51.40 $8,909.33 Step 2 $53.98 $9,356.53
Step 3 $56.66 $9,821.07
Step 4 $59.50 $10,313.33
Step 5 $62.46 $10,826.40
Actual rates will be calcualted by the City's payroll system. Page 3 of 6 1953

APPENDIX A - SALARY GRADE TABLE
Senior Performance and Optimization Analyst Step 1 $60.74 $10,528.27 Step 2 $63.81 $11,060.40
Step 3 $66.96 $11,606.40
Step 4 $70.33 $12,190.53
Step 5 $73.83 $12,797.20
Senior Records Specialist Step 1 $35.33 $6,123.87
Step 2 $37.08 $6,427.20
Step 3 $38.93 $6,747.87
Step 4 $40.88 $7,085.87
Step 5 $42.91 $7,437.73
Senior Systems Analyst Step 1 $60.76 $10,531.73
Step 2 $63.82 $11,062.13
Step 3 $67.00 $11,613.33
Step 4 $70.34 $12,192.27
Step 5 $73.84 $12,798.93
Systems Analyst Step 1 $51.40 $8,909.33
Step 2 $53.98 $9,356.53
Step 3 $56.66 $9,821.07
Step 4 $59.50 $10,313.33
Step 5 $62.46 $10,826.40
Systems Specialist Step 1 $41.01 $7,108.40
Step 2 $43.07 $7,465.47
Step 3 $45.20 $7,834.67
Step 4 $47.47 $8,228.13
Step 5 $49.84 $8,638.93

CONFIDENTIAL MANAGEMENT
Classification Step Hourly Rate Monthly Rate
Administrative Officer - Confidential Step 1 $66.75 $11,570.00 Step 2 $70.12 $12,154.13
Step 3 $73.61 $12,759.07
Step 4 $77.31 $13,400.40
Step 5 $81.16 $14,067.73
Payroll Supervisor Step 1 $56.95 $9,871.33
Step 2 $59.79 $10,363.60
Step 3 $62.78 $10,881.87
Step 4 $65.90 $11,422.67
Step 5 $69.19 $11,992.93
Principal Human Resources Agency Partner Step 1 $66.75 $11,570.00 Step 2 $70.12 $12,154.13
Step 3 $73.61 $12,759.07
Step 4 $77.31 $13,400.40
Step 5 $81.16 $14,067.73
Risk Manager Step 1 $66.75 $11,570.00
Step 2 $70.36 $12,195.73
Step 3 $73.95 $12,818.00
Step 4 $77.57 $13,445.47
Step 5 $81.16 $14,067.73
July 12, 2026
Actual rates will be calcualted by the City's payroll system. Page 4 of 6 1954

APPENDIX A - SALARY GRADE TABLE
Safety Officer Step 1 $59.39 $10,294.27
Step 2 $62.59 $10,848.93
Step 3 $65.78 $11,401.87
Step 4 $68.97 $11,954.80
Step 5 $72.16 $12,507.73
Senior Financial Analyst - Confidential Step 1 $61.64 $10,684.27 Step 2 $64.71 $11,216.40
Step 3 $67.96 $11,779.73
Step 4 $71.34 $12,365.60
Step 5 $74.92 $12,986.13
Senior Human Resources Analyst Step 1 $59.39 $10,294.27 Step 2 $62.37 $10,810.80
Step 3 $65.48 $11,349.87
Step 4 $68.75 $11,916.67
Step 5 $72.16 $12,507.73
Senior Management Analyst - Confidential Step 1 $55.06 $9,543.73 Step 2 $57.82 $10,022.13
Step 3 $60.70 $10,521.33
Step 4 $63.74 $11,048.27
Step 5 $66.89 $11,594.27

SPECIALIZED CONFIDENTIAL
Classification Step Hourly Rate Monthly Rate
Executive Assistant to the City Manager Step 1 $70.23 $12,173.20 Step 2 $73.73 $12,779.87
Step 3 $77.42 $13,419.47
Step 4 $81.28 $14,088.53
Step 5 $85.33 $14,790.53
Human Resources Analyst Step 1 $56.57 $9,805.47
Step 2 $59.40 $10,296.00
Step 3 $62.37 $10,810.80
Step 4 $65.45 $11,344.67
Step 5 $68.72 $11,911.47
Internal Auditor Step 1 $49.25 $8,536.67
Step 2 $51.72 $8,964.80
Step 3 $54.28 $9,408.53
Step 4 $57.00 $9,880.00
Step 5 $59.85 $10,374.00
Legislative Analyst Step 1 $47.85 $8,294.00
Step 2 $50.23 $8,706.53
Step 3 $52.75 $9,143.33
Step 4 $55.38 $9,599.20
Step 5 $58.15 $10,079.33
Risk Management Adjuster Step 1 $53.89 $9,340.93
Step 2 $56.57 $9,805.47
Step 3 $59.40 $10,296.00
Step 4 $62.37 $10,810.80
Step 5 $65.48 $11,349.87
July 12, 2026
Actual rates will be calcualted by the City's payroll system. Page 5 of 6 1955

APPENDIX A - SALARY GRADE TABLE
Senior Community Information Specialist Step 1 $45.24 $7,841.60 Step 2 $47.51 $8,235.07
Step 3 $49.88 $8,645.87
Step 4 $52.38 $9,079.20
Step 5 $54.97 $9,528.13
Senior Internal Auditor Step 1 $55.53 $9,625.20
Step 2 $58.30 $10,105.33
Step 3 $61.22 $10,611.47
Step 4 $64.30 $11,145.33
Step 5 $67.46 $11,693.07
Actual rates will be calcualted by the City's payroll system. Page 6 of 6 1956

CITY OF ONTARIO

EMPLOYEE GRIEVANCE FORM

CONFIDENTIAL UNIT

Confidential Grievance Form
Appendix B
Name(s):

Classification(s):

Phone: (w) (h) Dept:

Home Address:

Employee: Signature:

Check Filing Level
II - *Must be filed within 10 working days from Level I response. Date filed:

III - *Must be filed within 10 working days from Level II response. Date filed:

IV - *Must be filed within 10 working days from Level III response. Date filed:
*Timelines may be extended by mutual agreement.

Each filing must be accompanied by a written statement indicating the reason why the proposed settlement at the prior level was not satisfactory.

Provide clear and concise statements.

Cite specific term(s) of MOU, City Rule, Regulation or policy, regarding working conditions alleged to have been violated:

Nature of the Problem: (The action grieved including pertinent names, dates, places and times and how it violated a specific term(s) of this MOU, City Rule, Regulation or policy regarding working conditions):

Proposed Solution:

Date of Level I Response:
1957

Confidential Grievance Form

FORMAL LEVEL RESPONSES
Level II Response: Department Head (Assistant Department Head if no Agency Level) - *Respond within 10 working days from Level II meeting date.

Name and Title:

Signature: Date:

Level III Response: Agency Head (Department Head if no Agency Level) - *Respond within 10 working days from receipt of grievance.

Name and Title:

Signature: Date:

Level IV Response: City Manager -
1Respond within 10 working days after the Level III
meeting or within 20 working days from receipt of grievance.

Name and Title:

Signature: Date:

1 Response time may be extended by mutual agreement.
1958
Compensation and
Benefits Profile
For

City of Ontario
Department
Head
Employees
July 1, 2026
1959
Compensation & Benefits Profile – Department Head 07/01/2026

Table of Contents
ARTICLE I. ADMINISTRATION.............................................................................................................................4 SECTION 1.01 COVERED EMPLOYEE CLASSIFICATIONS .....................................................................................................4 SECTION 1.02 TERMS AND CONDITIONS OF EMPLOYMENT...............................................................................................4 ARTICLE II. COMPENSATION ...............................................................................................................................5 SECTION 2.01 PAY PLAN AND BENEFITS REVIEW............................................................................................................5 SECTION 2.02 COMPENSATION ADJUSTMENTS ..............................................................................................................5 SECTION 2.03 PAY FOR PERFORMANCE BONUS .............................................................................................................5 SECTION 2.04 MANAGEMENT INCENTIVE PAY ...............................................................................................................6 ARTICLE III. LEAVES – PAID AND UNPAID.............................................................................................................6 SECTION 3.01 HOLIDAYS...........................................................................................................................................6 SECTION 3.02 ANNUAL LEAVE....................................................................................................................................7 SECTION 3.03 USE OF RETAINED SICK LEAVE...............................................................................................................10 SECTION 3.04 MANAGEMENT LEAVE.........................................................................................................................10 SECTION 3.05 PERSONAL LEAVE ...............................................................................................................................10 SECTION 3.06 BEREAVEMENT LEAVE .........................................................................................................................11 SECTION 3.07 COMPENSATORY LEAVE.......................................................................................................................11 SECTION 3.08 FAMILY MEDICAL CARE LEAVES.............................................................................................................11 SECTION 3.09 CATASTROPHIC LEAVE PROGRAM ..........................................................................................................12 SECTION 3.10 JURY DUTY........................................................................................................................................13 SECTION 3.11 PAID FAMILY CARE LEAVE....................................................................................................................13 SECTION 3.12 REPRODUCTIVE LOSS LEAVE .................................................................................................................14 SECTION 3.13 LEADERSHIP ENRICHMENT & ADVANCEMENT PROGRAM (LEAP) ................................................................14 ARTICLE IV. BENEFITS......................................................................................................................................... 15 SECTION 4.01 HEALTH INSURANCE CONTRIBUTION ......................................................................................................15 SECTION 4.02 INSURANCE .......................................................................................................................................15 SECTION 4.03 FLEXIBLE SPENDING ACCOUNTS ............................................................................................................18 SECTION 4.04 DEFERRED COMPENSATION..................................................................................................................18 SECTION 4.05 EMPLOYEE ASSISTANCE PROGRAM ........................................................................................................19 SECTION 4.06 TUITION REIMBURSEMENT...................................................................................................................19 SECTION 4.07 AUTO ALLOWANCE.............................................................................................................................20 SECTION 4.08 MEAL REIMBURSEMENT ......................................................................................................................20 SECTION 4.09 HEALTH AND WELLNESS REIMBURSEMENT..............................................................................................20 ARTICLE V. RETIREMENT – END OF SERVICE...................................................................................................... 21 SECTION 5.01 CALPERS CONTRIBUTION....................................................................................................................21 SECTION 5.02 EMPLOYEE SEVERANCE COMPENSATION.................................................................................................22 ARTICLE VI. GENERAL PROVISIONS .................................................................................................................... 22 SECTION 6.01 OVERPAYMENTS, RECOVERY AND UNDERPAYMENTS .................................................................................22 SECTION 6.02 DIRECT DEPOSIT AND ELECTRONIC PAY ADVICE........................................................................................23 ARTICLE VII. FINAL SIGNATURE ........................................................................................................................... 23

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Article I. Administration
Section 1.01 Covered Employee Classifications
This profile covers employees in the following Department Head classifications:

CLASSIFICATION LISTING
Assistant City Clerk / Records Management
Director
Assistant Finance Director
Assistant General Manager - Administration and
Customer Service
Assistant General Manager - Utilities Engineering
and Operations
Assistant Human Resources Risk Management
Director
Assistant Information Technology Director
Broadband General Manager Building Official
Chief Deputy Chief Investment Officer
City Engineer Community Development Assistant Director
Community Improvement Director Departmental Administrator Deputy City Manager Deputy Director Housing Services
Deputy Director Innovation, Performance and
Audit
Deputy Finance Director
Deputy Police Chief Design and Construction Director
Economic Development Director Emergency Medical Services Director Fire Administrative Director Fire Marshal
Housing Services Director Information Security Officer
Innovation Performance and Audit Director Integrated Waste Director Library Director Municipal Services Director
Museum, Arts and Culture Director Parks and Streets Maintenance Director Planning Director Police Administrative Director
Public Works Assistant Director Real Estate Administrative Director Real Estate and Development Assistant Director Recreation/Community Services Director Utilities Customer Services Director Utilities Director Section 1.02 Terms and Conditions of Employment
A. The Department Head Compensation and Benefits Profile is a summary of benefits and compensation practices approved by the City Council to be applied on an ongoing basis.

The provisions of this document apply to all employees appointed to the Department Head classifications listed in Section 1.01 (hereinafter known as Employee).

B. This document sets forth policies and procedures to follow in implementing and administering this Department Head Compensation and Benefit program. The various sections and provisions of the Government Code, Municipal Code, Personnel Rules and Regulations, and “Employment Policies” in the City’s Online Policy Center in effect and applicable to the above-mentioned classifications will remain in effect unless expressly superseded by provisions within this document.

