Division 2.02 — Application Filing and Processing

Table 2.02-1: Review Matrix

                                                             Reviewing Authorities [4]

[2] [11] [11] [2] [11] [11] Applications, Actions, Decisions Advisory Director Official and Processes Authority Engineer Marshal Board Preservation Preservation Commission Council International Administrator City Fire Planning Building Commission City Airport Historic Historic Ontario Subcommittee Zoning Development Planning

Zoning Development Planning

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

 2.  Development Agreements [1] (Ref: ODC                                              R    X

Section 4.01.015)

 3.  Development Code Amendments [1]                                                 R    X

(Ref: ODC Section 4.01.020) 4. Amendment to the Policy Plan (General R X Plan) Component of The Ontario Plan [1] (Ref: ODC Section 4.01.025) 5. Planned Unit Developments and R X Amendments [1] (Ref: ODC Section 4.01.030) 6. Specific Plans and Amendments [1][12] R X (Ref: ODC Section 4.01.035) 7. Williamson Act Contract Cancellations [1] R X (Ref: GC Section 51200, et seq.) 8. Zone Changes [1] (Ref: ODC Section R X 4.01.040) B. DISCRETIONARY PERMITS AND ACTIONS 1. Billboard Relocation Agreements [1] (Ref: R X ODC Section 4.02.010) 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 R X A Development Plan [1] c. Use established within an existing X A A structure [1]

(Rev. 02.17.2026) Page 2.02-2 Ontario Development Code

Division 2.02—Application Filing and Processing

Table 2.02-1: Review Matrix

                                                             Reviewing Authorities [4]

[2] [11] [11] [2] [11] [11] Applications, Actions, Decisions Advisory Director Official and Processes Authority Engineer Marshal Board Preservation Preservation Commission Council International Administrator City Fire Planning Building Commission City Airport Historic Historic Ontario Subcommittee Zoning Development Planning

Zoning Development Planning

      d.   Modification or revocation per ODC                                       X   A

Division 2.05 (City Initiated Modification or Revocation) [1] e. Revocation due to abandonment of X A A use per ODC Division 2.05 (City Initiated Modification or Revocation) [1] 3. Density Bonus and Other Incentives [1] R X (Ref: ODC Section 6.01.010.H) 4. Development Plans, except within the ONT zoning district (Ref: ODC Section 4.02.025) a. Residential developments totaling 5 R X A or more dwelling units or the development of 3 or more dwelling units on a single lot or parcel b. Commercial developments, and X A A developments in the CIV, OS-R, OS-C and UC zoning districts, greater than 500 SF in area c. Industrial developments equal to or X A A less than 0.45 FAR d. Industrial developments exceeding R X A

A. Application filing.

     1.    An application for a permit, permit modification, amendment, or any other matters

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

     2.    An application may be initiated by the City, owner(s) or lessee(s) of property, or

their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code, or their agent(s).

(Rev. 02.17.2026) Page 2.02-8 Ontario Development Code

Division 2.02—Application Filing and Processing

     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.

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

or action by an Advisory Authority is as follows:

           a.     The Advisory Authority shall make recommendation to the Approving

Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.

           b.     The Advisory Authority shall forward its recommendation to the Approving

Authority within 60 days following the date its decision was rendered.

            c.      In instances where review and recommendation by more than one

Advisory Authority is required, the initial Advisory Authority shall forward its recommendation whether to approve, approve in modified form, or deny an application to the subsequent Advisory Authority within 30 days following the date its decision was rendered. The 30-day time limit may be extended by mutual agreement of the applicant and City.

     5.     Approving Authority Review and Action. The procedure for review and action on

a discretionary permit or action by an Approving Authority is as follows:

           a.    Upon receipt of the Advisory Authority's recommendation, the Approving

Authority shall approve, approve in modified form, or deny an application, and may impose reasonable conditions to the approval of an application.

           b.     The action of the Approving Authority shall be by written decision, setting

forth the basis for the action, and shall include any applicable findings prescribed by Division 4.02 (Discretionary Permits and Actions) of this Development Code. A discretionary permit or action shall be acted upon within the timeframes specified by GC Section 65950, 65950.1, 65951, and 65952, except that Tentative Subdivision Maps shall be acted upon within the timeframes specified by GC Section 66452.1.

            c.     The decision of the Approving Authority shall be final and conclusive in the

absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.

     6.      Effective Date of Approving Authority Action. A discretionary permit or action shall

become effective on the City business day following Approving Authority action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative

Ontario Development Code Page 2.02-13 (Rev. 02.17.2026)

Division 2.02— Application Filing and Processing

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.

hich 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 application, the entirety of the information that the responsible City department may require in order to facilitate final action on the application.

