HomeMy WebLinkAbout12-21 - Resolutions RESOLUTION NO.12-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF
THE COOPERATIVE AGREEMENT FOR ESTABLISHING THE ONTARIO
INTERNATIONAL AIRPORT-INTER AGENCY COLLABORATIVE(ONT-IAC)
TO ESTABLISH A COOPERATIVE PROCESS AND PARTNERSHIP IN
ORDER TO IMPLEMENT THE GOALS AND POLICES OF THE LA/ONT
AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP); AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for DRC2010-00157,the LA/Ontario
International Airport Land Use Compatibility Plan(ALUCP). The ALUCP requires that an associated
Cooperative Agreement be adopted in order for the City of Rancho Cucamonga to implement the
goals and policies of the ALUCP, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Cooperative Agreement for establishing the Ontario International Airport
Inter Agency Collaborative (ONT-IAC) is referred to as "the application."
2. The City of Ontario's Resolution No. 95-34 established the City of Ontario as the
responsible agency for land use compatibility planning for the LA/ONT International Airport.
3. The primary purpose of the Cooperative Agreement for the ALUCP is to establish a
cooperative process and partnership to implement the goals and policies of the ALUCP in order to
promote land use compatibility between the LA/ONT International Airport and the land uses within
the Airport Influence Area (AIA) from associated impacts from aircraft operations, such as safety,
noise, airspace protection and overflight notification.
4. The City of Rancho Cucamonga is within the AIA that will be affected by aircraft
operations as described in the Simplified Airport Diagram for the LA/Ontario International Airport.
5. On February 22, 2011, the City of Ontario Planning Commission conducted a public
hearing to consider the Negative Declaration and the ALUCP and continued said hearing to
March 22, 2011.
6. On March 22, 2011, the City of Ontario Planning Commission conducted a public
hearing to consider the Negative Declaration and the ALUCP and concluded said hearing on that
date. The City of Ontario Planning Commission adopted its Resolution PC11-018, recommending
approval of the 2011 LA/Ontario International Airport Land Use Compatibility Plan to the Ontario City
Council.
7. On April 5, 2011, the Ontario City Council conducted a public hearing to consider the
Negative Declaration and the ALUCP and introduced Ordinance No. 2935.
8. On April 19, 2011, the Ontario City Council adopted a Negative Declaration and
approved the ALUCP by adopting Ordinance No. 2935.
9. On May 9, 2012,the Planning Commission of the City of Rancho Cucamonga conducted
a noticed public hearing on the application and concluded said hearing on that date.
10. All legal prerequisites prior to the adoption of this Resolution have occurred.
PLANNING COMMISSION RESOLUTION NO. 12-21
LA/ONT COOPERATIVE AGREEMENT TO ESTABLISH THE ONT-IAC (DRC2010-00157) -
CITY OF RANCHO CUCAMONGA
May 9, 2012
Page 2
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing on May 9, 2012, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property located within the City; and
b. An Initial Study was prepared for the LA/Ontario International Airport Land Use
Compatibility Plan and the associated Cooperative Agreement and the Initial Study finds that all
environmental impacts from the LA/Ontario International Airport Land Use Compatibility Plan and
the Cooperative Agreement are either of no impact or less-than-significant impact; therefore, the
adoption of the Cooperative Agreement will not have a significant impact on the environment; and
C. The City of Rancho Cucamonga is within the Airport Influence Area of Ontario
International Airport; and
d. Pursuant to Public Utilities Code Section 216..70.1(c), in order to protect the public,
health, safety and welfare, it is necessary for each agency within an Airport Influence Area that has
an adopted Airport Land Use Compatibility Plan prepared by the lead agency (City of Ontario) to
adopt and implement the Airport Land Use Compatibility Plan and the associated Cooperative
Agreement to establish the Ontario International Airport Inter Agency Collaborative(ONT-IAC); and
e. Adopting the Cooperative Agreement for the ONT—IAC will ensure airport safety,
promote compatible land planning, establish a cooperative process and partnership to comply with
State Law for the Alternative Process, thereby implementing the goals and policies of the ALUCP;
and
3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1
and 2 above, this Commission hereby finds and concludes as follows:
a. The adoption of the Cooperative Agreement to establish the Ontario International
Airport Inter Agency Collaborative (ONT-IAC) does promote the Land Use Policies and
Implementation Actions of the General Plan and will provide for logical and orderly development of
the built environment by providing a document that will establish a cooperative process for agencies
within the LA/ONT Airport Influence Area to ensure aircraft safety and land use compatibility
planning around the LA/ONT Airport and the future runway expansion; and
b. The adoption of the Cooperative Agreement to establish the (ONT-IAC) does
promote the goals and objectives of the Development Code by ensuring that future development
with the Airport Influence Area will adhere to an orderly review process. This review process will
ensure that development will not detrimentally impact aircraft operations or be a physical hazard to
aircraft arriving or departing from LA/Ontario International Airport when the future runway expansion
occurs; and
PLANNING COMMISSION RESOLUTION NO. 12-21
LA/ONT COOPERATIVE AGREEMENT TO ESTABLISH THE ONT-IAC (DRC2010-00157) -
CITY OF RANCHO CUCAMONGA
May 9, 2012
Page 3
C. The adoption of the Cooperative Agreement to establish the (ONT-IAC)will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity. The Cooperative Agreement will promote the public, health, safety
and welfare by providing a multi-agency partnership that ensures that airspace and aircraft
operations at LA/ONT are protected from hazards; and
d. The adoption of the Cooperative Agreement does promote the goals and objectives
of the Development Code by providing a streamlined but orderly process by which local agencies
submit project reviews in order to ensure that development within the Airport Influence Area is
compliant with the LA/Ontario International Airport Land Use Compatibility Plan; and
e. The adoption of the Cooperative Agreement is required for municipalities within
the Airport Influence Area to comply with the State Law provisions of the Alternative Process.