C. The terms and conditions of employment for employees may also be addressed in individual employment contracts. Such contracts are considered supplemental to this document to address terms and conditions of employment that may not be covered in this document. However, if an individual’s employment contract is in conflict with this document, then the provisions of the contract will supersede the provisions of this document. 1962
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D. Employees in Department Head classifications are considered to serve at the will and pleasure of the City Manager. The appointment of a person to a Department Head position will be made by the City Manager with the recommendation of the appropriate Executive Agency Head.

E. Employees in Department Head classifications are not represented by an employee organization. The terms and conditions of employment for these employees are provided in this Profile and/or employment contracts between the City and Department Head employees.

F. The various forms of compensation and benefits described in this comprehensive document recognize that individuals in Department Head classifications should be compensated appropriately for exhibiting accountability, cost effectiveness, application of new technologies and maximizing the utilization of human, physical and fiscal resources to enhance the mission and future of the City; and for stimulating the development of people and methods which will facilitate the meeting of program goals and objectives.

G. The Profile may be amended on a periodic basis by the City Manager. The impacts of amendments to the Profile shall not exceed the budget authorizations provided by the City Council.

Article II. COMPENSATION
Section 2.01 Pay Plan and Benefits Review
Salary and benefit levels will be reviewed on a periodic basis. Such a review will contain comparisons with other similar agencies within the appropriate job market. Such comparisons will be one of the factors utilized to recommend competitive salary and benefit levels. Salary and benefit levels for individual positions may be adjusted periodically, within the budget appropriation levels authorized by the City Council.

Section 2.02 Compensation Adjustments
A. Progression in the salary range for employees shall be based on the employee’s performance. The employee’s Agency Head shall be responsible for evaluating the employee’s work performance and recommending any salary increases based on the employee’s performance. Employees will be evaluated annually.

B. The City has adopted a compensation grade table for Department Head classifications.

This table includes a subsection for Department Head – Safety (Deputy Police Chief and Chief Deputy) classifications. This compensation grade table represents the complete range of base compensation for Department Head and Department Head – Safety classifications. Each classification is associated with a specific compensation grade as identified in Appendix A.

C. The City Manager shall assign each Department Head / Department Head - Safety classification to a compensation grade consistent with Section 2.01.

D. The compensation ranges adopted on July 13, 2025, will remain in effect.

Section 2.03 Pay for Performance Bonus
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Employees in the Department Head Group shall be eligible for Pay for Performance Bonus designed, as part of the annual evaluation process, to reward either singular achievement during the course of the evaluation year or superlative overall achievement. Examples include but are not limited to the completion of a major assigned project on time or under budget; enabling significant cost savings to the City; or making significant improvements to the efficiency of established practices.

Employees whose base salary compensation is below the maximum of their classification’s assigned compensation range will be eligible for a combination of a merit increase (up to the range’s maximum) and one-time non-PERSable bonuses that do not exceed an amount that is five (5) percent above the annual maximum base compensation for their classification. Employees whose base salary compensation is at the maximum of their classification’s assigned compensation range will be eligible for one-time non-PERSable bonuses that do not exceed an amount that is five (5) percent above the annual maximum base compensation for their classification. Additionally, a one-time non-PERSable bonus of one (1) to five (5) percent can be awarded in lieu of a merit increase.

Any bonus granted under this program shall be requested in writing by the employee’s Agency Head and approved at the sole discretion of the City Manager. Any bonus awarded under this program is one-time and is not considered part of base salary, nor is there any intention that any bonus serve as the basis for any future compensation.

Section 2.04 Management Incentive Pay
Employees in the Deputy Police Chief classification shall receive Police Management Incentive credit at the rate of 8.08 hours per pay period, for a total of 210 hours each calendar year, in recognition of full-time duties performed during normal working hours that pertain to the unique nature of the job. Such credit shall not be available for use as time off and shall be paid as salary compensation at the employee's regular rate of pay.

Employees in the Chief Deputy classification shall receive management incentive pay at the rate of five (5) hours per pay period, for a total of 130 hours per calendar year, in recognition of fulltime duties performed during normal working hours that pertain to the unique nature of the job.

Such hours shall not be used as time off and shall be paid as salary compensation at the employee's regular rate of pay.

Article III. LEAVES – PAID AND UNPAID
It is understood that there exists a variety of different circumstances and situations, which require the employee’s absence from work. The following is a compilation of leaves for employees:

Section 3.01 Holidays
A. The following paid holidays will be observed on the day specified.

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
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Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day After 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
B. Any holiday listed in provision 3.01 that falls on a Sunday will be observed on the following Monday.

C. Any holiday which falls on an employee’s regular day off shall be accrued as annual leave.

The employee shall receive annual leave equal to their scheduled workday, not to exceed 10 hours per holiday, as follows:

1. Employees on an 8-hour per day work schedule shall receive eight (8) hours of annual leave.

2. Employees on a 4/10 work schedule shall receive ten (10) hours of annual leave.

3. Employees on a 9/80 work schedule shall receive compensation in accordance with their scheduled work day, as follows:
a. Employees shall receive the number of hours they were scheduled to work the day the holiday is observed (e.g. 9 or 8 hours).
b. If the holiday falls on the employee’s regularly scheduled or “flex” day off, the employee shall receive nine (9) hours of annual leave.

D. At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Year’s Day. During this time, employees shall use accrued annual leave or management leave to cover this period of closure.

Section 3.02 Annual Leave
A. The purpose of annual leave is to provide employees in the Department Head Group the ability to accrue time for use in vacation, sick leave and personal leave situations.

Employees do not accrue separate vacation or sick leave hours. Annual leave shall not be used:

1. To extend retirement or separation date; or

2. for illness or injury arising from outside employment, for which the employee is receiving workers’ compensation or disability payments from another employer.

B. Employees, exclusive of the Deputy Police Chief and Chief Deputy classifications, accumulate the following annual leave hours in accordance with City service time.

Employees accrue annual leave evenly over 26 pay periods each year as follows:

Years of Service Annual Leave Hours
Earned Per Year
1 – 3 192
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Years of Service Annual Leave Hours
Earned Per Year
4 200
5 – 8 216
9 – 10 224
11 232
12 240
13 248
14 256
15 264
16+ 272

1. Annual leave shall be accrued based on paid hours on a pro-rated basis. For example, if an employee is paid for 40 hours in an 80-hour pay period, the employee shall earn one-half of the normal accrual. Paid hours include regular work time, holiday, annual, management, bereavement, sick, personal, paid family care leave, catastrophic, jury duty, military, and disciplinary leaves. It excludes amounts paid by any disability benefits, including short-term disability and workers’ compensation.

2. The maximum annual leave balance shall be 800 hours. Employees shall not accrue annual leave above 800 hours.

3. Upon initial hire with the City, the City Manager may authorize a higher leave accrual rate.

4. Employees in the Deputy Police Chief classification shall accrue annual leave as provided for the Police Captain classification in the Memorandum of Understanding for the Ontario Police Management Group.

5. Employees in the Chief Deputy classification shall accrue annual leave as provided for the Deputy Fire Chief classification in the Memorandum of Understanding for the Ontario Fire Management Group.

C. Conversion of Accumulated Vacation and Sick Leave to Annual Leave

1. If an employee with accumulated vacation leave hours is promoted to a Department Head classification, all accumulated vacation leave hours shall be converted to annual leave hours.

2. If an employee with accumulated sick leave hours is promoted to a Department Head classification, the employee may, at the employee’s option, convert up to 100 hours of sick leave to annual leave hours. Remaining accumulated sick leave hours will be retained only for use as leave for purposes described in Section 3.03.

3. Employees cannot convert “retained sick leave” to annual leave at any other time.

4. Upon promotion into the Department Head Group, if the combination of converted sick and vacation leave hours results in an annual leave balance of more than 750 hours, any leave hours over 750 hours will be converted to compensation at the rate prior to promotion.

D. Conversion of Annual Leave to Compensation

1. Unit employees wishing to participate in the voluntary leave conversion process must 1966
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submit an irrevocable election form by no later than December 15th of the preceding calendar year to convert the following hours to cash:
a) Accrued Annual Leave - An amount which may not exceed the number of annual leave hours the individual employee may accrue in the following calendar year.

2. The cash-out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form.

3. The total combined number of annual leave hours converted per calendar year shall not exceed 300 hours.

4. The payment shall be made via payroll, and employees may elect to receive the cash out on the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

5. Employees who do not submit an irrevocable election form by December 15th will be deemed to have declined participation in the optional annual leave and/or compensatory time conversion salary program for the following calendar year.

6. Any conversion of annual leave hours to cash shall not cause the employee’s total amount of accrued annual leave in their annual leave bank to fall below a forty (40) hour minimum balance. Cash-out of accumulated time shall be at the employee’s option. Requests for cash-out are to be submitted in a manner prescribed by the City.

7. In the event an employee has fewer hours in their annual leave and compensatory bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their annual leave and compensatory bank at the time of the actual cash-out.

8. If an employee makes an irrevocable election to cash-out annual leave and/or compensatory time in the following calendar year and uses such leave in that subsequent calendar year, the annual and compensatory leave used will come from the annual or compensatory leave the employee had earned (if any) prior to January 1st of the calendar year the employee has elected to cash-out. The employee’s use of earned, but unused annual and/or compensatory leave accumulated from previous calendar years shall not result in a reduction in the number of annual and/or compensatory hours the employee is eligible to cash-out.

9. An employee who experiences an unforeseen emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.

For these purposes, an “unforeseen emergency” means a financial hardship to the employee resulting from any of the following:
a. Accident, illness, injury or death of the employee or an immediate family member.

For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or
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b. Loss or extensive damage to the employee’s property due to casualty; or c. Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee.

Whether an occurrence is an unforeseeable emergency shall be solely determined by the Executive Director Human Resources / Risk Management or designee.

Section 3.03 Use of Retained Sick Leave
A. Employees may utilize any retained sick leave balance as paid leave for the diagnosis, care, or treatment of an existing health condition for, or the preventive care of, an employee or an employee's immediate family member. "Family member" for purposes of this policy includes spouses, registered domestic partners, children (regardless of age), parents (including step-parents and parents-in-law), grandparents, grandchildren, siblings, or a designated person. Employees may also use retained sick leave under this policy if they or a family member is a victim of a crime, including domestic violence, sexual assault, stalking, or for any other reason consistent with California law.

B. In addition, employees may utilize any retained sick leave balance for use as paid leave for:

1. Death of an immediate family member as defined in Section 3.06; or

2. conversion to CalPERS Service Credit.

C. A City employee is not entitled to use retained sick leave for illness or injury arising out of employment, other than employment for the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

D. Employees are not eligible to use retained sick leave for donations to catastrophic leave programs.

E. All determinations of retained sick leave usage will be made by the Agency Head concerned, subject to the approval of the Executive Director Human Resources/Risk Management.

Section 3.04 Management Leave
Effective July 12, 2026, the annual management leave accrual shall increase from fifty (50) hours to sixty (60) hours. Hours will be credited to each employee the first full pay period ending in January. Employees hired or promoted after that date shall receive a prorated amount of such leave. Such leave may be used only as time off during the calendar year. Any remaining hours will not carry over to the succeeding calendar year. Such leave will not convert to compensation upon separation from employment. Employees may not use management leave to extend their retirement or separation date. Effective July 12, 2026, employees will be credited with (10) additional hours of management leave for use during the remainder of the 2026 calendar year.

Section 3.05 Personal Leave
An employee may use up to three (3) working days of retained sick leave per calendar year as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at 1968
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the time the request is made. Additional leave may be authorized by the City Manager from any leave accrued, or without pay.

Section 3.06 Bereavement Leave
A. In the event of a death in the employee's immediate family, the employee shall be granted three (3) working days of paid bereavement leave. Such bereavement leave shall not be charged against any accrued annual leave or management leave. Employees shall be granted an additional two (2) working days of unpaid bereavement leave in the event of a death in the employee's immediate family. The employee may elect to use accrued time off, including annual leave, management leave, or Paid Family Care Leave, to cover the unpaid portion of their bereavement leave.

B. A total of five (5) working days of paid bereavement leave shall be granted if there is a death in the immediate family outside the State boundaries or in excess of 250 miles from the employee’s home. Such bereavement leave shall not be charged against the employee’s annual leave or management leave.

C. Bereavement leave shall be completed within three (3) months of the date of death of the immediate family member. The days of bereavement leave need not be consecutive.

D. Immediate family for this provision is defined as the following relationships relative to the employee: child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other relationship included in the definition of “family member” in California Labor Code section 245.5 (4)(c) or successor legislation.

Section 3.07 Compensatory Leave
Employees are not eligible to accrue compensatory time. Any employee who is promoted to the Department Head Group will be required to convert any accrued balance of compensatory time to compensation at the rate of pay prior to the promotion.

