Agenda packet — Ontario City Council, June 7, 2022 (part 3 of 3)

ATTACHMENT A:

DEVELOPMENT CODE AMENDMENT

PART I: Subparagraph B.2.c Development Code Section 2.02.025 (Time Limits and Extensions) shall be amended to read as follows:

“c. A discretionary permit or action may be granted Time Extensions in one-year increments, for a period or periods not to exceed a total of 5 years three one- year time extensions, excepting tentative subdivision maps, which shall be subject to the provisions of GC Section 66452.6.”

PART II: Subparagraph C.1.b(1) of Development Code Section 2.03.010 (Public Hearing Notification) shall be amended to read as follows:

“(1) For large family daycare facilities, the area of notification shall be within 100 FT of the exterior boundaries of the property that is the subject of the hearing For Minor Variances, the area of notification shall include all properties having a property line common with the affected property; and”

PART III: Subsection D (Minor V ariances) of Development Code Section 4.02.020 (Departures from Development Standards) shall be amended to read as follows:

D C.Minor Variances.

1. Purpose. Minor Variances Adjustments and Alterations, like Variances, are intended to allow for departures from the strict application of the numerical development standards established by this Development Code, when their strict application would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the development regulations. Minor Variances Adjustments and Alterations, however, are determined to have a lesser (minor) measure of impact than Variances, due to the limited measure of adjustment allowed; therefore, requiring a modified review process.

2. Applicability.

a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Minor Variances Adjustments and Alterations, and to impose reasonable conditions upon the approval of the application.

b. Minor Variances Adjustments and Alterations may be approved for:

339

Page 2 of 46 ends

(1) A reduction of up to 25 percent from minimum setback and separation requirements, excepting nonresiden tial setback requirements from property lines that are common with any residentially zoned property; or

(2) A 10 percent increase in the maximum height of structures.

c. A Minor Variances Adjustments and Alterations shall not be approved for reductions in minim um lot size, lot coverage, lot dimension, landscape coverage, parking requirements, or for an increase in maximum density or floor area ratio.

3. Application Filing, Processing and Hearing.

a. A Minor Variances Adjustments and Alterations shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

b. The applicant and the owners of all properties having a property line common with the affected property shall be notified of the proposed Minor Variances Adjustments and Alterations pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code. Furthermore, the notice shall state that a public hearing shall not be required unless requested by the applicant or an affected person.

c. A public hearing, if requested, shall be conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.

d. If no public hearing is requested, the Zoning Administrator shall approve, approve in modified form, or deny a Minor Variances Adjustments and Alterations no less than 10 days following distribution of the notice required by Subparagraph D C.3.b, above.

4. Findings and Decision . A Minor Variances Adjustments and Alterations shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

a. The strict or literal interpretation and enfor cement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code;

b. There are exceptional or extraordinary circumstanc es or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district;

340

Page 3 of 46 ends

c. The strict or literal interpretation and enforcement of the spec ified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;

d. The granting of the Minor Variances Adjustments and Alterations will not be detrimental to the public health, safety, or welf are, or be materially injurious to properties or improvements in the vicinity.

e. The proposed Minor Variances Adjustments and Alterations is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.

5. Conditions of Approval.

a. In approving a Minor Variance, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not resu lt in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

b. All cond itions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

PART IV: Development Code Section 4.02.080 (Minor Specific Plan Amendments) shall be amended to read as follows:

“4.02.080: Specific Plan Minor Amendments Adjustments and Alterations

A. Purpose. The purpose of this Section is to establish a procedure by which minor departures from the strict application of the developme nt standards and/or design guidelines established by a Specific Plan may be approved, provided the requested departure is in the interest of furthering the goals and policies of the affected Specific Plan and The Ontario Plan.

B. Applicability.

1. Pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Specific Plan Minor Amendment Adjustments and Alterations application, and to impose reasonable conditions upon the approval of the application. 341

Page 4 of 46 ends

2. The following constitute minor modifications adjustments and/or alterations, not requiring a Specific Plan Amendment and/or update of the affected specific plan:

a. A net change of not more than 15 percent to the number of units within an individual residential area, provided the total number of units for the entire specific plan area does not exceed that established in the affected specific plan;

b. Adjustment of a residential planning area boundary, provided th e total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;

c. Minor changes adjustments and/or alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan’s development standards and design guidelines;

d. Minor changes adjustments and/or alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation;

e. Other modifications adjustments and/or alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and

f. Adjustments in street alignments and dimensions that as deemed appropriate by the City Engineer, which are in keeping with the purpose and intent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, provided the changes do not impact the sizing of master planned infrastructure,

C. Application Filing, Processing and Hearing. A Specific Plan Minor Amendment application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.