4. Based upon the facts and information contained in the proposed Negative Declaration,
together with all written and oral reports included for the environmental assessment for the
application, the Planning Commission finds that there is no substantial evidence that the adoption of
the Cooperative Agreement (hereinafter in paragraph 4, the subject Cooperative Agreement is
referred to as"the project")will have a significant effect upon the environment and recommends that
the City Council adopt a Negative Declaration based upon the findings as follows:
a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local
CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the
project. Based on the findings contained in that Initial Study, City staff determined that there was
no substantial evidence that the project would have a significant effect on the environment. Based
on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided
public notice of the public comment period and of the intent to adopt the Negative Declaration.
b. The Planning Commission has reviewed the Negative Declaration and all
comments received regarding the Negative Declaration, and based on the whole record before it,
finds: (i)that the Negative Declaration was prepared in compliance with CEQA; and (ii)that there is
no substantial evidence that the project will have a significant effect on the environment. The
Planning Commission further finds that the Negative Declaration reflects the independent judgment
and analysis of the Planning Commission. Based on these findings, the Planning Commission
hereby recommends that the City Council adopt the Negative Declaration.
C. The custodian of the records for the Initial Study, Negative Declaration, and all
other materials which constitute the record of proceedings upon which the Planning Commission's
decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are
available for public review in the Planning Department of the City of Rancho Cucamonga located at
10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends adoption of the Cooperative Agreement to establish the
Ontario International Airport Inter Agency Collaborative (ONT-IAC) as described in the Draft City
Council Resolution shown as Attachment A by adoption of this Resolution.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
PLANNING COMMISSION RESOLUTION NO. 12-21
LA/ONT COOPERATIVE AGREEMENT TO ESTABLISH THE ONT-IAC (DRC2010-00157) -
CITY OF RANCHO CUCAMONGA
May 9, 2012
Page 4
APPROVED AND ADOPTED THIS 9TH DAY OF 2012.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: , (;
Luis Munoz, Jr., Chair an
ATTEST:
Candyc Burnett, Senior Planner
I, Candyce Burnett, Senior Planner, of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning
Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission
held on the 9th day May 2012, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
RESOLUTION NO.
A RESOLUTION OF THE RANCHO CUCAMONGA CITY
COUNCIL ADOPTING THE COOPERATIVE AGREEMENT
FOR ESTABLISHING THE ONTARIO INTERNATIONAL
AIRPORT - INTER AGENCY COLLABORATIVE (ONT-IAC)
TO ESTABLISH A COOPERATIVE PROCESS AND
PARTNERSHIP IN ORDER TO IMPLEMENT THE GOALS
AND POLICES OF THE LA/ONT AIRPORT LAND USE
COMPATIBILITY PLAN (ALUCP); AND MAKING FINDINGS
IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for DRC2010-00157,the LA/Ontario
International Airport Land Use Compatibility Plan(ALUCP). The ALUCP requires that an associated
Cooperative Agreement be adopted in order for the City of Rancho Cucamonga to implement the
goals and policies of the ALUCP, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Cooperative Agreement for establishing the Ontario International Airport
Inter Agency Collaborative (ONT-IAC) is referred to as "the application."
2. The City of Ontario's Resolution No. 95-34 established the City of Ontario as the
responsible agency for land use compatibility planning for the LA/ONT International Airport.
3. The primary purpose the Cooperative Agreement for the ALUCP is to establish a
cooperative process and partnership to implement the goals and policies of the ALUCP in order to
promote land use compatibility between the LA/ONT International Airport and the land uses within
the Airport Influence Area (AIA) from associated impacts from aircraft operations, such as safety,
noise, airspace protection and overflight notification.
4. The City of Rancho Cucamonga is within the AIA that will be affected by aircraft
operations as described in the Simplified Airport Diagram for the LA/Ontario International Airport.
5. On February 22, 2011, the City of Ontario Planning Commission conducted a public
hearing to consider the Negative Declaration and the ALUCP and continued said hearing to
March 22, 2011.
6. On March 22, 2011, the City of Ontario Planning Commission conducted a public hearing
to consider the Negative Declaration and the ALUCP and concluded said hearing on that date. The
City of Ontario Planning Commission adopted its Resolution PC11-018, recommending approval of
the LA/Ontario International Airport Land Use Compatibility Plan to the Ontario City Council.
7. On April 5, 2011, the Ontario City Council conducted a public hearing to consider the
Negative Declaration and the ALUCP and introduced Ordinance No. 2935.
8. On April 19, 2011, the Ontario City Council adopted a Negative Declaration and
approved the 2011 LA/ONT ALUCP by adopting Ordinance No. 2935.
9. On May 9, 2012,the Planning Commission of the City of Rancho Cucamonga conducted
a noticed public hearing on the application and concluded said hearing on that date. Following the
hearing, the Planning Commission adopted its Resolution 12-21, recommending adoption of the
application.
Attachment A
CITY COUNCIL RESOLUTION NO.
June 6, 2012
Page 2
10. On June 6, 2012, the City Council of the City of Rancho Cucamonga conducted a noticed
public hearing on LA/Ontario International Airport Land Use Compatibility Plan and associated
Cooperative Agreement for the ONT— IAC and concluded said hearing on that date.
11. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
1. This City Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Ordinance are true and correct.
2. Based upon the substantial evidence presented to the City Council during the
above-referenced public hearing on June 6, 2012, including written and oral staff reports, together
with public testimony, the City Council hereby specifically finds as follows:
a. The application applies to the property located within the City; and
b. An Initial Study was prepared for the LA/Ontario International Airport Land Use
Compatibility Plan and the associated Cooperative Agreement and the Initial Study finds that all
environmental impacts from the LA/Ontario International Airport Land Use Compatibility Plan and
the Cooperative Agreement are either of no impact or less-than-significant impact; therefore, the
adoption of the Cooperative Agreement will not have a significant impact on the environment; and
C. The City of Rancho Cucamonga is within the Airport Influence Area of Ontario
International Airport; and
d. Pursuant to Public Utilities Code Section 21670.1(c), in order to protect the public,
health, safety and welfare, it is necessary for each agency within an Airport Influence Area that has
an adopted Airport Land Use Compatibility Plan prepared by the lead agency (City of Ontario) to
adopt and implement the Airport Land Use Compatibility Plan and the associated Cooperative
Agreement; and
e. Adopting the Cooperative Agreement for the ONT—IAC will ensure airport safety,
promote compatible land planning, establish a cooperative process and partnership to comply with
State Law for the Alternative Process, thereby implementing the goals and policies of the ALUCP;
and
3. Based upon the substantial evidence presented to the City Council during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1
and 2 above, the City Council hereby finds and concludes as follows:
a. The adoption of the Cooperative Agreement to establish the Ontario International
Airport Inter Agency Collaborative (ONT-IAC) does promote the Land Use Policies and
Implementation Actions of the General Plan and will provide for logical and orderly development of
the built environment by providing a document that will establish a cooperative process for agencies
within the LA/ONT Airport Influence Area to ensure aircraft safety and land use compatibility
planning around the LA/ONT Airport and the future runway expansion; and
b. The adoption of the Cooperative Agreement to establish the (ONT-IAC) does
promote the goals and objectives of the Development Code by ensuring that future development
with the Airport Influence Area will adhere to an orderly review process. This review process will
CITY COUNCIL RESOLUTION NO.
June 6, 2012
Page 3
ensure that development will not detrimentally impact aircraft operations or be a physical hazard to
aircraft arriving or departing from LA/Ontario International Airportwhen the future runway expansion
occurs; and
C. The adoption of the Cooperative Agreement to establish the (ONT-IAC)will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity. The Cooperative Agreement will promote the public, health, safety
and welfare by providing a multi-agency partnership that ensures that airspace and aircraft
operations at LA/ONT are protected from hazards; and
d. The adoption of the Cooperative Agreement does promote the goals and objectives
of the Development Code by providing a streamlined but orderly process by which local agencies
submit project reviews in order to ensure that development within the Airport Influence Area is
compliant with the LA/Ontario International Airport Land Use Compatibility Plan; and
e. The adoption of the Cooperative Agreement is required for municipalities within the
Airport Influence Area to comply with the State Law provisions of the Alternative Process.
4. Based upon the facts and information contained in the proposed Negative Declaration,
together with all written and oral reports included for the environmental assessment for the
application, the City Council finds that there is no substantial evidence that the adoption of the
Cooperative Agreement(hereinafter in paragraph 4, the subject Cooperative Agreement is referred
to as "the project") will have a significant effect upon the environment and adopts a Negative
Declaration based upon the findings as follows:
a. Pursuant to the California Environmental Quality Act("CEQX) and the City's local
CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the
project. Based on the findings contained in that Initial Study, City staff determined that there was no
substantial evidence that the project would have a significant effect on the environment. Based on
that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public
notice of the public comment period and of the intent to adopt the Negative Declaration.
b. The City Council has reviewed the Negative Declaration and all comments received
regarding the Negative Declaration, and based on the whole record before it, finds: (i) that the
Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial
evidence that the project will have a significant effect on the environment. The City Council further
finds that the Negative Declaration reflects the independent judgment and analysis of the City
Council. Based on these findings, the City Council adopts the Negative Declaration.
C. The custodian of the records for the Initial Study, Negative Declaration, and all
other materials which constitute the record of proceedings upon which the City Council's decision is
based is the Planning Director of the City of Rancho Cucamonga. Those documents are available
for public review in the Planning Department of the City of Rancho Cucamonga located at
10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above
and upon the substantial evidence presented to the City Council during the above-referenced public
hearing on June 6, 2012, including written and oral staff reports,together with public testimony, and
the recommendation from the Planning Commission, the City Council hereby adopts the
Cooperative Agreement to establish the Ontario International Airport Inter Agency Collaborative
(ONT-IAC) by adoption of this Resolution.
CITY COUNCIL RESOLUTION NO.
June 6, 2012
Page 4
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the
City of Rancho Cucamonga as follows:
The Cooperative Agreement for the Ontario International Airport Inter Agency Collaborative
(ONT-IAC)for the LA/ONT ALUCP (DRC2010-00157)shall be available for public inspection at the
Rancho Cucamonga City Hall, at the Planning Department, 10500 Civic Center Drive, Rancho
Cucamonga, California 91730.
6. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 6TH DAY OF JUNE 2012.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of
the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 6`"day of June
2012, by the following vote-to-wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Rancho Cucamonga
COOPERATIVE AGREEMENT FOR ESTABLISHING THE
ONTARIO INTERNATIONAL AIRPORT - INTER AGENCY COLLABORATIVE
FOR AIRPORT LAND USE COMPATIBILITY PLANNING
This Cooperative Agreement (Agreement) is entered into by and among the City of Chino, City of
Fontana, City of Montclair, City of Ontario, City of Rancho Cucamonga, City of Upland and San
Bernardino County in order to establish a cooperative process and partnership for Airport Land Use
Compatibility Planning for Ontario International Airport (ONT) and comply with State Law provisions of
the Alternative Process'(Public Utilities Code Section 21670.1(c)(2)).
I. PURPOSE
The purpose of this Agreement is to maintain local jurisdictional control of land use planning for
areas within the Airport Influence Area (AIA)2 of ONT, amend the existing Alternative Process to
include participation of Affected Agencies' and establish the "Ontario International Airport —
Inter Agency Collaborative (ONT- IAC)".
II. BACKGROUND
The California State Aeronautics Act (Public Utilities Code, Section 21670 et. seq.) requires that
an Airport Land Use Compatibility Plan (ALUCP) be prepared for all public-use airports with a
minimum 20-year horizon taking into consideration regional growth projections and future
airport expansion plans. The ALUCP is intended to address future land uses and development
and does not place any restrictions on the present and future role, configuration or use of ONT.
State law requires local land use plans and individual development proposals to be consistent
with the ALUCP. In most counties, an Airport Land Use Commission (ALUC) is established and
responsible for preparing an ALUCP for all airports within the county, including those located
within the political boundaries of cities. The ALUC also establishes an AIA for each airport and
evaluates projects for consistency with an ALUCP. State law allows local jurisdictions within San
Bernardino County to be responsible for airport land use compatibility planning under the
"Alternative Process" in place of a county administered ALUC. Under the provisions of the
Alternative Process the City of Ontario is the designated agency having responsibility for airport
compatibility planning for ONT and is required to do the following pursuant to State Law:
1) Adopt processes for the preparation, adoption, and amendment of the ONT ALUCP;
'Alternative Process—County Board of Supervisors and each affected city must individually determine that proper airport land
use compatibility planning in the county can be accomplished without the formation of an Airport Land Use Commission
(ALUC). ,
' Airport Influence Area —An area in which current or future airport-related noise, overflight, safety or airspace protection
factors may significantly affect land uses or necessitate restriction on those uses as delineated in Exhibit 1—ONT AIA.
3 Affected Agency—Any county,city,or special district having lands within the ONT AIA,
Page 1
Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
2) Adopt processes for the notification of the general public, landowners, interested groups,
and other public agencies regarding the preparation, adoption, and amendment of the ONT
ALUCP;
3) Adopt processes for the mediation of disputes arising from the preparation, adoption,
implementation and amendment of the ONT ALUCP; and
4) Adopt processes for the amendment of general plans, specific plans and major land use
actions to be consistent with the ONT ALUCP.
A Technical Advisory Committee (TAC) was established for the preparation of the ONT ALUCP.
The TAC consisted of representatives from the cities of Chino, Fontana, Montclair, Ontario,
Rancho Cucamonga, Upland and counties of San Bernardino and Riverside in conjunction with
representatives from the Federal Aviation Administration (FAA), Los Angeles World Airports
(LAWA) and California Department of Transportation (Caltrans) Division of Aeronautics. The
ONT ALUCP was adopted by Ontario's City Council on April 19, 2011 (Ordinance No. 2935).
The ONT ALUCP contains the ONT-IAC operational framework and identifies three framework
components: 1) a technical group (ONT-IAC Technical Staff Group) comprised of senior staff
members from the Affected Agencies to review projects for consistency with the ALUCP; 2) an
appeals body (ONT-IAC Mediation Board) to resolve consistency evaluation disputes; and 3) an
administrative function managed by the City of Ontario.
III. RESPONSIBILITIES OF PARTICIPATING AGENCIES
3.1. ADOPTION OF THE ONT ALUCP: Public Utilities Code section 21670.1(c) mandates that
Participating Agencies," in compliance with all applicable provisions of State Law, adopt
the ONT ALUCP or specific policies that apply to their portions of the ONT AIA.
Participating Agencies are also required to, in compliance with all applicable provisions
of State Law, modify their respective general plans, specific plans, zoning ordinances
and other land use policy documents to be consistent with the compatibility policies and
criteria set forth in the ONT ALUCP.
3.2. ONT-IAC NOTIFICATION PROCESS: Each Participating Agency is required to prepare
consistency evaluations for proposed Major Land Use Actions (Table 2-1 of the ONT
ALUCP) within their portion of the ONT AIA and submit the evaluations to the City of
Ontario. The City of Ontario is then responsible for distributing these consistency
evaluations to other Participating Agencies for comment in accordance with the
timelines and procedures set forth in Section 7 below.
Participating Agency—The agencies participating in this Agreement(San Bernardino County and the Cities of
Chino,Fontana, Montclair,Ontario, Rancho Cucamonga and Upland).The County of San Bernardino and Affected
cities within the ONT AIA are required to participate in this Agreement to maintain and continue to be an
Alternative Process County.
Page 2
Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
3.3. CONSISTENCY FINDINGS FOR PROJECTS WITHIN THE ONT AIA: Proposed projects that
are within the ONT AIA but are not Major Land Use Actions are also subject to the ONT
ALUCP. Participating Agencies are required to use the ONT ALUCP to evaluate proposed
projects in accordance with the specific safety, noise, airspace protection and overflight
policies that apply. Each Participating Agency shall be responsible for including a
consistency finding within its staff reports/resolutions for projects within the ONT AIA,
stating the following or its equivalent: The proposed project is located within the
Airport Influence Area of Ontario International Airport and has been evaluated and is
consistent with the policies and criteria set forth within the ONT Airport Land Use
Compatibility Plan.