Section 3.08 Family Medical Care Leaves
A. Family Leave shall be granted in accordance with the California Family Rights Act and the Family and Medical Leave Act, and any modified provisions and interpreted regulations for those respective statutes.

B. Employees may utilize up to six (6) weeks of retained sick leave for leaves of absence for care of family members that fall under the provisions of the FMLA and CFRA. This sick leave may be in addition to any other paid or unpaid leave, which may be granted under the provisions of FMLA and CFRA. This sick leave shall be used prior to the unpaid leave provisions of FMLA and CFRA. Both paid and unpaid time during an approved FMLA/CFRA leave or Pregnancy Disability Leave (PDL) of absence shall run concurrently with FMLA/CFRA leave.

C. Employees on any type of leave are required to use all eligible leave accruals, or the number of hours for full integration if integrating with disability programs, up to 80 hours per 1969
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pay period. Employees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals include, but are not limited to, annual leave and management leave for any purpose, and retained sick leave accruals if used for qualified medical, bereavement, or personal reasons as defined in this Article.

Section 3.09 Catastrophic Leave Program
A. The City agrees to permit employees within the Department Head Group to contribute a portion of their accrued annual leave to another employee when such employee is on an approved leave of absence due to verifiable injury or illness, caused by either physical or mental impairment. A statement from the employee’s treating physician is required.

B. The City also agrees to permit employees to contribute a portion of their accrued annual leave to another employee when such an employee is on an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Retained sick leave may not be donated.

C. All Catastrophic Leave transfers are subject to the following conditions:

1. The Human Resources / Risk Management Agency shall review all requests from the receiving employee to determine eligibility for catastrophic leave prior to the receiving employee or the employee’s Department requesting donations.

2. Catastrophic injury or illness, as used in this provision, is defined as an unforeseen or sudden unexpected illness or injury requiring immediate attention. Pregnancy is excluded from this provision; however, injuries and illnesses resulting from pregnancy may be covered under this provision, with a statement from a treating physician as the final authority.

3. The receiving employee shall be on an approved continuous leave of absence over 40 hours due to injury or illness. A statement from the employee’s or family member’s treating physician is required.

4. The receiving employee has exhausted all accrued leave time and is therefore facing financial hardship.

5. The receiving employee must participate in any City disability benefits for which the employee is eligible (e.g. short-term disability, long-term disability, or workers’ compensation).

6. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

7. The contributing employee must have at least 96 hours of annual leave remaining after such contribution. The leave application rate shall be based on the contributing employee’s dollar value, which shall be adjusted proportionally to the receiving employee’s rate.

8. The transfers must be in whole-hour increments. The amount of the donation credited each pay period shall be in accordance with the receiving employee’s needs. The donations are irrevocable and shall be indistinguishable from other leave credits belonging to the receiving employee. Donations shall be subject to all taxes required 1970
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by law.

9. Requests and transfers shall be made on a form prescribed by the Human Resources / Risk Management Agency.

Section 3.10 Jury Duty
A. In the event an employee is duly summoned to any court during their scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay. Any fees for the performance of such service, excepting mileage or sustenance allowances, shall be remitted to the City.

B. Any employee called for jury duty in Rancho Cucamonga must return to work if dismissed before 3:00 p.m. If the employee is called to San Bernardino, he or she must return to work if dismissed by 2:00 p.m. Upon return from jury duty, the employee shall present a certificate of service to the employee’s Agency Head.

C. This section shall not apply when an employee is summoned or otherwise required to appear in court in the course of City business.

Section 3.11 Paid Family Care Leave
A. Each employee shall be granted paid time off not to exceed a total of forty (40) hours per calendar year, which may be used for parental leave, reproductive loss leave, and/or bereavement leave. Such Paid Family Care Leave shall not be charged against the employee's annual leave, management leave, retained sick leave, or accrued compensatory time.

B. Paid Family Care Leave time may be used upon the birth or adoption of the employee’s child or children. Any such leave must be taken within six (6) weeks before or after the estimated birth or adoption date and is subject to the department’s established time off or leave of absence approval procedures. Such paid leave shall not exceed the employee’s total available paid Family Care Leave.

C. Paid Family Care Leave time may be used for a reproductive loss event. “Reproductive loss event” means the day of or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. An employee may use time off following their own reproductive loss event or that of another person, such as a spouse or partner, if the employee would have been the parent of the child born or adopted. Paid leave days are not required to be used consecutively. Leave must be completed within three (3) months of the reproductive loss event. Such paid leave shall not exceed the employee’s total available Paid Family Care Leave. Employees may utilize unpaid reproductive loss leave as described in Section 3.12 D. An employee requesting to use Paid Family Care Leave may be required to furnish evidence satisfactory to the City of the birth or adoption of the employee’s child or children, the employee’s relationship to the child or children, and/or the occurrence of a qualifying 1971
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reproductive loss event.

E. Paid Family Care Leave time may be used for bereavement leave consistent with Section

3.06 (A).

F. Leave under Section 3.11 (B) shall be considered as qualifying leave under the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) and shall run concurrently with an entitled unpaid Family Leave (provided that the employee is deemed eligible for CFRA and/or FMLA). Unpaid Family Leave shall be granted in accordance with CFRA and FMLA and the interpreted regulations for those respective statutes.

Section 3.12 Reproductive Loss Leave
A. In accordance with Section 12945.6 of the California Government Code, the City will grant employees up to five (5) days of unpaid leave following a “reproductive loss event” as defined in Section 3.11 (C), provided that the leave is taken within three (3) months of the event. If an employee experiences more than one reproductive loss event in a year, they are entitled to no more than twenty (20) days of reproductive loss leave in that one-year period. The days off are not required to be consecutive.

B. An employee may elect to be unpaid or to use Paid Family Care Leave, or accrued time off, including annual leave, management leave, retained sick time, and accrued compensatory time, to cover all or a portion of the unpaid portion of their reproductive loss leave.

Section 3.13 Leadership Enrichment & Advancement Program (LEAP) A. The City is committed to developing high-performing leaders and sustaining a future-ready organization. The Leadership Enrichment & Advancement Program (LEAP) is designed to provide long-serving Senior Leadership employees with the opportunity to temporarily step away from their day-to-day responsibilities to pursue meaningful professional and personal growth experiences that benefit both the organization and the individual. This program also supports succession planning by placing Department Heads and/or Management Employees into acting leadership roles during a sabbatical.

LEAP intends to foster growth, creativity, and productivity; promote innovation; support succession planning; and reward long-term commitment by providing leaders with dedicated time for learning, exploration, and/or professional development that strengthens both the participant and the City.

B. Employees are eligible for a sabbatical based on their years of continuous Senior Leadership service with the City as follows:

Maximum Leave
Duration
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Participants are eligible for a subsequent sabbatical after the stated number of years from their return date. For example, if a participant takes a sabbatical in year eight (8) and returns at year 8.5, the participant will be eligible again in year 11.5 (3 years later) C. Applicants must submit a Sabbatical Request, conforming to the program requirements, at least three (3) months prior to the requested leave.

D. The Sabbatical Request will be reviewed by the City Manager (or designee) and may include consultation with Human Resources or relevant leadership. Approval of the request, whether in entirety or in part, is at the sole discretion of the City Manager and is not guaranteed.

E. Program participants are expected to adhere to program requirements, including but not limited to the full list of Participant Responsibilities as well as return expectations and requirements.

Article IV. BENEFITS
Section 4.01 Health Insurance Contribution
The City will contribute up to a maximum of $300 per month toward health insurance premiums for active and retired employees. This amount is inclusive of the minimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees who choose to enroll in the City’s medical plan.

Section 4.02 Insurance
A. City Contributions to Cafeteria Plan Benefits

1. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental, and vision benefits.

2. Enrollment: An Eligible Employee must enroll in the City medical insurance plan unless the employee satisfies the conditions to be eligible for the opt-out provision below. The City’s lowest cost employee-only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.

3. City Contribution: For eligible active employees, excluding those in the Deputy Police Chief and Chief Deputy classifications, who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 4.01(A), shall be tiered. Employees who enroll in the City’s medical plan shall receive a Health Flex Contribution depending on the level of coverage selected by the employee as follows:

Coverage Level Monthly Contribution
Single Coverage $765
Two-Party Coverage $1,090
Family Coverage $1,380

4. Eligible active employees who enroll in coverage, the monthly City Contribution, 1973
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inclusive of the Health Insurance Contribution set forth in Section 4.01(A), shall be based on the level of coverage selected by the employee, and equal to the corresponding Kaiser premium for the region in which the employee is enrolled and as reflected on the CalPERS monthly billing statement. Employees hired on or before December 31, 2017, selecting single party coverage, shall receive a contribution of no less than $765 per month, or the applicable Kaiser premium for single party coverage, whichever is greater. Employees hired on or after January 1, 2018, selecting single party coverage, shall receive a monthly contribution up to the Kaiser premium for single party coverage for the region in which the employee is enrolled.

5. For purposes of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employees is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits.

6. After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash. Only those Eligible Employees hired on or before December 31, 2017, and enrolled in single level coverage, may take the remainder of the City’s contribution in cash as taxable compensation.

7. For employees in the Deputy Police Chief classification, the health insurance contributions rate shall not be less than the contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

8. For employees in the Chief Deputy classification, the health insurance contributions rate shall not be less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

9. Cash-in-Lieu Option: An employee will be eligible to receive cash-in-lieu instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied:
a. The employee signs a form attesting that the employee and the employee's Tax Family have Alternative Required Coverage for the Opt-Out Period meeting the following definitions:
1) Tax Family - all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies. 2) Alternative Required Coverage - minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
3) Opt-Out Period - the plan year to which the opt-out arrangement applies. b. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.
c. The cash in lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section are not otherwise satisfied.
1974
Compensation & Benefits Profile – Department Head 07/01/2026

d. If the above conditions are satisfied:
a. Eligible Employees hired on or after September 1, 2004, are eligible to receive $420 per month cash-in-lieu.
b. Eligible Employees hired on or before September 1, 2004, are eligible to receive $485 per month cash-in-lieu.

10. Dental Insurance: Employees who enroll in the City’s dental plan shall receive an employer contribution up to the DPO basic plan premium for employee and dependents (in addition to the City Contribution described in Section 4.02). Employees who do not enroll in the City dental plan will not receive employer contribution for dental premiums.

For employees in the Deputy Police Chief classification, the dental insurance contributions rate shall not be less than the contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

For employees in the Chief Deputy classification, the dental insurance contributions rate shall not be less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

11. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employee and dependent coverage (in addition to the City Contribution described in this Section 4.02).

Employees who do not enroll in the City vision plan will not receive employer contribution for vision premiums.

For employees in the Deputy Police Chief classification, the vision insurance contributions rate shall not be less than the contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

For employees in the Chief Deputy classification, the vision insurance contributions rate shall not be less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

B. Eligible Employee Requirements

1. Employees must be full-time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 4.02, unless the employee is receiving disability benefits. Paid status includes hours paid for: regular work time, annual leave, management leave, bereavement leave, retained sick leave, jury duty leave, personal leave, catastrophic leave, paid parental leave, paid military leave, disciplinary leave and paid holidays.

2. The City Manager may authorize, at their sole discretion, continuation of benefits for employees who do not have 15 hours of pay for a limited period of time. As defined under the Family Medical Leave Act of 1993 (FMLA), the City may determine that some unit employees may fall under the criteria of a “key” employee. If not a key employee, health benefits shall be continued as required by law for leave taken pursuant to FMLA.

3. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.
1975
Compensation & Benefits Profile – Department Head 07/01/2026

C. Disability
The City assumes the full premium cost for the employee in the City-designated short and long-term disability programs.

D. Life and Accidental Death & Dismemberment Insurance
Except for employees in the Deputy Police Chief and Chief Deputy classifications, employees shall be covered by the City’s group term life insurance and accidental death and dismemberment (AD&D) insurance plan. The City will pay the premiums for life insurance coverage amounts of $75,000 for basic life and $75,000 for AD&D.

For employees in the Deputy Police Chief classification, the City will pay a monthly life and AD&D insurance premium providing $300,000 basic life insurance or $300,000 AD&D insurance and not less than that of the Police Captains in the Ontario Police Management Group Memorandum of Understanding.

For employees in the Chief Deputy classification, the City will pay a monthly life and AD&D insurance premium providing $300,000 basic life insurance or $300,000 AD&D insurance and not less than that of the Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

E. Retiree Health, Medicare, and Dental Contributions
For employees in the Deputy Police Chief classification, the retiree health, Medicare and dental insurance contributions shall be no less than the same contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

For employees in the Chief Deputy classification, the health, Medicare and dental insurance contributions shall be no less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.

