Chapter 2.0 — Administration and Procedures — Ontario Zoning Code

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

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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

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Division 2.01—Planning Agency

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;

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Division 2.01—Planning Agency

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 ¶

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

C. Powers and Duties. The Development Advisory Board shall have the authority to hear, recommend and decide on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code.

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Division 2.01—Planning Agency

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 ¶

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.

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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

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Division 2.02— Application Filing and Processing

Table 2.02-1: Review Matrix

				*Reviewing Authorities*	*Reviewing Authorities*	*Reviewing Authorities*	*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*
*Applications, Actions, Decisions*
*and Processes*

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]

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Division 2.02—Application Filing and Processing

Table 2.02-1: Review Matrix

				*Reviewing Authorities*	*Reviewing Authorities*	*Reviewing Authorities*	*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*
*Applications, Actions, Decisions*
*and Processes*

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
0.45 FAR
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					X				A	A
[1](Ref: ODC Section 4.02.030)
6. Historic Preservation
a. Certificates of Appropriateness (Ref:
ODC Section 4.02.050)
(1) Designated Historic Landmarks							R	X		A
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource[1]
(2) Deferral of Replacement							R	X		A
Structure[1]
(3) Eligible Historic Resources[1]							X	A		A

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Division 2.02— Application Filing and Processing

Table 2.02-1: Review Matrix

				*Reviewing Authorities*	*Reviewing Authorities*	*Reviewing Authorities*	*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*
*Applications, Actions, Decisions*
*and Processes*

(4) Modification or revocation per							R	X		A
ODC Division 2.05 (City Initiated Modification or
Revocation)[1]
(5) Waivers for Minor Improvements	X						A[6]	A[6]
b. Certificates of Economic Hardship							R	X		A
[1](Ref: ODC Section 4.02.055)
c. Certificates of Economic Hardship—							R	X		A
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation)[1]
d. Conservation Plans (Ref: ODC							X	A		A
Section 4.02.060)
e. Historic Resource Tiering (Ref: ODC							X	A		A
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
f. Local Historic Landmark and Local							R	R		X
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:
ODC Section 4.02.045)
g. Mills Act Contracts (Ref: ODC							R	R		X
Section 4.02.065)
h. Mills Act Cancellations[1](Ref: ODC							R	R		X
Section 4.02.065)
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section
4.02.045)
(1) At the request of the property							X	A		A
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.
(2) Loss of all historic and/or cultural	X							A		A
significance due to a catastrophe causing a loss
of integrity, or due to extensive legally performed
alterations performed after the property was
initially surveyed.
7. Master Plans and Amendments[1](Ref:									R	X
ODC Section 4.02.070)
8. Minor Adjustments/Alterations (Ref: ODC					X				A	A
Section 4.02.020.C)

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Division 2.02—Application Filing and Processing

Table 2.02-1: Review Matrix

				*Reviewing Authorities*	*Reviewing Authorities*	*Reviewing Authorities*	*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*
*Applications, Actions, Decisions*
*and Processes*

9. Nonconforming Structure Reconstruction									X	A
[1](Ref: ODC Section 3.01.020)
10. Parking Reduction (Ref: ODC Section									X	A
6.03.025)
11. Sign Programs (Ref: ODC Section	X								A	A
4.02.075)
12. Specific Plan Minor	X								A	A
Adjustments/Alterations[12](Ref: ODC Section
4.02.080)
13. Minor Adjustments/Alterations in the CCS	X								A	A
zoning district (Ref: ODC 4.02.020.C.2.d)
14. Stays of Permit Approval Time Limit (Ref:					X[5]	X[5]	X[5]	X[5]	X[5]	X[5]
ODC Section 2.02.025.A.8)
15. Subdivisions
a. Reversions to Acreage[1](Ref: ODC						R			X	A
Section 4.02.090)
b. Tentative Tract and Parcel Maps,						R			X	A
and Vesting Maps[1](Ref: ODC Section 4.02.095)
c. Tentative Tract and Parcel Map Time						R			X	A
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
16. Time Extensions, excepting tentative	X								A	A
subdivision maps (Ref: ODC Section 2.02.025)
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	X		X	X
Plans (Ref: ODC Section 4.03.010)
2. Administrative Exceptions (Ref: ODC					X				A	A
Section 4.03.050)
3. Administrative Use Permits (Ref: ODC	X
Section 4.03.015)
4. Business License - Zoning/Land Use	X								A	A
Compliance (Ref: OMC 3-1.129 Zoning
Compliance)
5. Development Plans within the ONT zoning	X								A	A
district (Ref: ODC Section 4.02.025)

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Division 2.02— Application Filing and Processing

Table 2.02-1: Review Matrix

				*Reviewing Authorities*	*Reviewing Authorities*	*Reviewing Authorities*	*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*
*Applications, Actions, Decisions*
*and Processes*