3.4. PUBLIC NOTICING REQUIREMENTS: Any proposed project located within the AIA that is
discretionary and requires public hearing notification pursuant to state and/or local law
shall include the following statement or its equivalent: "The proposed project is located
within the Airport Influence Area of Ontario International Airport and has been
evaluated and is consistent with the policies and criteria set forth within the Airport
Land Use Compatibility Plan."
IV. ONT-IAC TECHNICAL STAFF GROUP
4.1. MEMBERSHIP APPOINTMENT: The City Manager or County Chief Executive Officer of
each Participating Agency shall appoint a designee to represent its agency on the ONT-
IAC Technical Staff Groups and submit this information to the City of Ontario, Planning
Department. Members or their designees, should be middle managers or higher within
their respective organization (i.e. Director, Assistant Director, Manager, Principal
Planner, or as determined by each jurisdiction).
4.2. MEMBERSHIP COMPOSITION AND RESPONSIBILITIES: Members shall consist of one
representative from each Participating Agency. Each member shall be responsible for
participating in the ONT-IAC Notification Process and make comments on a Submitting
Agency'S6 consistency evaluation within 20 calendar days of the date of notification.
6 ONT-IAC Technical Staff Group—A middle manager(i.e. Director,Assistant Director, Manager, Principal Planner
or the equivalent)staff member from each Participating Agency appointed by the City Manager or Chief Executive
Officer who will be responsible for participating in the ONT-IAC Notification Process.
6 Submitting Agency—The Participating Agency that is submitting the Project Comment Worksheet to the City of
Ontario Planning Department for distribution to the other agencies.
Page 3
Ontario International Airport–Inter Agency Collaborative Cooperative Agreement
V. ONT-IAC MEDIATION BOARD
5.1. FUNCTION OF ONT-IAC MEDIATION BOARD: The ONT-IAC Mediation Board is an
official voting body established to formally hear disputes that are not resolved at the
Technical Staff Group level. The ONT-IAC Mediation Board only reviews matters
appealed to it by Affected Agencies.
5.2. ONT-IAC MEDIATION BOARD MEMBERSHIP: The ONT-IAC Mediation Board shall be
comprised of elected or appointed officials of the Participating Agencies as outlined
below and two members representing the public. The members representing the
Participating Agencies should have land use, planning, and/or public hearing experience.
Members of the ONT-IAC Mediation Board shall be appointed as follows:
a. City of Ontario: Two members representing the City of Ontario, appointed by the
Ontario City Council.
b. LAWA: One member representing LAWA, (the LA/Ontario International Airport
Manager(Executive Director or his Designee).
c. Public: Two public representatives (at least one having aviation expertise),
appointed by the Ontario City Council with recommendations from the other
Participating Agencies.
d. Other Participating Agency: Two members representing the Participating Agency
within whose jurisdiction the disputed project is located, appointed by the
Participating Agency's governing body (City Council or Board of Supervisors). If the
disputed project is located within the City of Ontario the ONT-IAC Mediation Board
for the disputed project shall consist of a five-member board comprised of
individuals identified pursuant to subsections(a)–(c)of this Section 5.2.
5.3. ONT-IAC MEDIATION BOARD DECISIONS: When acting upon a disputed action (e.g., a
consistency evaluation or the preparation, adoption or amendment of the ALUCP) the
ONT-IAC Mediation Board shall follow the City of Ontario procedures for public
hearings, and include, at a minimum:
a. Holding a noticed public hearing on the action under consideration.
b. Providing the opportunity for public input.
c. Issuing formal findings on the disputed action.
d. Making decisions by majority vote of the quorum.
5.4. PROJECTS SUBJECT TO THE MEDIATION DISPUTE PROCESS: State law pertaining to the
Alternative Process requires that a process be established for"the mediation of disputes
arising from the preparation, adoption, and amendment" of an airport land use
compatibility plan (Public Utilities Code Section 21670.1(c)(2)(C)). The mediation
process outlined in this Agreement shall also apply to any disputes that may arise in
connection with certain land use actions of Participating Agencies—specifically, general
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Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
plan amendments, zoning ordinance modifications, airport development plans, or other
major land use actions that relate to the AIA.
5.5. CONVENING THE ONT-IAC MEDIATION BOARD: The ONT-IAC Mediation Board shall
convene on an as needed basis, to resolve disputed matters brought to it by an Affected
Agency. Meetings shall be convened within 30 calendar days from the date the Affected
Agency requests in writing a ONT-IAC Mediation Board Hearing date to resolve a
dispute. Additionally, the ONT-IAC Mediation Board shall convene once per calendar
year to receive an ALUCP Annual Report' from the Ontario Planning Department. All
meetings of the Mediation Board will be administered by the City of Ontario and shall be
publicly noticed consistent with the City of Ontario's public hearing procedures. The
Participating Agency with the dispute may elect to hold the Mediation Board Hearing at
their respective jurisdictions facilities but would be responsible for incurring the costs
associated with holding a public hearing at that location.
5.6. ONT-IAC MEDIATION BOARD ACTIONS FOR NON-AIRPORT PROJECTS: When deciding
whether a proposed project is consistent with the ALUCP, the ONT-IAC Mediation Board
has three possible actions:
a. Consistent—Find that the proposed project is consistent with the ONT ALUCP.
b. Conditionally Consistent—Find that the proposed project is consistent with the ONT
ALUCP subject to specified conditions or modifications.
c. Inconsistent—Find that the proposed project is inconsistent with the ONT ALUCP.