Section 4.03 Flexible Spending Accounts
The City will offer Flexible Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre-tax deductions for qualifying medical, dental, vision expenses, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service Code.

Section 4.04 Deferred Compensation
A. The City has established a Section 401(a) money purchase plan for employer deferred compensation contributions. The City will contribute 3% of the employee’s base salary each pay period to the Section 401(a) plan up to the maximum amount established by the relevant sections of the tax codes for each eligible employee.

B. For employees in the Deputy Police Chief classification, the deferred compensation contribution shall not be less than the contribution provided for Police Captains in the Ontario Police Management Group Memorandum of Understanding.

C. For employees in the Chief Deputy classification, the deferred compensation contribution shall not be less than the contribution provided for Deputy Fire Chiefs in the Ontario Fire Management Group Memorandum of Understanding.
1976
Compensation & Benefits Profile – Department Head 07/01/2026

D. Employees are eligible to voluntarily participate in a Section 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may contribute additional deferred compensation to the plan in accordance with plan provisions and subject to plan maximums.

Section 4.05 Employee Assistance Program
The City offers an employee assistance program for all members of this group. Confidentiality regarding employee use of this program will be maintained in full compliance with State and Federal Regulations.

Section 4.06 Tuition Reimbursement
A. To provide encouragement for all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic and continuing education courses that are determined to be job-related and subject to the following conditions:

1. Full-time employees are eligible.

2. The determination that the course is job-related shall be made by the employees’ Agency Head.

3. The course shall provide college-level or professional continuing education credit from an accredited educational institution.

4. The employee is not eligible for assistance from any other source.

5. Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

6. Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

7. Classes shall not interfere with the employee’s normal work hours. Any exceptions must be approved by the employee’s Agency Head.

8. Certification of completion of the course with a passing grade must be obtained and submitted within 60 calendar days after completion of the course.

9. The maximum reimbursement amount paid to an eligible employee shall not exceed $5,000 (five thousand) per calendar year.

B. Tuition reimbursement requests shall be submitted through the City’s human resources information system to the employee’s Agency Head for a determination that the course is job-related. After such a determination is made, the Agency Head shall approve the request, and it will be routed to Human Resources / Risk Management for processing. The Human Resources / Risk Management Agency shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to Human Resources/Risk Management. Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.
1977
Compensation & Benefits Profile – Department Head 07/01/2026

C. Acceptance of the tuition reimbursement acknowledges an obligation to repay the full amount if the employee’s employment is voluntarily terminated (excluding death), within one (1) year of the reimbursement date. Employees may elect to deduct all or a portion of the repayment from their final compensation. Any remaining amount due must be remitted to the City by check within thirty (30) days of the employee’s termination effective date.

Section 4.07 Auto Allowance
The City may assign a City-owned vehicle to an employee for use on City business, or the City may provide a monthly allowance of up to a maximum of $350 for an employee who is regularly required to use the employee’s private vehicle on City business. The City Manager may adjust such stipend in accordance with levels of activity and operational necessity.

If assigned, a City-owned vehicle may be used by the employee for City business and for commuting to and from the employee’s residence. Such assignment of a vehicle would be in lieu of an auto allowance. Due to the nature of the employee’s duties, the vehicle may be garaged at the employee’s residence. The City shall be responsible for the purchase, fueling, maintenance, repair, and regular replacement, if warranted, of the assigned vehicle during and as a result of their scope and performance of duties. The employee must be licensed to operate a Class C vehicle in the state of California and possess automobile liability insurance as required by the State of California law. Consistent with California law, as the vehicle operator, the employee assumes responsibility for the safe operation of the vehicle. The City may be required to report all, or a portion, of the value of the provided vehicle as income consistent with applicable Internal Revenue Service regulations.

Section 4.08 Meal Reimbursement
An employee may request reimbursement for meals consumed after regular work hours when such employee is required by the Agency Head to attend City Council meetings and City Commission meetings that are in addition to those regularly scheduled. The limit for reimbursement shall be $12 and only actual expenses will be reimbursed. Requests will be submitted on the City’s reimbursement form through established channels and must include receipts verifying the expense.

Section 4.09 Health and Wellness Reimbursement
Employees shall be reimbursed up to $1,000 each fiscal year for eligible health and wellnessrelated expenses incurred for themselves and their eligible dependents that are not otherwise covered by the City’s group plans. Such expenses may include: out-of-pocket health plan premiums; health plan deductibles; gym/fitness club membership fees; sports activities or fees; sports clothing (footwear, equipment, training and wearable fitness devices); outdoor/indoor equipment fees and rentals; subscriptions and fees for virtual/online home fitness classes or fitness / health related applications; medical testing (biometric testing, fitness, BMI assessment); holistic healing and acupuncture; massage therapy; lessons or personal training; state or national park passes; art supplies; musical instruments; hobby and craft supplies; learning tools (applications, software or online subscriptions), or any other health and wellness related expense as determined by the Executive Director Human Resources / Risk Management. Reimbursements shall be made at designated times twice each year pursuant to the program provisions. Upon hire or promotion, employees will be eligible for a prorated reimbursement for the current fiscal year. 1978
Compensation & Benefits Profile – Department Head 07/01/2026

Article V. RETIREMENT – END OF SERVICE
Section 5.01 CalPERS Contribution
A. Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired before January 1, 2013, in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six (6) months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic CalPERS members shall be eligible for the 2.5% @ 55 Full and Modified Formula for Local Miscellaneous Members, including integration with Social Security.

This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

3. Classic members, except those in the Deputy Police Chief and Chief Deputy classifications, shall pay the employee’s contribution of 8% percent as a pre-tax deduction to CalPERS. Employees in the Deputy Police Chief classification shall pay the same CalPERS contributions as employees in the Ontario Police Management Group. Employees in the Chief Deputy classification shall pay the same CalPERS contributions as employees in the Ontario Fire Management Group.

B. New Member

1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benefits pursuant to the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013, or former members who have more than a sixmonth break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New Members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members, including integration with Social Security.

3. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. The current required employee contribution for new members is 6.25%, except for those in the Deputy Police Chief and Chief Deputy classifications.

This amount will be adjusted periodically by CalPERS. Employees in the Deputy Police Chief classification shall pay the same CalPERS contributions as employees in the Ontario Police Management Group. Employees in the Chief Deputy classification shall pay the same CalPERS contributions as employees in the Ontario Fire Management Group.

C. Optional Benefits for Classic and New Members
1979
Compensation & Benefits Profile – Department Head 07/01/2026

The City’s contract with the Public Employees Retirement System includes the following optional benefits for both classic and new members:

1. Section 20965 – Sick Leave Credit

2. Section 21024 – Military Service Credit

3. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability

4. Section 21548 – Pre-Retirement Optional Settlement Death Benefit Section 5.02 Employee Severance Compensation
In recognition that employees serve at the will and pleasure of the City Manager, the City Manager may offer employment severance pay to terminating employees. The period of such severance compensation shall be determined by the City Manager and may be included in the terms of a contractual agreement between the employee and the City made at the time the individual is hired or promoted.

Article VI. GENERAL PROVISIONS
Section 6.01 Overpayments, Recovery and Underpayments
A. In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall ideally occur within the same time frame as the overpayment was received by the employee or sooner at the employee’s discretion. For overpayments exceeding $100.00, the minimum repayment amount is $50.00 per pay period.

B. Either Human Resources / Risk Management or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the employee. An employee may request a meeting with the Payroll Department to review documentation and discuss the recovery schedule. The repayment schedule, biweekly repayment amount or alternative repayment method (including repayment from personal funds) will be documented in writing.

C. Extensions to the period for repayment of the overage or an alternative repayment method may be requested by the employee and are subject to the approval of the Executive Director Human Resources / Risk Management or their designee.

D. If the employee leaves employment prior to repayment of overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate a collections process against the employee.

E. In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for which the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.
1980
Compensation & Benefits Profile – Department Head 07/01/2026

Section 6.02 Direct Deposit and Electronic Pay Advice
A. Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one (1) month.

B. In an extraordinary circumstance/event that an employee is unable to make arrangements for electronic fund transfer, the employee shall submit a request in writing to Human Resources/ Risk Management to be considered for an exception. Human Resources shall review the request for the Direct Deposit Special Exemption and may request supporting documentation; and the employee will be notified of the determination.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for continuation, subject to the approval of the Executive Director Human Resources / Risk Management.

D. The electronic pay advice will be available for employees to view, save, and print in the City’s human resources information system on the employee’s pay day.

ARTICLE VII. FINAL SIGNATURE
All provisions set forth in this Profile are hereby effective the 1st day of July 2026. This Compensation and Benefits Profile supersedes previous Compensation and Benefits Profiles.

City of Ontario
Scott Ochoa, City of Ontario Date
1981
Compensation & Benefits Profile – Department Head 07/01/2026

APPENDIX A

DEPARTMENT HEAD COMPENSATION RANGES
EFFECTIVE JULY 13, 2025

RANGE MINIMUM MEDIAN MAXIMUM
DH1 $12,298.00 $14,331.20 $16,364.40
DH2 $12,913.33 $15,047.07 $17,180.80
DH3 $13,558.13 $15,799.33 $18,040.53
DH4 $14,237.60 $16,590.60 $18,943.60
DH5 $14,950.00 $17,420.00 $19,890.00
DH6 $15,691.87 $18,287.53 $20,883.20
DH7 $16,480.53 $19,204.47 $21,928.40
DH8 $17,303.87 $20,163.87 $23,023.87
DH9 $18,170.53 $21,172.67 $24,174.80
DH10 $19,078.80 $22,231.73 $25,384.67
DH11 $20,032.13 $23,342.80 $26,653.47
PS1 $21,800.13 $25,396.80 $28,993.47
PS2 $23,107.07 $26,919.53 $30,732.00
PS3 $23,869.73 $27,807.87 $31,746.00
PS4 $25,303.20 $29,477.93 $33,652.67
DEPARTMENT HEAD CLASSIFICATIONS – RANGE ASSIGNMENTS
EFFECTIVE JULY 13, 2025

CLASSIFICATION RANGE
Assistant City Clerk / Records Management Director DH 5 Assistant Finance Director DH 5
Assistant General Manager - Administration and Customer Service DH 6 Assistant General Manager - Utilities Engineering and Operations DH 8 Assistant Human Resources Risk Management Director DH 4 Assistant Information Technology Director DH 5
Broadband General Manager DH 6
Building Official DH 5
Chief Investment Officer DH 1
City Engineer DH 8
Communications and Community Relations Director DH 5
Community Development Assistant Director DH 8
1982
Compensation & Benefits Profile – Department Head 07/01/2026

Community Improvement Director DH 2
Departmental Administrator DH 1
Deputy City Manager DH 6
Deputy Director Housing Services DH 1
Deputy Director Innovation, Performance and Audit DH 1
Deputy General Manager DH 6
Design and Construction Director DH 2
Economic Development Director DH 6
Emergency Medical Services Director DH 2
Fire Administrative Director DH 2
Fire Marshal DH 3
Housing Services Director DH 2
Information Security Officer DH 2
Innovation Performance and Audit IPA Director DH 5
Integrated Waste Director DH 6
IT Applications Director DH 2
IT Operations Director DH 2
IT Systems Director DH 2
Library Director DH 2
Management Services Director DH 5
Municipal Services Director DH 1
Museum, Arts and Culture Director DH 1
Parks and Streets Maintenance Director DH 1
Planning Director DH 6
Police Administrative Director DH 2
Public Works Assistant Director DH 8
Real Estate Administrative Director DH 2
Real Estate and Development Assistant Director DH 2
Recreation/Community Services Director DH 2
Utilities Customer Services Director DH 1
Water Resources and Regulatory Affairs Director DH 5
Chief Deputy PS3
1983
Compensation & Benefits Profile – Department Head 07/01/2026

Deputy Police Chief PS3
1984
Department: Economic Development
Prepared By: Karla Tavera
Department:

Prepared By: Karla Tavera
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 23
SUBJECT: A PROFESSIONAL SERVICES AGREEMENT WITH CBRE, INC. FOR REAL ESTATE BROKERAGE SERVICES RELATED TO THE DISPOSITION OF 73.19 ACRES

CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to negotiate and execute a Professional Services Agreement in the amount of $300,000 with CBRE, Inc. for real estate brokerage and advisory services related to the disposition of approximately 73.19 acres of property located at the southwest corner of Eucalyptus Avenue and Bon View Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The Fiscal Year 2026-27 Adopted Budget includes appropriations in the General Fund for these services. The agreement is for a term of one-year with a not-to-exceed amount of $300,000.