6. Density Bonus[10][13](Ref: ODC Section	X								A	A
6.01.010.H.3.b)
7. Fair Housing and Reasonable					X				A	A
Accommodation (Fair Housing Exemption) (Ref:
ODC Section 4.03.060)
8. Fair Housing and Reasonable	X								A	A
Accommodation (RLUIPA) (Ref: ODC Section
4.03.060)
9. Interpretations and Land Use					X				A	A
Determinations (Ref: ODC Section 1.02.010)
10. Landscape and Irrigation Plans (Ref:	X								A	A
ODC Section 6.05.005)
11. Off-Site (Public) Improvement Plans (Ref:		X							A	A
ODC Section 6.08.040)
12. ONT ALUCP Interagency Review[7](Ref:	X									A[8]
ONT ALUCP)
13. Other Plan Checks and actions required	X								A	A
by this Development Code
14. Shopping Cart Retention Plans (Ref: ODC	X								A	A
Section 6.11.020)
15. Sign Plans (Ref: ODC Section 4.03.020)	X								A	A
16. Single-Family Two-Unit Developments	X								A	A
(Ref: ODC Section 5.03.403)
17. Subdivisions
a. Certificates of Compliance (Ref:		X							A	A
ODC Section 4.03.025)
b. Final Tract and Parcel Maps, and										X
Vesting Maps (Ref: ODC Section 4.03.030)
c. Lot Line Adjustments (Ref: ODC		X							A	A
Section 4.03.035)
d. Map Corrections and Amendments		X							A	A
(Ref: ODC Section 4.03.040)
e. Street Address Numbering (Ref: ODC				X					A	A
Section 6.06.010)
f. Street Name Assignment (Ref: ODC	X								A	A
Section 6.06.010)
g. Subdivision Improvement		X							A	A
Agreement (Ref: ODC Section 6.08.040.G)

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Division 2.02—Application Filing and Processing

Table 2.02-1: Review Matrix

				*Reviewing Authorities [4]*	*Reviewing Authorities [4]*	*Reviewing Authorities [4]*	*Reviewing Authorities [4]*	*Reviewing Authorities [4]*	*Reviewing Authorities [4]*	*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*
*Applications, Actions, Decisions*
*and Processes*

h. Urban Lot Split (Ref: ODC Section		X							A	A
6.08.060)
i. Lot Merger (Merger of Contiguous		X							A	A
Parcels)[1](Ref: ODC Section 4.02.085)
18. Tier 1 wireless telecommunications facility					X				A	A
pursuant to ODC Section 5.03.420 (Wireless
Telecommunications Facilities)
19. Wall, Fence, and Obstructions Plans not	X								A	A
associated with a Development Plan (Ref: ODC
Section 6.02.005)
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS
1. Environmental Impact Reports (EIRs) (Ref:									X[3]	X[3]
CCR Section 15080, et seq.)
2. Exempt Projects (Ref: CCR Section 15300,	X[3]				X[3]	X[3]	X[3]	X[3]	A	A
et seq.)
3. Ministerial Projects (Ref: CCR Section		Ministerial		projects are exempt from the requirements of							CEQA
15268)						[10]
4. Negative Declarations (NDs) and					X[3]	X[3]	X[3]	X[3]	X[3]	X[3]
Mitigated Negative Declarations (MNDs) (Ref:
CCR Section 15070, et seq.)
5. Addendums to previously certified EIRs					X[3]	X[3]	X[3]	X[3]	X[3]	X[3]
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
6. Environmental review for projects											X
located within the ONT zoning district[9]

Notes:

[1] A public hearing is required pursuant to the procedures set forth in Division 2.03 (Public Hearings) of this Development Code; however, public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority.
[2] The Approving Authority may refer any application subject to their review to the next higher authority (Appeal Authority).
[3] The Approving Authority for environmental determinations/actions shall be the same as the related legislative or discretionary actions. NDs and MNDs, and Addendums to previously certified EIRs, and previously adopted NDs or MNDs, which are not associated with, or are independent of, legislative or discretionary actions, shall be subject to Development Advisory Board review and adoption. EIRs that are not associated with, or are independent of, legislative or discretionary actions shall be subject to Planning Commission review and certification.
[4] An application submitted for concurrent review and action with another application, action or decision requiring review and action by a higher Reviewing Authority may be subject to concurrent review and action by that higher Reviewing Authority upon their request.

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[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.).

2.02.010: Applications and Fees ¶

A. Application filing.

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

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

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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.

2.02.015: Application Processing Procedures ¶

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

A. Legislative Actions. The Advisory and Approving Authorities for legislative actions are established by Table 2.02-1 (Review Matrix) of this Division. Unless otherwise stipulated by Division 4.01 (Legislative Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a legislative action is as follows:

1. Initial Review for Application Completeness. Legislative actions shall be initially reviewed for application completeness and acceptance, as follows:

a. Review for Application Completeness.

(1) Following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant.

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(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. 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.

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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.

** The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.01 (Legislative Actions) of this Development Code. There shall be no time limit within which the Approving Authority must act on a legislative action. c. The Approving Authority's action shall be final and conclusive.

6. Effective Date of Approving Authority Action. A legislative approval granted by resolution is effective immediately upon adoption of the numbered resolution by the City Council. A legislative approval granted by ordinance is effective 30 days following the date of adoption of the ordinance by the Approving Authority.

B. Discretionary Permits and Actions. The Advisory, Approving, and Appeal Authorities for discretionary permits and actions are established by Table 2.02-1 (Review Matrix) of this Division. Unless otherwise stipulated by Division 4.02 (Discretionary Permits and Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a discretionary permit or action is as follows:

1. Initial Review for Application Completeness. Applications requesting discretionary permits and/or actions shall be initially reviewed for application completeness and acceptance, as follows:

a. Review for Application Completeness.

(1) Within 30 days following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. If the

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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.

(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.

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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 2.021 (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:

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

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

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(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;

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

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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.

a. A vesting tentative map shall become invalid if not exercised within the time limits specified by Paragraph A.3 (Tentative Subdivision Map), above.

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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

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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.

ccupancy 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.

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.

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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.

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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.

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