5.7. ONT-IAC MEDIATION BOARD ACTIONS FOR AIRPORT PROPOSALSB: When making
consistency determinations on a proposed planning and/or development action
pertaining to ONT,the ONT-IAC Mediation Board has four possible actions:
a. Consistent—Find that the airport proposal is consistent with the ONT ALUCP.
b. Conditionally Consistent—Find that the airport proposal is consistent with the ONT
ALUCP subject to specified conditions or limitations on the airport plans or use.
c. Inconsistent—Find that the airport proposal is inconsistent with the ONT ALUCP.
d. Consistent Upon ALUCP Revision—Modify the ONT ALUCP (after duly noticed public
hearing by the Ontario City Council) to reflect the assumptions and proposals in the
airport plan—thereby making the airport proposal consistent.
5.8. OVERRIDING CONSIDERATIONS: The compatibility criteria set forth in the ALUCP are
intended to be applicable to all locations within the ONT AIA. However, there may be
7 ALUCP Annual Report—Identifies activity within the ONT AIA over the calendar year providing the following
information: number of Project Comment Worksheets,Avigation easements,Consistency Determinations,
Disputed Major Land Use Actions and Discretionary Approvals within the ONT AIA.
8 Airport Proposals—Are defined within the ONT ALUCP Section 2.2 of Chapter 2 and fall under three categories
Airport Plans(Airport Master Plan or Airport Layout Plan),Aviation Related Development Proposals and Non-
Aviation Related Development Proposals.
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Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
specific situations where a normally incompatible use can be considered compatible
because of terrain, specific location, or other extraordinary factors or circumstances
related to the site. After due consideration of all the factors involved in such situations,
the ONT-IAC Mediation Board may find an otherwise incompatible use to be acceptable.
In reaching such a decision, the ONT-IAC Mediation Board shall document the nature of
the extraordinary circumstances that warrant the policy exception if it can make the
following specific findings:
a. That the proposed project will neither create a safety hazard to people on the
ground or aircraft in flight nor result in excessive noise exposure for the future
occupants of the proposed use.
b. That the granting of a policy exception is site specific and shall not be generalized to
include other sites.
5.9. OVERRULING ONT-IAC MEDIATION BOARD DECISIONS: If the ONT-IAC Mediation Board
determines that a proposed project is inconsistent with the ONT ALUCP, the Submitting
Agency shall be notified and the governing body of that agency has the option under
state law to overrule the Mediation Board's decision. The agency must make specific
findings that the proposed local action is consistent with the purposes of Article 3.5 of
the California Public Utilities Code, as stated in Section 21670. Such findings may not be
adopted as a matter of opinion, but must be supported by substantial evidence.
Specifically, the governing body of the Submitting Agency must make specific findings
that the proposed project will not:
a. Impair the orderly, planned expansion of ONT; or adversely affect the utility or
capacity of ONT(such as by reducing instrument approach procedure minimums).
b. Expose the public to excessive noise and safety hazards.
5.10. OVERRULING NOTIFICATION AND VOTING REQUIREMENTS:
a. The Submitting Agency must provide a copy of the proposed decision and findings
to overrule the ONT-IAC Mediation Board 45 days prior to the hearing date, to the
Participating Agencies and Caltrans Division of Aeronautics, as required by State law
(Public Utilities Code Section 21676).
b. The governing body of the Submitting Agency must hold a public hearing prior to
making a decision to overrule the consistency determination of the ONT-IAC
Mediation Board. The public hearing shall be noticed consistent with the Submitting
Agency's established procedures.
c. A decision by the governing body of the Submitting Agency to overrule the ONT-IAC
Mediation Board must be made by a vote of at least two-thirds of the Submitting
Agency's body's members.
d. The Submitting Agency must include any comments received from the public, any
Affected Agency, ONT-IAC Mediation Board, Caltrans Division of Aeronautics, and
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Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
the FAA in the public record of any final decision to overrule the ONT-IAC Mediation
Board.
VI. ONT-IAC ADMINISTRATION
6.1. PREPARATION AND ADOPTION OF THE ONT ALUCP: The City of Ontario is the lead
agency responsible for preparing the ONT ALUCP and any amendments that may
subsequently be proposed. The City of Ontario shall also be responsible for coordinating
these efforts with Affected Agencies. Affected Agencies are responsible for maintaining
consistency between the ONT ALUCP and the Affected Agency's General Plan, Specific
Plans, Zoning Code and other relevant land use planning documents.
6.2. ONT-IAC MEDIATION BOARD GENERAL ADMINISTRATION: The City of Ontario shall
perform general administrative duties for the Mediation Board including, but not limited
to:
a. Arranging meeting places and schedules, preparing agendas, and recording meeting
minutes.
b. Issuing required public notices for meetings of the ONT-IAC Mediation Board.
c. Providing an annual report to the ONT-IAC Mediation Board and Caltrans Division of
Aeronautics on the compatibility planning actions reviewed over the course of the
year.