BACKGROUND & ANALYSIS: The City of Ontario is in the process of acquiring approximately 73.19 acres of property located at the southwest corner of Eucalyptus Avenue and Bon View Avenue from the County of San Bernardino ("County"). The property was originally acquired pursuant to the Wildlife, Coastal and Park Land Conservation Bond Act of 1988 (Proposition 70), which restricted its use to public park, recreational, or open space purposes. Through the City’s partnership with the County and the California State Parks Office of Grants and Local Services, a process has been established to transfer the Proposition 70 restrictions to replacement parkland within the future Grand Park, allowing the property to be sold for private development.

Upon completion of the City’s acquisition of the property, the City intends to facilitate its timely disposition in a manner that maximizes the value of the property and supports the advancement of the Grand Park. Pursuant to the City’s agreement with the County, proceeds from the future sale will be shared between the City and County, with 60 percent allocated to the City and 40 percent 1985
allocated to the County.

To support the disposition process, staff recommends retaining CBRE, Inc. to provide specialized real estate brokerage and advisory services. CBRE, Inc. will assist the City with transaction strategy, valuation, development and entitlement analysis, preparation of marketing materials, buyer outreach and a competitive or targeted marketing process, as directed by the City. CBRE, Inc. will also provide support through purchase agreement negotiations, due diligence, escrow, and closing.

This will ensure the City receives the best return on its investment. 1986
BB&K (2024) 1 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
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

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and CBRE, Inc. a Delaware Corporation, with its principal place of business at P.O.

Box 740935, Location Code 2119, Los Angeles, CA, 90074 (Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional brokerage services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for brokerage of a 73.19 acres land sale transaction ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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 customary work necessary to fully and adequately supply the professional brokerage consulting services necessary for the Project ("Services").

The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
1987
BB&K (2024) 2 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203

3.1.2 Term. The term of this Agreement shall be from July 21, 2026 to July 21, 2027 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one-year terms.

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed threehundred thousand dollars ($300,000) 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.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled. 1988
BB&K (2024) 3 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Darla Longo, Vice Chair, Managing Director and Jennifer Hiramoto, Executive Director of Economic Development.

3.3.5 City's Representative. The City hereby designates Jennifer Hiramoto, Executive Director of Economic Development, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Darla Longo, Vice Chair, Managing Director, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 1989
BB&K (2024) 4 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible 1990
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for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 1991
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3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured 1992
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Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1993
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3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by 1994
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Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law.

Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
1995
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3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

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

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

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities 1996
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related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section

3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: CBRE, Inc.
4141 Inland Empire Blvd. Suite 100
Ontario, CA 91764
ATTN: Darla Longo
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Jennifer Hiramoto
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on 1997
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computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known 1998
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to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
1999
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46700.00100\33225203

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall 2000
BB&K (2024) 15 AGREEMENT FOR PROFESSIONAL SERVICES
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constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

SIGNATURES ON NEXT PAGE
2001
BB&K (2024) 16 AGREEMENT FOR PROFESSIONAL SERVICES
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
CBRE, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO CBRE, 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
2002
BB&K (2024) 17 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
EXHIBIT "A"

SCOPE OF SERVICES
See CBRE proposal attached for scope and compensation
2003
Walt Arrington, SIOR
Executive Vice President
Lic. 00859109
CBRE, Inc.

Industrial Specialty
Broker Lic. 00409987
January 15, 2026
Mr Scott Ochoa
City Manager
City of Ontario
303 East B Street
Ontario, CA 91764
Sent via email
RE: Proposal for Real Estate Brokerage Services
SWC of Eucalyptus Ave and Bon View Ave
Ontario, CA
Dear Scott,
Following our recent discussions with you and your team, CBRE is pleased to present this proposal for brokerage services related to the disposition of the “Prop 70” property, totaling approximately 73 gross acres located at the southwest corner of Bon View Avenue and Eucalyptus Avenue.

This vacant industrial land represents one of the most compelling long-term development opportunities in the Western United States today. Bringing the site to market in 2026 is exceptionally well-timed, supported by continued industrial market strength in the Greater Ontario region, limited availability of future large-scale entitlement opportunities, improving economic conditions, and the City’s proven commitment to high-quality industrial development. These factors together create a highly competitive environment among developers and institutional capital.

The proposal below outlines our team’s qualifications, scope of services, and the fee structure for this assignment.

Marketing Team and Qualifications
CBRE is the global leader in commercial real estate services provider, with over 140,000 employees in more than 100 countries. Our platform leads the industry in transaction volume both globally and in the Inland Empire, data intelligence, research, and client service. All of these resources are available to the City as needed throughout this engagement.

C O M M E R C I A L R E A L E S T A T E S E R V I C E S 4141 Inland Empire Blvd.

Suite 100
Ontario, CA 91764
909 418 2154 Tel
909 418 2100 Fax
[email protected]
www.cbre.com
2004
January 15, 2026 Page 2 of 3
Locally, the designated CBRE team has unparalleled experience representing thousands of acres of industrial land throughout the Inland Empire — including over 85% of all industrial land in the City of Ontario. Our longstanding relationship with City staff and extensive transactional history uniquely position us to execute this assignment with precision, transparency, and maximum value creation.

To deliver the highest possible outcome for the City, we have assembled a unified team combining Capital Markets, Debt & Structured Finance expertise, and deep Local Market knowledge:

Darla Longo – Vice Chair, Managing Director
Capital Markets & Land Sales | 47 years of experience
Darla is nationally recognized as one of the most successful producing brokers in the country and specializes in the Inland Empire. Over her 47-year career, she has completed more than $91.5 billion in real estate transactions and maintains trusted relationships with the most prominent institutional investors and industrial developers. Darla Longo Resume Link
Barbara Perrier – Vice Chair
Capital Markets & Land Sales | 37 years of experience
Barbara is a leading investment broker in Southern California and co-leads CBRE National Partners alongside Darla Longo specializing in land and investment sales. Her execution track record and relationships with major capital sources and developers nationwide are unmatched. Barbara Perrier Resume Link
Val Achtemeier – Vice Chair
Capital Markets – Debt & Structured Finance | 35 years of experience Val Achtemeier leads CBRE’s institutional Debt & Structured Finance platform and specializes in structuring and placing capital for large-scale institutional transactions. Her expertise will be critical in evaluating and positioning the property to maximize its appeal across capital sources. Val Achtemeier Resume Link
Walt Arrington – Executive Vice President
Industrial & Logistics – Ontario/Inland Empire | 40 years of experience Walt has spent his entire career focused on industrial development and leasing in the Inland Empire. With more than 20 completed projects in the City of Ontario alone, he maintains strong working relationships with City staff and brings deep insight into entitlements, land valuation, development costs, and tenant demand. Walt Arrington Resume Link
Scope of Services
Upon selection, the CBRE team will work closely with the City as their fiduciary to fully understand all objectives and deliver a best-in-class marketing and disposition process.

Our services will include, but are not limited to:
• Conduct initial strategy meetings with City leadership to confirm transaction structure, timing, objectives, and required deliverables. 2005
January 15, 2026 Page 3 of 3
• Coordinate with Department Heads across Planning, Development, Engineering, and Public Works to define entitlement pathways, development requirements, and potential infrastructure considerations.
• Prepare a comprehensive Opinion of Value incorporating current market conditions, future capital markets outlook, and development feasibility. • Establish a detailed timeline and disposition plan aligned with the City’s broader objectives.
• Engage outside consultants (architects, engineers, and contractors) as needed to refine conceptual site plans, cost estimates, and development scenarios that strengthen buyer underwriting.
• Utilize CBRE’s unmatched research, analytics, and national investor platform to support pricing, positioning, and marketing strategy.
• Prepare a complete Offering Memorandum for the property. • Execute a multi-phased bid-style marketing process — or a highly targeted campaign, should the City prefer — designed to maximize proceeds, competition, and transparency.
• Provide regular and structured communication updates to the City, both written and verbal, from initiation through closing.
• Assist the City with review and response to comments related to legal documentation, purchase agreement negotiations, due diligence, and escrow processes.

Brokerage Services Fee
CBRE proposes a brokerage fee of $300,000.00. This structure ensures that the City receives the full negotiated purchase price without fee deductions.

Whether the City opts for a broad, competitive marketing process or a more focused approach targeting the most logical buyers, our team is fully prepared to bring its collective experience, national reach, and extensive local knowledge to achieve the highest value and most successful outcome.

We would welcome the opportunity to meet in person to review this proposal and discuss next steps.

We look forward to working with you.

Sincerely,
Darlal Longo
Vice Chairman,
Managing Director
+ 1 818 512 9225
Barbara Perrier
Vice Chairman
+1 818 481 2374
Val Achtemeier
Vice Chairman
+1 213 400 7187
Walt Arrington
Executive Vice
President
+1 714 747 6016
2006
Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 24
SUBJECT: ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2026-27

CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council conduct a combined public hearing for the districts and take the following actions pertaining to the levy of assessments within Ontario Parkway Maintenance Assessment Districts (OPMAD) Nos. 1, 2, 3 and 4 and:

A. Adopt a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopt a Resolution confirming the diagrams and assessments and providing for the assessment levy within Ontario Parkway Maintenance Assessment Districts Nos. 1, 2, & 3; and C. Adopt a Resolution confirming the diagram and assessment and providing for the assessment levy within Ontario Parkway Maintenance Assessment District No. 4.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: The adopted Fiscal Year 2026-27 total special assessment revenue will be $690,838 from OPMAD Nos. 1, 2 and 3, and 4. For OPMAD Nos. 1, 2, and 3 (Zone 2000-1) the total estimated cost of $665,062 for administrative, operation, and maintenance will exceed assessment revenues of $264,555 (maximum assessment) by $400,507. If approved, appropriations from the General Fund will be included in future budget updates as needed for the City Contribution to Parkway Maintenance. OPMAD No. 3 (Zone 2000-2) assessment revenues combined with $18,046 from the reserve fund and OPMAD No. 4 assessment revenues are sufficient to pay all expenses within the respective districts.

BACKGROUND & ANALYSIS: The districts were formed pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the 1972 Act).

Additional territories are annexed to the districts from time to time as development proceeds. The 2007
districts were formed to help minimize the continually increasing cost of maintaining and operating the landscaping along public streets where the property owners do not have direct access to the landscaping. A special assessment is levied annually on benefiting properties for the cost of operation and maintenance of certain parkway landscaping facilities within the districts. The City’s Public Works Agency establishes the annual operation, and maintenance costs and administers the maintenance of the landscaping. Annually, an Engineer’s Report for each district must be prepared which apportions these costs to each parcel within the districts. The locations of the districts are shown on the maps included in the Engineer's Reports.

OPMAD Nos. 1, 2, and 3 are comprised of single-family residential developments. Due to varying characteristics, the districts are organized into benefit zones and/or maintenance areas. Each zone or maintenance area is assessed for only the operation and maintenance of the facilities from which it receives special direct benefit. The total assessment for each maintenance area is then apportioned to its constituent parcels. Special assessment revenue will be generated in the combined amount of $289,488 from OPMAD Nos. 1, 2 and 3. The assessed tax rates for Fiscal Year 2025-26, and the proposed and maximum tax rates for Fiscal Year 2026-27, are shown in Exhibit A.

OPMAD No. 4 is comprised of single-family residential tracts and the Ontario Mills development area. The district is organized into 6 maintenance areas. Each maintenance area is assessed for only the operation and maintenance of the facilities from which it receives direct special benefit.

The total assessment for each maintenance area is then apportioned to its constituent parcels. The assessments for OPMAD No. 4 will generate a total of $401,350. The assessed tax rates for Fiscal Year 2025-26, and the maximum and proposed tax rates for Fiscal Year 2026-27, are shown in Exhibit A.

On June 16, 2026, the City Council adopted Resolutions which ordered the preparation of Engineer's Reports for the annual levy of assessments within each district, preliminarily approved the Engineer's Reports, declared Council's intention to levy and collect assessments within the districts for the referenced fiscal year, and set July 21, 2026, as the date for the public hearing for each district. Notices of the public hearings have been published, and proof of publication is on file in the Records Management Department.