D. Findings and Decision. A Specific Plan Minor Amendment Adjustment and/or Alteration shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below -listed findings cannot be clearly established.

342

Page 5 of 46 ends

1. The proposed Specific Plan Minor Amendment Adjustment and/or Alteration is consistent with the goals, pol icies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the specific plan;

2. The proposed Specific Plan Minor Amendment Adjustment and/or Alteration is reasonable and beneficial, and in the interest of good planning practice; and

3. The proposed Specific Plan Minor Amendment Adjustment and/or Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.”

PART V: Subsection C (Administrative Exceptions) of Development Code Section

“4.03.050: Administrative Exceptions

A. Purpose. The Administrative Exception is hereby established for the purpose of granting minor departures from the strict application of certain numerical development standards established by this Development Code, when the departure would result in superior site, landscape, or architectural design features that could not otherwise be incorporated into a development project under the strict application of the development standards contained in this Development Code.

B. Applicability.

a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Administrative Exception application, and to impose reasonable conditions upon the approval of the application.

b. Administrative Exceptions may be approved for reductions of up to 10 percent from:

(1) Minimum s etback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; and

(2) Off-street parking required for nonresidential land uses pursuant to Table 6.03-1 (Off-Street Parking Requirements).

343

Page 6 of 46 ends

c. An Administrative Exception shall not be approved for reductions from minimum lot size, lot dimensions, landscape coverage, or residential parking requirements, or for an increase in maximum density, floor area ratio, or the height of a structure.

C. Application Filing, Processing and Hearing.

1. An Administrative Exception shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

2. A hearing shall not be required; however, the owners of all properties having a property line common with the affected property shall be notified of the proposed Administrative Exception pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code and shall be invited to comment on the application.

D. Findings and Decision. An Administrative Exception shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and any comments received from property owners notified pursuant to Subparagraph C.3.b of this Section, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The approval of the Administrative Exception is necessary to the production of a comprehensive development, incorporating an enhance d environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement o f parking facilities, etc.) than would normally be possible under the strict application of the applicable development standards;

2. The approval of the Administrative Exception will allow for the inclusion of site, architectural, or landscape features that could not otherwise be incorporated into the design of the project under the strict application of the provisions of the applicable development standards; and

3. The approval of the Administrative Exception will not adversely affect the overall quality of development on the project site and will not adversely affect neighboring properties.

4. The proposed Administrative Exception is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable Specific Plan or Planned Unit Development, and the purposes of this Development Code.

344

Page 7 of 46 ends

E. Conditions of Approval.

1. In approving an Administrative Exception, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.”

PART VI: Development Code Section 4.02.035 (Fair Housing and Reasonable Accommodations) shall be rescinded and Development Code Section 4.03.055 (Fair Housing and Reasonable Accommodations) shall be added to read as follows:

“4.03.055: Fair Housing and Reasonable Accommodations

A. Purpose. Pursuant to Federal and State fair housing laws, the purpose of this Section is to provide a procedure whereby exceptions from specific applications of this Development Code may be considered and properly evaluated in order to assure that no person is discriminated against on the basis of r ace, color, religion, sex, sexual orientation, family status, marital status, disability, national origin, source of income, or ancestry, by being denied an equal opportunity to use and enjoy a dwelling.

B. Applicability.

1. Pursuant to Table 2.02 -1 (Review Ma trix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Fair Housing and Reasonable Accommodation application and to impose reasonable conditions upon the approval of the application.

2. The Approving Authority may approve reasonable exceptions from the provisions of this Development Code, except that a Fair Housing and Reasonable Accommodation request shall not be approved that would allow the establishment of a land use that would not other wise be allowed in the zoning district in which the affected property is located, or for increases in residential density.