6.3. Administration of the ONT Inter-Agency Notification Process: The City of Ontario shall
coordinate with and assist Affected Agencies with implementing the relevant policies of
the ONT ALUCP by:
a. Developing, maintaining and distributing the Project Comment Worksheet (Exhibit 2
—Sample Project Comment Worksheet),when necessary;
b. Providing Affected Agencies with technical information and guidance regarding
compatibility planning issues;
c. Serving as a clearinghouse for major airport and land use actions within the ONT AIA
and proposed on-site airport development;
d. Reviewing proposed major airport and land use actions for consistency with the
policies set forth in the ONT ALUCP and preparing written consistency evaluations
for transmittal to applicable Affected Agencies;
e. Soliciting input and comments from the FAA, Caltrans Division of Aeronautics, pilot
groups, and others regarding compatibility planning matters,when necessary; and
f. Encouraging Los Angeles and Riverside Counties to adopt compatibility planning
policies and criteria for the portions of the ONT AIA located within their respective
jurisdictions.
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Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
VII. ONT-IAC PROJECT NOTIFICATION PROCESS
7.1. PARTICIPANTS: Each Affected Agency and LAWA shall participate in the ONT-IAC
Project Notification Process for the purposes of providing technical assistance,
information and oversight for the implementation of the ONT ALUCP. Participating
Agencies required to participate in the Inter-Agency Notification Process include LAWA
and the Cities of Ontario, Chino, Fontana, Montclair, Rancho Cucamonga, Upland and
the County of San Bernardino.
7.2. PROJECT REVIEW PROCESS: The ONT-IAC Project Notification Process includes the
steps listed below.
a. For each Major Land Use Action (project) located within the AIA, the Submitting
Agency shall complete a Project Comment Worksheet' and forward it to the City of
Ontario for forwarding to Affected Agencies. The Worksheet shall contain sufficient
project details to enable Affected Agencies to comment upon. the project's
consistency with the ONT ALUCP.
b. Commenting Agencies10 will have 20 calendar days to review and comment on the
Submitting Agency's Project Comment Worksheet. Agencies that do not respond
within the 20-day period would be deemed to have no comments and to be in
agreement with the Submitting Agency's consistency evaluation. Commenting
Agencies shall limit their comments to issues related to the project's consistency
with the ONT ALUCP and forward their comments electronically to the City of
Ontario, Planning Department.
c. If the Submitting Agency disagrees with the comments received on the Project
Comment Worksheet, staff of the Submitting Agency is encouraged to collaborate
with staff of the Commenting Agency and/or Commenting Agencies to seek
solutions that will bring the project into voluntary compliance with the ONT ALUCP.
If the proposed project is revised in response to comments received on the Project
Comment Worksheet, the Submitting Agency shall submit a revised Project
Comment Worksheet in the manner provided in subdivision (a). If disagreements
regarding consistency remain, the Submitting Agency or any Commenting Agency
may request an ONT-IAC Mediation Board hearing to mediate the dispute.
9 Project Comment Worksheet—An application that is filled out by the Submitting Agency containing project
details that enables Commenting Agencies to comment upon the project's consistency with the ONT ALUCP.A
sample of the Project Comment Worksheet is included as Exhibit 2 of this Agreement.
10 Commenting Agency—An Agency commenting upon a Submitting Agency's Project Comment Worksheet for a
project's consistency with the ONT ALUCP.
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Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
d. If no comments are submitted on the Project Comment Worksheet as provided in
subdivision (b), or if comments are resolved as provided in subdivision (c), the
Submitting Agency shall indicate in its own public notices that the project is within
the ONT AIA and has undergone a consistency evaluation and was found to be
consistent with the ONT ALUCP.
VIII. REFERENCING THE ONT ALUCP IN CEQA DOCUMENTS
The California Environmental Quality Act (CEQA) requires Affected Agencies to utilize the
California Airport Land Use Planning Handbook and the ONT ALUCP as a technical resource for
analyzing the environmental impacts of new projects located within the ONT AIA. Projects
situated within the ONT AIA should be evaluated to determine if the project would expose
people residing or working in the project area to excessive levels of airport-related noise or to
airport-related safety hazards (Public Resources Code Section 21096).
IX. DURATION OF AGREEMENT
The effective date of this Agreement is the date of Caltrans Division of Aeronautics approval.
This Agreement shall remain in effect unless and until such time as subsequent modifications
are requested and approved by each of the Participating Agencies. The Participating Agencies
include the County of San Bernardino and the Cities of Chino, Fontana, Montclair, Ontario,
Rancho Cucamonga and Upland.
X. AGREEMENT AMENDMENTS
Future amendments to this Agreement shall require approval by each of the Participating
Agencies requiring new signatures to the amendment. Amendments to this Agreement would
require Caltrans Division of Aeronautics approval for the amendment to be effective. Any of the
Participating Agencies can propose changes to this amendment at any time. The City of Ontario
is the agency responsible for administrating any changes to this amendment and coordinating
with all of the Participating Agencies. Changes made to Exhibit's 1 (ONT AIA) and 2 (Sample
Project Comment Worksheet) are not considered amendments of this Agreement and would not
require new approvals from Participating Agencies or Caltrans Division of Aeronautics.
XI. GIS DATA
The following GIS Data shall be submitted to the City of Ontario for the purposes of maintaining
the ONT ALUCP document: General Plan, Zoning, Specific Plan, City Limits, parcels, streets and
building footprints with height information for areas within the ONT AIA. GIS Data may vary
from jurisdiction to jurisdiction and the above list should be provided if data exists to assist with
maintaining accurate maps. GIS Data updates should be provided on an annual basis or when
amendments or changes occur such as a general plan amendment. The City of Ontario shall
Page 9
Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
provide Participating Agencies with ONT ALUCP shapefiles and basemap shapefiles and provide
annual updates of changes as needed.