The Engineer’s Reports, which have been prepared for each district pursuant to the 1972 Act, are on file in the Records Management Department. Each report includes plans and specifications for the improvements and maintenance, an estimate of costs, a diagram of the area proposed to be assessed, and an assessment of the costs to the various parcels within each District. 2008
Prior Year Maximum
2025-26 2026-27
OPMAD No. 1 $ 66.32 per Lot $ 66.32 per Lot $ 66.32 per Lot OPMAD No. 2 $ 34.04 per Lot $ 34.04 per Lot $ 34.04 per Lot OPMAD No. 3, Zone 2000-1 $ 41.29 per Lot $ 41.29 per Lot $ 41.29 per Lot OPMAD No. 3, Zone 2000-2 $ 213.72 per Lot $ 312.85 per Lot $ 220.65 per Lot Prior Year Maximum
2025-26 2026-27
MA#99-1 $ 63.81 per Lot $ 76.12 per Lot $ 65.88 per Lot MA#99-2 $ 415.76 per Lot $ 480.18 per Lot $ 429.23 per Lot MA#99-3 $ 1,291.87 per Acre $ 1,724.18 per Acre $ 1,333.72 per Acre MA#00-1 $ 303.69 per Lot $ 472.91 per Lot $ 313.53 per Lot MA#04-1 $ 1,221.60 per Lot $ 3,012.37 per Lot $ 1,261.18 per Lot MA#05-1 $ 1,678.31 per Lot $ 3,733.99 per Lot $ 1,732.69 per Lot Proposed
2026-27
Exhibit A
Ontario Parkway Maintenance Assessment Districts 1, 2 & 3 Proposed Levy Rates FY 2026-27
Ontario Parkway Maintenance Assessment District 4
Proposed Levy Rates FY 2026-27
Proposed
2026-27
2009
2010
2011
2012
2013
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THE ENGINEER'S REPORTS FOR THE

ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY
MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR
FISCAL YEAR 2026-27.

WHEREAS, the City Council of the City of Ontario, California, pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California, did, by previous Resolution, order the preparation of Engineer's Reports for the annual levy of assessments, consisting of plans and specifications, cost estimates, diagrams of the districts, and the assessment relating to what are now known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 and 4 (hereinafter referred to as the Districts); and
WHEREAS, there have now been presented to this City Council the Reports as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and
WHEREAS, this City Council has approved on a preliminary basis the Reports by a previous Resolution, and ordered the Reports to be filed in the Records Management Department to be open to public inspection; and
WHEREAS, this City Council has now examined and reviewed the Reports as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Reports.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the Reports as presented, consisting of the following:

A. Plans and Specifications,
B. Estimates of cost,
C. Diagrams of the Districts, and
D. Assessment of the estimated cost
Are hereby approved and are ordered to be filed in the Records Management Department, as a permanent record and to remain open to public inspection. 2014
SECTION 3. That the City Clerk shall certify the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's Reports.

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

PASSED, APPROVED, AND ADOPTED this 21st day of July 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2015

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held July 21, 2026 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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held July 21, 2026. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2016
RESOLUTION NO. ________

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

CALIFORNIA, CONFIRMING THE DIAGRAMS AND ASSESSMENTS,

AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN
ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3 FOR FISCAL YEAR 2026-27.

WHEREAS, the City Council of the City of Ontario, California, has initiated proceedings for the annual levy of assessments in special maintenance districts pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2, of the Streets and Highways Code of the State of California in what is known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3 (hereinafter referred to as the Districts); and
WHEREAS, the City Council has ordered the preparation of the Engineer’s Reports, and the Engineer’s Reports have been prepared and filed with this City Council pursuant to law for its consideration, and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the referenced fiscal year relating to the above referenced Districts, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessments; and
WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn are hereby overruled and denied.

SECTION 3. That the estimates of costs, the assessment diagrams, the assessments and all other matters, as set forth in the Engineer's Reports pursuant to said "Landscaping and Lighting Act of 1972," as submitted, are hereby approved, adopted by this City Council, and hereby confirmed.

SECTION 4. That this City Council hereby confirms and orders the annual levy of the assessments for the referenced fiscal year in the amounts as set forth in the Engineer's Reports, and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.
2017
SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for the referenced fiscal year.

SECTION 6. That the maintenance work of improvements contemplated by the Resolution of Intention shall be performed pursuant to law.

SECTION 7. That the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said Assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.

SECTION 8. That the City Treasurer has previously established a special fund into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and the law, and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.

SECTION 9. That the City Manager is hereby ordered and directed to file, or cause to be filed, the assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.

SECTION 10. That a certified copy of the assessments and diagrams shall be filed in the Office of the City Manager, with a duplicate copy on file in the Records Management Department and open for public inspection.

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

PASSED, APPROVED, AND ADOPTED this 21st day of July 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
2018
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2019

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held July 21, 2026 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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held July 21, 2026. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2020
RESOLUTION NO. ________

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

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND

PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4 FOR
FISCAL YEAR 2026-27.

WHEREAS, the City Council of the City of Ontario, California, has initiated proceedings for the levy of the annual assessment in a special maintenance district created pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Landscaping Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the Landscaping Act, Article XIIID and the Implementation Act may be referred to collectively herein as the “Assessment Law”), in a special maintenance district known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4
(hereinafter referred to as the “District”); and
WHEREAS, the City Council has ordered the preparation of an Engineer’s Report, and such a report (the “Assessment Engineer’s Report”) has been prepared and filed with this City Council for its consideration pursuant to Assessment Law, and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the referenced fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for the Public Hearing on all matters relating to said annual levy of the proposed assessment; and WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn are hereby overruled and denied.

SECTION 3. That based upon the Assessment Engineer’s Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed for the referenced Fiscal Year:
2021
A. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses.

B. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.

C. Only the special benefits have been assessed.

D. There are no publicly owned parcels within the District.

E. The assessments do not exceed the maximum annual assessments previously authorized to be levied pursuant to the Assessment Law.

The estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in the Assessment Engineer’s Report pursuant to the Assessment Law as submitted, are hereby approved, adopted by this City Council, and hereby confirmed.

SECTION 4. That this City Council hereby confirms and orders the annual levy of the assessments for the referenced fiscal year in the amounts as set forth in the Assessment Engineer's Report, and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.

SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year.

SECTION 6. That the maintenance work of improvements contemplated by the Resolution of Intention shall be performed pursuant to law.

SECTION 7. That the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said Assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.

SECTION 8. That the City Treasurer has previously established a special fund into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and the law, and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.

SECTION 9. That the City Manager is hereby ordered and directed to file, or cause to be filed, the assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
2022
SECTION 10. That a certified copy of the assessment and diagram shall be filed in the Office of the City Manager, with a duplicate copy on file in the Records Management Department and open for public inspection.

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

PASSED, APPROVED, AND ADOPTED this 21st day of July 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2023

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held July 21, 2026 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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held July 21, 2026. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2024
Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 25
SUBJECT: ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2026-27

CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council conduct a combined public hearing for the districts and take the following actions pertaining to the levy of assessments within Street Lighting Maintenance Districts (SLMD) Nos. 1 and 2, and:

A. Adopt a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopt a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 1; and C. Adopt a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 2.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: The adopted Fiscal Year 2026-27 total special assessment revenue is $380,046 from the SLMD No. 1 and $108,174 from SLMD No. 2. A portion of the facilities within SLMD No. 1 provides a general benefit to the public at large and cannot be funded with the assessment. The amount of the general benefit is $40,538. The Fiscal Year 2026-27 Adopted Budget includes a City Contribution of $12,000 from the General Fund. If approved, additional appropriations in the General Fund will be included in future quarterly budget updates to City Council for approval as needed for the City Contribution to the Streetlight Maintenance Fund. SLMD No. 1 assessment revenues combined with $462,786 from the reserve fund and SLMD No. 2 assessment revenues are sufficient to cover expenses within the respective districts.

BACKGROUND & ANALYSIS: Street Lighting Maintenance District No. 1 was formed in 1984, and Street Lighting Maintenance District No. 2 was formed in 1999, pursuant to the Landscaping and 2025
Lighting Act of 1972 (the 1972 Act), to help minimize the continually increasing cost for maintaining and operating the City’s street lighting system. A special assessment is levied annually on benefiting properties for the cost of maintenance and operation of certain street lighting facilities within the districts. The locations of the districts are shown on the maps included in the Engineer's Reports.

The City’s Public Works Agency establishes the annual maintenance costs and maintains the street lighting system. As required by the 1972 Act, an Engineer’s Report for each district is prepared annually apportioning the costs to each parcel within the districts. The districts are comprised of commercial, industrial and some multi-family residential properties. Due to varying characteristics, the districts are organized into benefit zones and/or maintenance areas. Each zone/maintenance area is assessed for only the operation and maintenance of the facilities from which it receives direct special benefit. The total assessment for each zone/maintenance area is then apportioned to its constituent parcels. Therefore, the assessments are unique and specific to each individual parcel of property.

The City's adopted Fiscal Year 2026-27 levy for the two street light maintenance districts is based on the Fiscal Year 2026-27 budget. The total assessments for tax year 2026-27 are $380,046 in SLMD No. 1, and $108,174 in SLMD No. 2. A portion of the facilities within SLMD No. 1 provide a general benefit to the public at large and cannot be funded with the assessment. A City Contribution for the general benefit of $40,538 will be funded by the General Fund and included in future quarterly budget updates as needed. The assessed tax rates for Fiscal Year 2025-26, and the maximum and proposed tax rates for Fiscal Year 2026-27, are shown in Exhibit A.

On June 16, 2026, the City Council adopted Resolutions which ordered the preparation of Engineer's Reports for the annual levy of assessments within each district, preliminarily approved the Engineer's Reports, declared City Council's intention to levy and collect assessments within the districts for the referenced fiscal year, and set July 21, 2026, as the date for the public hearing for each district. Notices of the public hearings have been published, and proof of publication is on file in the Records Management Department.

The Engineer’s Reports, which have been prepared for each district pursuant to the 1972 Act, are on file in the Records Management Department. Each district’s report is on file in the Records Management Department. Each report includes plans and specifications for the improvements being operated and maintained, an estimate of costs, a diagram of the area proposed to be assessed, and an assessment of the costs to the various parcels within the districts. 2026
Prior Year Maximum Proposed
2025-26 2026-27 2026-27
SLMD No. 1, Zone 2000-1 per AU $ 122.67 $ 202.23 $ 126.64 SLMD No. 1, Zone 2000-2 per AU $ 71.35 $ 165.74 $ 73.66 SLMD No. 2, MA# 99-1 $ 4,883.00 $ 14,423.00 $ 5,698.00
SLMD No. 2, MA# 99-2 $ 2,347.00 $ 7,171.00 $ 2,322.00
SLMD No. 2, MA# 99-3 $ 3,912.00 $ 11,952.00 $ 3,870.00
SLMD No. 2, MA# 99-4 $ 1,565.00 $ 4,787.00 $ 1,548.00
SLMD No. 2, MA# 99-5 $ 2,723.00 $ 4,487.00 $ 2,856.00
SLMD No. 2, MA# 99-6 $ 14,201.00 $ 41,883.00 $ 14,941.00 SLMD No. 2, MA# 99-7 $ 1,062.00 $ 1,295.00 $ 1,050.00
SLMD No. 2, MA# 99-8 $ 3,912.00 $ 9,562.00 $ 3,870.00
SLMD No. 2, MA# 00-1 $ 3,912.00 $ 4,400.00 $ 3,870.00
SLMD No. 2, MA# 00-2 $ 1,565.00 $ 2,935.00 $ 1,548.00
SLMD No. 2, MA# 00-3 $ 8,607.00 $ 16,134.00 $ 8,512.00
SLMD No. 2, MA# 00-4 $ 56,088.00 $ 92,384.00 $ 58,090.00

EXHIBIT A
Street Light Maintenance Districts Proposed Levy Rates FY 2026-27 2027
2028
2029
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THE ENGINEER'S REPORTS FOR THE

ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING
MAINTENANCE DISTRICTS NO. 1 AND 2 FOR FISCAL YEAR 2026-27.

WHEREAS, the City Council of the City of Ontario, California, pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California, did, by previous Resolution, order the preparation of Engineer's Reports for the annual levy of assessments, consisting of plans and specifications, cost estimates, diagrams of the districts, and the assessments relating to what are now known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2
(hereinafter referred to as the Districts); and
WHEREAS, there have now been presented to this City Council the Reports as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and
WHEREAS, this City Council has approved on a preliminary basis the Reports by a previous Resolution, and ordered the Reports to be filed in the Records Management Department to be open to public inspection; and
WHEREAS, this City Council has now examined and reviewed the Reports as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Reports.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the Reports as presented, consisting of the following:

A. Plans and Specifications,
B. Estimates of cost,
C. Diagrams of the Districts, and
D. Assessment of the estimated costs
are hereby approved, and are ordered to be filed in the Records Management Department, as a permanent record and to remain open to public inspection. 2030
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's Reports.

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

PASSED, APPROVED, AND ADOPTED this 21st day of July 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2031

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held July 21, 2026 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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held July 21, 2026. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2032
RESOLUTION NO. ________

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

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND

PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET
LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2026-27.