(Rev. 02.17.2026) Page 2.02-14 Ontario Development Code

Division 2.02—Application Filing and Processing

                    (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.

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

     1.    Enhance and provide long-term protection for the environment, while providing a

decent home and satisfying living environment for every Californian;

     2.     Provide information to governmental decision-makers and the public regarding

the potential significant environmental effects of the proposed project;

     3.     Provide an analysis of the environmental effects of future actions associated with

a project in order to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project;

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

reduced;

Ontario Development Code Page 2.02-15 (Rev. 02.17.2026)

Division 2.02— Application Filing and Processing

     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.

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

     1.      Generally.  Unless  otherwise  stipulated by  the  conditions  of  approval, a

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

     2.     Development Plan. Unless otherwise stipulated by the conditions of approval, a

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

     3.      Tentative Subdivision Map. A Tentative Tract or Parcel Map shall become invalid if

not exercised within the time limits specified by GC Section 66452.6.

     4.     Vesting Tentative Maps.

           a.    A vesting tentative map shall become invalid  if not exercised within the

time limits specified by Paragraph A.3 (Tentative Subdivision Map), above.

(Rev. 02.17.2026) Page 2.02-16 Ontario Development Code

Division 2.02—Application Filing and Processing

           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.

           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

Ontario Development Code Page 2.02-17 (Rev. 02.17.2026)

Division 2.02— Application Filing and Processing

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

8.  Projects Involving Pending Litigation. The time limits specified in Paragraphs A.1
   

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

     9.      Definition. For the purposes of this Section, the term "exercised" shall mean the

following:

           a.     The applicant, or property owner  if different from the applicant, has

completed or fulfilled all conditions of approval imposed upon the permit or action by the Approving Authority; and

           b.      In the case of permits or actions pertaining to a development project

approval, a Building Permit shall have been issued and construction shall have been diligently pursued toward project completion. In the case of permits or actions pertaining to a land use approval, the approved use shall have commenced. In the case of a Merger of Contiguous Parcels, Reversion to Acreage, or Tentative Subdivision Map, the Merger, Reversion, or Final Subdivision Map shall have been recorded at the office of the San Bernardino County Recorder.

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

     1.      Project Applicant or Property Owner Requested Time Extension.

           a.     The project applicant, or property owner  if different from the applicant,

may file a Time Extension request, together with any required filing fees, with the City (Planning Department or Engineering Department, as applicable) prior to the expiration date of an approved discretionary permit or action.

           b.    Upon the submittal of a Time Extension request, the affected discretionary

permit or action shall be granted an automatic 90-day time extension to allow sufficient time for application processing.

(Rev. 02.17.2026) Page 2.02-18 Ontario Development Code

Division 2.02—Application Filing and 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 one-

year 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.

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.

Ontario Development Code Page 2.02-19 (Rev. 02.17.2026)

Division 2.02— Application Filing and Processing

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.

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.

(Rev. 02.17.2026) Page 2.02-20 Ontario Development Code

Division 2.03—Public Hearings

Sections:

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.

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

Table 2.03-1: Notification Matrix

                                                        Required Method of Public Notification

                                                                                           [2]           or
                                                                         [2]                                                                                                                                                            than                                                                                                                                              pagenumberwhomto                                                                                                                                                                                                                                                             Delivery           the    mailed         Applications, Actions, Decisions                                                                                  Posting                                                                            be             And Processes                             or          or       if                                                                                                                                                            Required                                                                                                    owners     greateris1,000
                                                                                                                          Mail                           would                                                          Not
                                                                                                                                                          Class                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Newspaper—1/8      property       delivered                                                                                                                                                                                                                                      Newspaper                                                                                                                                                              First                                                 advertisementofnotices

A. LEGISLATIVE ACTIONS 1. Airport Land Use Compatibility Plan and X X X Amendments [1] (Ref: ODC Section 4.01.010) 2. Development Agreements [1] (Ref: ODC X X X Section 4.01.015)

Ontario Development Code Page 2.03-1 (Rev. 08.19.2025)

Division 2.03—Public Hearings

Table 2.03-1: Notification Matrix

                                                        Required Method of Public Notification

                                                                                           [2]           or
                                                                         [2]                                                                                                                                                            than                                                                                                                                              pagenumberwhomto                                                                                                                                                                                                                                                             Delivery           the    mailed         Applications, Actions, Decisions                                                                                  Posting                                                                            be             And Processes                             or          or       if                                                                                                                                                            Required                                                                                                    owners     greateris1,000
                                                                                                                          Mail                           would                                                          Not
                                                                                                                                                          Class                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Newspaper—1/8      property       delivered                                                                                                                                                                                                                                      Newspaper                                                                                                                                                              First                                                 advertisementofnotices