XII. FEE SCHEDULE
A fee schedule may be adopted by the City of Ontario, with the consensus of the members of
the ONT-IAC; if adopted, such fees would be reviewed and negotiated annually for Major Land
Use Actions requiring public hearing and Mediation. No Fee Schedule has been proposed at the
commencement of the Agreement.
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Ontario International Airport—Inter Agency Collaborative Cooperative Agreement
SIGNATURES OF AGENCY OFFICIALS
City of Chino City of Rancho Cucamonga
Print Name: Print Name:
Title: Title:
Signature: Signature:
Date: Date:
City of Fontana San Bernardino County
Print Name:
Print Name:
Title:
Title:
Signature:
Signature:
Date:
Date:
City of Montclair City of Upland
Print Name: Print Name:
Title: Title:
Signature: Signature:
Date: Date:
City of Ontario
Print Name:
Title:
Signature:
Date:
Page 11
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Exhibit 1 - ONT ALUCP Airport Influence Area e
Legend
Future Runway Airport Influence Area Los Angeles County Prepared t
City of Ontario-Planning Department
— Y s FreewaY ExistingRunway i City Boundaries - Riverside County April io,2012
i._.._..
Streets Airport Property San Bernardino County
Exhibit 2
0�NT' Project Comment Worksheet
1-1 1' For Major Land Use Actions
° A�App..d; within the ONT Airport Influence Area
ALUCP File No.:
Date Received:
Distribution Date:
Cite of Ontario Airport Planner
Comment Due Date:
Name:
Submitting Agency:
Phone 7No.:Applicable Compatibly Factors: E-mail:Comments: Mailing
Site Address:
Name:
Assessors Parcel No.:
Existing Land Use: Phone No.:
Project File No.: E-mail:
Type of Major Land Use Action:
Mailing Address:
Major Land Use Action Description(Attach additional sheets if necessary):
Project �ind ALUCP Consisicocv loformaiioji (To be fillet[out 1,% Submittiog AE�cocy) Project Submittal Checklist
The proposed project is impacted by the following compatibility factors(check all that apply):
❑ Safety ❑ Noise ❑ Airspace Protection ❑ Overflight
❑ AIA project vicinity Map:A map depicting
the project site location in relationship to
❑ Zone 1 ❑ 75+dB CNEL ❑ High Terrain Zone ❑ Avigation Easement Area ONT.
El Zone 2 ❑ Site plan: Site boundaries and size;existing
❑ 70-75 dB CNEL ❑ Pierce Part 77uses that will remain;location of existing and
El Zone 3 Imaginary Surfaces El Recorded Overflight proposed structures,open spaces;ground
❑ 65-70 dB CNEL Notification Area elevations(above mean sea level)and eleva-
❑ Zone 4 ❑ Real Estate Transaction tons of tops of structures and trees;and plot
El 60-65dBCNEL Disclosure Area safety zones and noise contours.
LI Zone 5 ❑ Residential Uses:Number of dwelling units
Fill out the following if applicable(Attach additional sheets if necessary: per acre.
1. List the land uses proposed within each of the respective Safety Zone(s). El Non-residential uses:Floor area for each
type of proposed use.
❑ Intensity Calculation:Only applies to pro-
jecfs within the Safety Zones.
❑ Environmental Document:(initial study,draft
2. List the land uses proposed within each of the respective Noise Impact Zone(s). environmental impact report,etc.)if com-
pleted.
ornpleted.
❑ Additional information:If necessary addi-
tonal information requested by the affected
agency to enable a comprehensive review of
3. What is the proposed building/structure height(tallest feature)? tt. the proposed project.
4. Describe any project characteristics which could create electrical interference,confusing lights,glare, Cl City or Area wide Projects:Some projects
smoke or other electrical or visual hazards to aircraft in flight(attach additional sheets if necessary). may not have a specific location and the
above mentioned items may not appy and
maybe substituted with a detailed description.
Page i
ALUCP File No.:
Project and ALUCP Con6stency Informaii(in ('Fo lie filled out by Subniiiting Agency)
Describe any project features,during or following construction that would increase the attraction of birds or cause other wildlife hazards to aircraft operations. Such
features include,but are not limited to the following:open water areas,sediment ponds,retention basins,detention basins that hold water for more than 48 hours or
artificial wetlands.
State the Consistency Determination for the proposed project(attach additional sheets if necessary).
ONT-IAC Teclinical Staff Grotip Coninient, ('n,lie filled Otit i)v Participating Agencies) Par(icipating Agency
Is the Major Land Use Action as proposed consistent with the ALUCP? Yes❑ No❑
Name:
If no,can conditions be added to achieve consistency with the ALUCP(list conditions/attach additional Phone No.:
pages if needed)?
Yes❑ No❑ E-mail:
Mailing Address:
Would you like to meet with the other members of the ONT-IAC Technical Staff Group to discuss issues or concerns
with the proposed Major Land Use Action? Yes❑ No❑
Would you like to convene ONT-IAC Mediation Board to make a consistency Determination? Yes❑ No❑
Participating Agency(ies)agree with the Submitting Agency's Consistency Determination.
Yes❑ No❑
Participating Agency(ies)disagree with the Submitting Agency's Consistency Determination for the following reasons?
Does the proposed Major Land Use Action need to be revised to include changes and re-submit the Project Comment Worksheet reflecting changes?
Yes❑ No❑
Does the ONT-IAC Technical Staff Group need to meet and discuss the proposed Major Land Use Action?
Yes ❑ No❑
The ONT-IAC Mediation Board is needed to make a consistency Determination?
Yes❑ No❑
Additional Comments:
Page 2