WHEREAS, the City Council of the City of Ontario, California, has initiated proceedings for the levy of the annual assessment in a street lighting maintenance district created pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Lighting Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the Lighting Act, Article XIIID and the Implementation Act may be referred to collectively herein as the “Assessment Law”), in a special maintenance district known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as the “District”); and
WHEREAS, the City Council has ordered the preparation of an Engineer’s Report, and such report (the “Assessment Engineer’s Report”) has been prepared pursuant to the Assessment Law and filed with this City Council for its consideration, and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the referenced fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for the Public Hearing on all matters relating to said annual levy of the proposed assessment; and WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn are hereby overruled and denied.

SECTION 3. That based upon the Assessment Engineer’s Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed for the referenced fiscal year:
2033
A. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses.

B. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.

C. Only the special benefits have been assessed.

D. All parcels within the District that are owned or used either by a local government, the State of California or the United States and which specially benefit from the improvements to be maintained are being assessed.

E. The assessments do not exceed the maximum annual assessments previously authorized to be levied pursuant to the Assessment Law.

The estimate of costs, the assessment diagram, the assessments and all other matters, as set forth in the Assessment Engineer’s Report pursuant to the Assessment Law as submitted, are hereby approved, adopted by this City Council, and hereby confirmed.

SECTION 4. That this City Council hereby confirms and orders the annual levy of the assessments for the referenced fiscal year in the amounts as set forth in the Assessment Engineer's Report, and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.

SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year.

SECTION 6. That the maintenance work of improvements contemplated by the Resolution of Intention shall be performed pursuant to law.

SECTION 7. That the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said Assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.

SECTION 8. That the City Treasurer has previously established a special fund into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and the law, and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.

SECTION 9. That the City Manager is hereby ordered and directed to file, or cause to be filed, the assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
2034
SECTION 10. That a certified copy of the assessment and diagram shall be filed in the Office of the City Manager, with a duplicate copy on file in the Records Management Department and open for public inspection.

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

PASSED, APPROVED, AND ADOPTED this 21st day of July 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2035

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held July 21, 2026 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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held July 21, 2026. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2036
RESOLUTION NO. ________

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

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND

PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET
LIGHTING MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2026-27.

WHEREAS, the City Council of the City of Ontario, California, has initiated proceedings for the levy of the annual assessment in a street lighting maintenance district created pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Lighting Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the Lighting Act, Article XIIID and the Implementation Act may be referred to collectively herein as the “Assessment Law”), in a special maintenance district known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICT NO. 2
(hereinafter referred to as the “District”); and
WHEREAS, the City Council has ordered the preparation of an Engineer’s Report, and such report (the “Assessment Engineer’s Report”) has been prepared pursuant to the Assessment Law and filed with this City Council for its consideration, and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the referenced fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for the Public Hearing on all matters relating to said annual levy of the proposed assessment; and WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn are hereby overruled and denied.

SECTION 3. That based upon the Assessment Engineer’s Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed for the referenced fiscal year:
2037
A. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses.

B. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.

C. Only the special benefits have been assessed.

D. All parcels within the District that are owned or used either by a local government, the State of California or the United States and which specially benefit from the improvements to be maintained are being assessed.

E. The assessments do not exceed the maximum annual assessments previously authorized to be levied pursuant to the Assessment Law.

The estimate of costs, the assessment diagram, the assessments and all other matters, as set forth in the Assessment Engineer’s Report pursuant to the Assessment Law as submitted, are hereby approved, adopted by this City Council, and hereby confirmed.

SECTION 4. That this City Council hereby confirms and orders the annual levy of the assessments for the referenced fiscal year in the amounts as set forth in the Assessment Engineer's Report, and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.

SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year.

SECTION 6. That the maintenance work of improvements contemplated by the Resolution of Intention shall be performed pursuant to law.

SECTION 7. That the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said Assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.

SECTION 8. That the City Treasurer has previously established a special fund into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and the law, and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.

SECTION 9. That the City Manager is hereby ordered and directed to file, or cause to be filed, the assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
2038
SECTION 10. That a certified copy of the assessment and diagram shall be filed in the Office of the City Manager, with a duplicate copy on file in the Records Management Department and open for public inspection.

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

PASSED, APPROVED, AND ADOPTED this 21st day of July 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2039

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held July 21, 2026 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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held July 21, 2026. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2040
Department: Planning
Prepared By: Alexis Vaughn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Reviewed By: Thomas Grahn
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 26
SUBJECT: A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT FILE NO.

PDCA26-002 REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF

ONTARIO DEVELOPMENT CODE PURSUANT TO AN EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance approving File No. PDCA26-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions),

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

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT: There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: PROJECT SETTING: The proposed Development Code Amendment is of citywide impact, affecting approximately 50 square miles (32,022 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. The City of Ontario is substantially built-out with a mix of residential, commercial, industrial, agricultural, airport, recreational, and institutional/public land uses. According to the latest US Census forecast, the City of Ontario’s 2022 estimated population is 179,516 persons and in terms of population, is ranked the 26th largest city in the State and the 146th largest in the nation. Ontario’s population has increased by 3.46 percent since the most recent census, which recorded a population of 175,265 in 2020.

PROJECT ANALYSIS: The proposed Development Code Amendment is comprised of certain clarifications and revisions to the City of Ontario Development Code, as follows:
2041
(1) Revise Chapter 2.0 (Administration and Procedures), Section 2.03.010.C.1.b (2) – Public Hearing Notification, such that discretionary and legislative projects have the same 600-foot public noticing boundary; and, Table 2.02-1: Review Matrix, to clarify the Approval Authority for Electric Truck Vehicle Charging Facilities (for equipment and for ancillary construction), and for Semi-Trailer Storage Yard Facilities.
(2) Revise Chapter 4.0 (Permits, Actions, and Decisions), Section 4.02.025.B.2 – Development Plans, to provide clarification regarding the development of an Electric Vehicle Charging Facility or a SemiTrailer Storage Yard Facility. (3) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to: 1) include bowling centers and simulated racing facilities (limited to go-carts, radio-controlled vehicles, and other similar facilities) as conditionally-permitted land uses within the Open Space – Recreation (OS-R) zoning district when privately operated on publicly-owned land; and 2) prohibit massage services ancillary to day spas and wellness centers within the MU-1 Zoning District.
(4) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce electric truck vehicle charging facilities as a conditionally-permitted land use; and introduce Section 5.03.163: Electric Truck Vehicle Charging Facilities to the Development Code to establish regulations for the land use. (5) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce semi-trailer storage yard facilities as a conditionally-permitted land use; and introduce Section 5.03.357: Semi-Trailer Storage Yard Facilities to the Development Code to establish regulations for the land use. (6) Revise Chapter 5.0 (Zoning and Land Use), Section 5.03.025.H.3 - Alcoholic Beverage Sales, to:
1) update the name of the Ontario Toyota Arena Entertainment Zone (OTAEZ) to the Capital City Entertainment Zone; and, 2) add a new subsection to support the Ontario Sports Empire Entertainment Zone, including new standards and Figure 5.03-2: Ontario Sports Empire Entertainment Zone.
(7) Revise Chapter 6.0 (Development and Subdivision Regulations), Table 6.01-8: Commercial Zoning District Development Standards, to increase the maximum height within the Light Office (OL) zoning district from 35 feet to 55 feet.
(8) Revise Chapter 6.0 (Development and Subdivision Regulations), Section 6.02.025.A.3 – Design Standards for Nonresidential Zoning Districts, to include standards for the screening of Semi-Trailer Storage Yard Facilities and Electric Truck Vehicle Charging Facilities. (9) Revise Chapter 8.0 (Sign Regulations), Section 8.01.020 – Sign Standards, Table 8.01-1: Sign Regulation Matrix to clarify the maximum height of freeway signs.

The proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended Resolution. Any provisions proposed for deletion are shown in red strikeout text (Abcdefg) and all additions are shown in blue underlined 2042
text (Abcdefg).

AIRPORT LAND USE COMPATIBILITY PLAN COMPLIANCE: The California State Aeronautics Act (Public Utilities Code Section 21670, et seq.) requires that an Airport Land Use Compatibility Plan (ALUCP) 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 ALUCP.
(1) Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) — On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, Planning Commission has concluded that the proposed Development Code Amendment is consistent with the policies and criteria set forth within the ONT ALUCP. (2) Chino Airport Land Use Compatibility Plan (CNO ALUCP) — On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, 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 Development Code Amendment may affect certain land development criteria on certain properties located within the Airport Influence Area of Chino Airport, which have been evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As a result, the Planning Commission has concluded that the proposed Development Code Amendment is consistent with the policies and criteria set forth within the CNO ALUCP.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (general plan) component of The Ontario Plan, as the project furthers the purposes, principals, goals, and policies of the Housing Element.

PLANNING COMMISSION REVIEW: On June 23, 2026, the Planning Commission held a public hearing on the proposed amendments to the City of Ontario Development Code and voted (6-0) recommending that City Council adopt an Ordinance approving File No. PDCA26-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use),

6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario 2043
Development Code pursuant to an exemption under the California Environmental Quality Act.

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. (Muzzy Ranch Co. v. Solano County Airport Land Use Comm'n (2007) 41 Cal.4th 372, 380.) 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. Per the Supreme Court's ruling in Muzzy Ranch, the application of the commonsense exemption is decided based on whether record evidence supports the exemption, and no further evaluation by the City is required. The City need not engage in detailed or extensive fact-finding to make this determination as long as there is substantial evidence "appropriate to the CEQA stage in issue." (Muzzy Ranch, 41 Cal.4th at 388.) Specifically:
(1) The proposed amendments to Chapter 2.0 (Administration and Procedures), Section

2.03.010.C.1.b (2) - Public Hearing Notification, such that discretionary and legislative projects have the same 600-foot public noticing boundary, and providing additional clarity regarding the Approving Authority and Appeal Authority for Table 2.01-2: Review Matrix are procedural in nature and are intended to establish consistency in noticing requirements across application types and provide clarification for public hearing pathways. The modifications have no potential for resulting in a significant effect on the environment.
(2) The proposed amendment to Chapter 4.0 (Permits, Actions, and Decisions), Section

4.02.025.B.2 – Development Plans, to provide clarification regarding the development of an Electric Vehicle Charging Facility or a Semi-Trailer Storage Yard Facility is procedural in nature and has no potential, by itself, to result in a significant effect on the environment. (3) The proposed amendments to Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to: 1) include bowling centers and simulated racing facilities (limited to go-carts, radio-controlled vehicles, and other similar facilities) as conditionally-permitted land uses within the Open Space – Recreation (OS-R) zoning district when privately operated on publicly-owned land; and 2) prohibit massage services ancillary to day spas and wellness centers within the MU-1 Zoning District are procedural in nature. The modification establishes the requirement for Conditional Use Permit review for recreational facilities. Any future development projects would be subject to environmental review prior to approval, as part of a Development Plan application, and would be appealable. The modification also provides clarification regarding the prohibition of ancillary massage services in the MU-1 Zoning District. As such, the proposed amendments have no potential, by themselves, to result in a significant effect on the environment. (4) The proposed amendment to Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce electric truck vehicle charging facilities as a conditionally-permitted land use; and introduce Section

5.03.163: Electric Truck Vehicle Charging Facilities to the Development Code to establish regulations for the land use is procedural in nature. The modification brings this Development Code into compliance with Government Code 65850.7, which stipulates that EV charging equipment shall be 2044
reviewed administratively. Further, it establishes the requirement for Conditional Use Permit review for all applicable site improvements and establishes development and operational regulations. Any future development projects would be subject to environmental review prior to approval, as part of a Development Plan application, and would be appealable. As such, this amendment has no potential, by itself, to result in a significant effect on the environment. (5) The proposed amendments to Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce semi-trailer storage yard facilities as a conditionally-permitted land use; and introduce Section 5.03.357: SemiTrailer Storage Yard Facilities to the Development Code to establish regulations for the land use is procedural in nature, as the modification establishes the requirement for Conditional Use Permit review and establishes development and operational regulations. Any future development projects would be subject to environmental review prior to approval, as part of a Development Plan application, and would be appealable. As such, this amendment has no potential, by itself, to result in a significant effect on the environment.
(6) The proposed amendments to Chapter 5.0 (Zoning and Land Use), Section 5.03.025.H.3 - Alcoholic Beverage Sales, to: 1) update the name of the Ontario Toyota Arena Entertainment Zone (OTAEZ) to the Capital City Entertainment Zone; and, 2) add a new subsection to support the Ontario Sports Empire Entertainment Zone, including new standards and Figure 5.03-2: Ontario Sports Empire Entertainment Zone, are administrative and procedural in nature. Updating the name of the Entertainment Zone is administrative in nature and has no potential for causing a significant effect on the environment. Introduction of a new subsection to support the Ontario Sports Empire Entertainment Zone is similarly administrative and procedural, as it clarifies further the regulations previously established within the Development Code regarding sales and service of alcoholic beverages within Entertainment Zones. Further, the amendment would not in and of itself permit development of any kind nor reduce any existing limitations on development. Therefore, this amendment has no potential for causing a significant effect on the environment. (7) The proposed amendment to Chapter 6.0 (Development and Subdivision Regulations), Table