Newspaper First advertisementofnotices

 3.  Development Code Amendments [1]                                               X

(Ref: ODC Section 4.01.020) 4. Amendment to the Policy Plan (General X X X Plan) Component of The Ontario Plan [1] (Ref: ODC Section 4.01.025) 5. Planned Unit Developments and X X X Amendments [1] (Ref: ODC Section 4.01.030) 6. Specific Plans and Amendments [1] (Ref: X X X ODC Section 4.01.035) 7. Williamson Act Contract Cancellations X X X [1] (Ref: GC Section 51200, et seq.) 8. Zone Changes [1] (Ref: ODC Section X X X 4.01.040) B. DISCRETIONARY PERMITS AND ACTIONS 1. Billboard Relocation Agreements [1] X (Ref: ODC Section 4.02.010) 2. Conditional Use Permits (Ref: ODC Section 4.02.015) a. Hotels, Motels and Residence Inns X X [1] b. Use established in conjunction with X X a Development Plan [1] c. Use established within an existing X X structure [1] d. Modification or revocation per X X ODC Division 2.05 (City Initiated Modification or Revocation) [1] e. Revocation due to abandonment X X of use per ODC Division 2.05 (City Initiated Modification or Revocation) [1] 3. Density Bonus and Other Incentives (Ref: X X ODC Section 6.01.010.H) [1] 4. Development Plans, except within the ONT zoning district (Ref: ODC Section 4.02.025) a. Residential developments totaling 5 X or more dwelling units or the development of 3 or more dwelling units on a single lot or parcel

(Rev. 08.19.2025) Page 2.03-2 Ontario Development Code

Division 2.03—Public Hearings

Table 2.03-1: Notification Matrix

                                                        Required Method of Public Notification

[2] or [2] than pagenumberwhomto Delivery the mailed Applications, Actions, Decisions Posting be And Processes or or if Required owners greateris1,000 Mail would Not Class Newspaper—1/8 property delivered Newspaper First advertisementofnotices

      b.  Commercial developments, and                     X

developments in the CIV, OS-R, OS-C and UC zoning districts, greater than 500 SF in area c. Industrial developments equal to or X less than 0.45 FAR d. Industrial developments exceeding X

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.

Ontario Development Code Page 2.03-7 (Rev. 08.19.2025)

Division 2.03—Public Hearings

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

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

     1.        First Class Mail or Delivery. First Class Mail or delivery shall be provided to:

           a.    Any person filing a request to the Planning Department to receive such

notices; and

           b.       All owners of real property located within the specified minimum exterior

boundaries of the property that is the subject of the hearing, as shown on the last equalized assessment roll, or records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll, except that:

                    (1)     For Minor Variances, the area of notification  shall include  all

properties having a property line common with the affected property;

                    (2)     For discretionary applications, the area of notification shall be within

300 FT of the exterior boundaries of the property that is the subject of the hearing;

                    (3)     For wireless telecommunications facilities located 500 FT or less from

residentially zoned property, the area of notification shall be within 500 FT of the exterior boundaries of the property that is the subject of the hearing; and

                    (4)     For legislative applications, the area of notification shall be within

600 FT of the exterior boundaries of the property that is the subject of the hearing.

c. The owner's duly authorized agent, if any; and

           d.     The project applicant; and

            e.    Any owner of a mineral right pertaining to the subject real property who

has recorded a notice of intent to preserve the mineral right pursuant to CC Section 883.230; and

                      f.     Each local agency expected to provide water, sewage, streets, roads,

schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

     2.    Number of Owners Requiring Public Hearing Notification Is Greater Than 1,000. If

the number of owners to whom notice would be mailed or delivered pursuant to Subparagraph C.1.b of this Section, is greater than 1,000, in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page may be placed in at least one newspaper of general circulation within the City of Ontario.

(Rev. 08.19.2025) Page 2.03-8 Ontario Development Code

Division 2.03—Public Hearings

     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

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-to- time. 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.

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Division 2.03—Public Hearings

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.

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.

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

Those persons requesting notice shall be notified

by the City at the address provided at the time of the request.

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Division 2.04—Appeals

Sections:

Administrator or Development Advisory Board be Further Considered

Zoning Administrator, or Development Advisory Board be Further Considered

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.

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.

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.

Ontario Development Code Page 2.04-1 (Rev. 12.01.2020)

Division 2.04—Appeals

     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.

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.

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.

(Rev. 12.01.2020) Page 2.04-2 Ontario Development Code

Division 2.04—Appeals

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 2.04—Appeals

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