6.01-8 – Commercial Zoning District Development Standards, to increase the maximum height within the Light Office (OL) zoning district from 35 feet to 55 feet is procedural in nature, as it allows a higher height for buildings within the affected zone. It does not propose to increase the development intensity, and any future development projects would be subject to environmental review prior to approval, as part of a Development Plan application, and would be appealable. As such, this amendment has no potential, by itself, to result in a significant effect on the environment. (8) The proposed amendment to Chapter 6.0 (Development and Subdivision Regulations), Section

6.02.025.A.3 – Design Standards for Nonresidential Zoning Districts, to include standards for the screening of Semi-Trailer Storage Yard Facilities and Electric Truck Vehicle Charging Facilities, is procedural in nature and introduces requirements intended to reduce potential nuisances associated with the land uses. As such, this amendment has no potential for causing a significant effect on the environment.
(9) The proposed amendment to Chapter 8.0 (Sign Regulations), Section 8.01.020 – Sign Standards, Table 8.01-1: Sign Regulation Matrix to clarify the maximum height of freeway signs, is 2045
administrative in nature, as it clarifies the existing height provision for consistency with the built environment, when the adjacent freeway grade is different than that of the project site. Therefore, this amendment has no potential for causing a significant effect on the environment. 2046
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA26-002, A DEVELOPMENT

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

ONTARIO DEVELOPMENT CODE PURSUANT TO AN EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, 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. PDCA26-002 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 (32,022 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 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, 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), Section

2.03.010.C.1.b (2) – Public Hearing Notification, such that discretionary and legislative projects have the same 600-foot public noticing boundary; and, Table 2.02-1: Review Matrix, to clarify the Approval Authority for Electric Truck Vehicle Charging Facilities (for equipment and for ancillary construction), and for Semi-Trailer Storage Yard Facilities. 2047
(2) Revise Chapter 4.0 (Permits, Actions, and Decisions), Section 4.02.025.B.2 – Development Plans, to provide clarification regarding the development of an Electric Vehicle Charging Facility or a Semi-Trailer Storage Yard Facility. (3) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to: 1) include bowling centers and simulated racing facilities (limited to go-carts, radio-controlled vehicles, and other similar facilities) as conditionally-permitted land uses within the Open Space – Recreation (OS-R) zoning district when privately operated on publicly-owned land; and 2) prohibit massage services ancillary to day spas and wellness centers within the MU-1 Zoning District.
(4) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce electric truck vehicle charging facilities as a conditionally-permitted land use; and introduce Section 5.03.163: Electric Truck Vehicle Charging Facilities to the Development Code to establish regulations for the land use.
(5) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce semi-trailer storage yard facilities as a conditionally-permitted land use; and introduce Section 5.03.357: Semi-Trailer Storage Yard Facilities to the Development Code to establish regulations for the land use.
(6) Revise Chapter 5.0 (Zoning and Land Use), Section 5.03.025.H.3 - Alcoholic Beverage Sales, to: 1) update the name of the Ontario Toyota Arena Entertainment Zone (OTAEZ) to the Capital City Entertainment Zone; and, 2) add a new subsection to support the Ontario Sports Empire Entertainment Zone, including new standards and Figure 5.03-2: Ontario Sports Empire Entertainment Zone. (7) Revise Chapter 6.0 (Development and Subdivision Regulations), Table

6.01-8: Commercial Zoning District Development Standards, to increase the maximum height within the Light Office (OL) zoning district from 35 feet to 55 feet. (8) Revise Chapter 6.0 (Development and Subdivision Regulations), Section

6.02.025.A.3 – Design Standards for Nonresidential Zoning Districts, to include standards for the screening of Semi-Trailer Storage Yard Facilities and Electric Truck Vehicle Charging Facilities.
(9) Revise Chapter 8.0 (Sign Regulations), Section 8.01.020 – Sign Standards, Table 8.01-1: Sign Regulation Matrix to clarify the maximum height of freeway signs.

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 2048
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 June 23, 2026, 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. PC26-030, recommending the City Council approve the Development Code Amendment; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1: As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and (2) The Development Code Amendment, as documented in the Agenda Report, 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. The determination that the Development Code Amendment is not subject to CEQA reflects the independent judgment of the City Council.

SECTION 2: Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Development Code Amendment, 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: 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.
2049
(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 decisionmaking body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2- 5). As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and (2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, Chino Airport Land Use Compatibility Plan (CNO ALUCP). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 4: 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. 2050
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

SECTION 5: 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: 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: 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: This Ordinance shall become effective 30 days following its adoption.

SECTION 9: 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 ___ day of ____ 2026. _____________________________________
PAUL S. LEON, MAYOR
2051
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2052

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 July 21, 2026, and adopted at the regular meeting held on ____, 2026, 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 ____, 2026, and that Summaries of the Ordinance were published on ____, and ____, in the Inland Valley Daily Bulletin newspaper.

SHELIA MAUTZ, CITY CLERK
(SEAL)
2053
ATTACHMENT A:

File No. PDCA26-002
2026 Development Code Amendment No. 2
(Document to follow this page)
2054
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
2055
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2056
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 2057
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;
2058
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.
2059
Division 2.01—Planning Agency
(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.
2060
Ontario Development Code Page 2.02-1 (Rev. 02.17.2026)
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
2061
Division 2.02— Application Filing and Processing
(Rev. 02.17.2026) 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
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

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
2062
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-3 (Rev. 02.17.2026)
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
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
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 [14]
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
2063
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(Rev. 02.17.2026) Page 2.02-4 Ontario Development Code
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
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
(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
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
2064
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-5 (Rev. 02.17.2026)
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

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. Minor Adjustments/Alterations in the CCS
zoning district (Ref: ODC 4.02.020.C.2.d)
X A A

14. 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]

15. Subdivisions
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

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

17. 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
2065
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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

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

6.01.010.H.3.b)
X A A

7. Electric Truck Vehicle Charging Facilities
(Equipment Only)
X

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

ODC Section 4.03.060)
X A A

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

4.03.060)
X A A

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

11. Landscape and Irrigation Plans (Ref:

ODC Section 6.05.005)
X A A

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

ODC Section 6.08.040)
X A A

13. ONT ALUCP Interagency Review [7] (Ref:

ONT ALUCP)
X A[8]

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

15. Shopping Cart Retention Plans (Ref: ODC
Section 6.11.020)
X A A

16. Sign Plans (Ref: ODC Section 4.03.020) X A A

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

18. 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
2066
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-7 (Rev. 02.17.2026)
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
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

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

20. 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

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. 2067
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[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;
 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.). [14] Electric Vehicle Truck Charging Facilities (exclusive of charging equipment), and Semi-Trailer Storage Yard Facilities as a primary use shall be subject to Planning Commission Approval Authority and City Council Appeal Authority.

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. 2068
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-9 (Rev. 02.17.2026)

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.

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.
2069
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(Rev. 02.17.2026) Page 2.02-10 Ontario Development Code (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.
(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. 2070
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-11 (Rev. 02.17.2026) 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:
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:
2071
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(Rev. 02.17.2026) Page 2.02-12 Ontario Development Code 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.
(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).

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. 2072
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-13 (Rev. 02.17.2026) 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, 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. 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. 2073
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(Rev. 02.17.2026) Page 2.02-14 Ontario 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 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 2074
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-15 (Rev. 02.17.2026) 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).

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; 2075
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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.

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.
2076
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Ontario Development Code Page 2.02-17 (Rev. 02.17.2026) 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 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.
2077
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(Rev. 02.17.2026) Page 2.02-18 Ontario Development Code 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 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.
2078
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Ontario Development Code Page 2.02-19 (Rev. 02.17.2026) 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
(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. 2079
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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 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. 2080
Ontario Development Code Page 2.03-1 (Rev. 08.04.2026)
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
2081
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(Rev. 08.04.2026) 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
2082
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-3 (Rev. 08.04.2026)
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
2083
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(Rev. 08.04.2026) 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.

X

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
2084
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Ontario Development Code Page 2.03-5 (Rev. 08.04.2026)
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
2085
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(Rev. 08.04.2026) Page 2.03-6 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

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
2086
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-7 (Rev. 08.04.2026)
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.
2087
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(Rev. 08.04.2026) Page 2.03-8 Ontario Development Code
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 600 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.
2088
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-9 (Rev. 08.04.2026)

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. 2090
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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. 2091
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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 2098
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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 2099
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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. 2101
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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. 2103
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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. 2104
Chapter 4.0:

Permits, Actions, and Decisions
Division 4.01—Legislative Actions
Division 4.02—Discretionary Permits and Actions
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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. 2109
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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, 2110
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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] 2113
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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. 2114
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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; 2115
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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. 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.

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. 2116
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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 2117
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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).

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 approval and there are no resulting inconsistencies with this Development Code.

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 2122
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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.
d. Notwithstanding the above, a Minor Adjustment/Alternation may be approved in the CCS (Convention Center Support Commercial) zoning district within the Ontario Sports Empire for [i] a reduction up to 50 percent of the minimum setback and separation requirements, except for nonresidential setback requirements along property lines that are common with any residentially zoned property, and [ii] the encroachment of balconies into a required street-facing property line setback up to a maximum of 66 percent of the required setback, and not to exceed 10 FT.

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; 2124
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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; and
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.
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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 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.
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; and 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:
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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; c. Location, design and dedication of streets and alleys (public and private facilities);
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. 2127
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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.

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;
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Ontario Development Code Page 4.02-13 (Rev. 02.17.2026) 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;
m. The development of an Electric Vehicle Charging Facility (except for charging equipment) or a Semi-Trailer Storage Yard Facility as a primary use; n. The relocation (move-on) of a building within any zoning district; o. 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;
p. 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;
q. 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;
r. A Tier 2 or Tier 3 wireless telecommunications facility pursuant to Section

5.03.420 (Wireless Telecommunications Facilities) of this Development Code; and s. 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 2129
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(Rev. 02.17.2026) Page 4.02-14 Ontario Development Code 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 be final and conclusive in the absence of an appeal filed pursuant to Paragraph C.5 (Appeals), below.
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;
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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.

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; 2131
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(Rev. 02.17.2026) Page 4.02-16 Ontario Development Code 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.

F. Development Plan Modifications/Revisions.

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.

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 approval and there are no resulting inconsistencies with this Development Code.

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 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 2132
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Ontario Development Code Page 4.02-17 (Rev. 02.17.2026) 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.

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.
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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.

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:
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Ontario Development Code Page 4.02-19 (Rev. 02.17.2026) 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 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 2135
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(Rev. 02.17.2026) Page 4.02-20 Ontario Development Code 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.

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. 2136
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Ontario Development Code Page 4.02-21 (Rev. 02.17.2026) 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.

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;
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(Rev. 02.17.2026) Page 4.02-22 Ontario Development Code 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:

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 2138
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Ontario Development Code Page 4.02-23 (Rev. 02.17.2026) (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.
b. History.
(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.
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(Rev. 02.17.2026) Page 4.02-24 Ontario Development Code

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 Landmark or Local Historic District Designation, Tier Designation, Eligibility Determination, or Architectural Conservation Area.

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. 2140
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Ontario Development Code Page 4.02-25 (Rev. 02.17.2026) 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.

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 2141
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(Rev. 02.17.2026) Page 4.02-26 Ontario Development Code 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 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. 2142
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Ontario Development Code Page 4.02-27 (Rev. 02.17.2026)

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 action and shall include all applicable findings prescribed by Subsection D (Findings and Decision), below.
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.
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(Rev. 02.17.2026) Page 4.02-28 Ontario Development Code 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 (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 2144
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Ontario Development Code Page 4.02-29 (Rev. 02.17.2026) 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 (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.
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(Rev. 02.17.2026) Page 4.02-30 Ontario Development Code 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 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;
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Ontario Development Code Page 4.02-31 (Rev. 02.17.2026) 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 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).

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 approval and there are no resulting inconsistencies with this Development Code.

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.
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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.

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;

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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 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.
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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).

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 approval and there are no resulting inconsistencies with this Development Code.

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.

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—Mills Act Contract (Contract) application.

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.
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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.

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.
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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.

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 2152
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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:
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.
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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.

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. 2154
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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 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; 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;
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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.

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.
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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.

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.
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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.

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;
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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 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
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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 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:
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Division 4.02—Discretionary Permits and Actions
Ontario Development Code Page 4.02-45 (Rev. 02.17.2026)

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.
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.