C. Application Filing, Processing and Hearing. A Fair Housing and Reasonable Accommodation application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

345

Page 8 of 46 ends

D. Findings and Decision. A Fair Housing and Reasonable Accommodation request shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The persons who will use the subject property are protected under federal and state fair housing laws;

2. The requested exception is necessary to make specific housing available to a person who will occupy the subject property and who is protected under federal and state fair housing laws;

3. The requested exception will not impose an undo financial or administrative burden upon the City; and

4. The requested exception will comply with all applicable Building and Fire Codes and will not result in a fundamental alteration of the planning, zoning and development laws and procedures of the City.

E. Conditions of Approval.

1. In approving a Fair Housing and Reasonable Accommodation application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; a nd ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.”

PART VII: Paragraphs C.11 (Qualified Buyer) and C.12 (Qualified Nonprofit Corporation) of Development Code Section 5.03.010 (Accessory Dwelling Units) shall be added to read as stated below. All subsequent existing provisions contained in Subsection C (Definitions) shall be renumbered in correct alphanumeric order.

“11. Qualified Buyer. Persons and families of low or moderate income, as that term is defined in Health and Safety Code Section 50093.

346

Page 9 of 46 ends

PART VIII: Paragraph E.4 (No Separate Conveyance) of Section 5.03.010 (Accessory Dwelling Units) shall be amended to read as follows:

“4. No Separate Sale or Conveyance. An ADU or JADU may be rented; however, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single -family lot) or from the lot and all other dwellings (in the case of a multiple-family lot), except as provided by Subsection H (Sale or Conveyance of ADUs Separate from the Primary Residence)of this Section.”

PART VIX: Subsection H (Sale or Conveyance of ADUs Separate from the Primary Residence) of Section 5.03.010 (Accessory Dwelling Units) shall be added to read as follows:

“H. Sale or Conveyance of ADUs Separate from the Primary Residence.

Notwithstanding Paragraph E.4 (No Separate Sale or Conveyance) of this Section, an ADU can be sold or conveyed separately from the primary residence to a qualified buyer; provided, all of the following conditions are met:

1. The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation.

2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in Revenue and Taxation Code Section 402.1(10(a).

3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:

a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.

b. A repurchase option that requires the qualified buyer to first offer the purchase of the ADU or primary dwelling to the qualified nonprofit corporation should the buyer desire to later sell or convey the property.

c. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence.
347

Page 10 of 46 ends

d. Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensures the ADU and primary dwelling will be preserved for low -income housing for 45 years for owner -occupied housing units and will be sold or resold to a qualified buyer.

e. Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the l atter cotenant’s obligations to each of the other cotenants have been satisfied.

f. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liabili ty associated with the property where such liability is otherwise established by law or by agreement with a third party.

g. Procedures for dispute resolution among the parties before resorting to legal action.

4. A grant deed naming the grantor, grantee, and d escribing the property interests being transferred shall be recorded in the county in which the property is located.

A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Revenue and Taxation Code Section 480.3.

PART X: Paragraph D.14 of Development Code Section 5.03.011 (Accessory Dwelling Units) shall be amended to read as follows:

“14. A lot developed with an Accessory Residential Structure shall maintain a useable rear yard as follows: that is equal to a minimum of 10 percent of the net lot area.

In addition, a

a. A traditional single-family dwelling shall maintain a useable rear yard area having minimum dimension of 20 FT in any horizontal direction; and

b. A small lot single-family dwelling shall maintain a useable rear yard having a minimum dimension of 10 FT in any horizontal direction.”

348

Page 11 of 46 ends

PART XI: Section 5.03.067 (Banquet Facilities - Historic Properties) shall be amended to read as follows:

“A. A banquet facility shall be allowed in all zoning districts within a commercial structure or on property designated as a local historic landmark, or a contributing structure within a designated historic district, established pursuant to Section 4.02.040 (Historic Preservation—Local Historic La ndmark and Local District Designations, Historic Resource Tiering, and Architectural Conservations Areas) of this Development Code, and shall be subject to the regulations therein during the life of the permit, except that no banquet facility shall be allowed in the MU-1 (Downtown Mixed Use) zoning district.

B. The minimum number of parking spaces required shall be provided pursuant to Division 6.03 (Off -Street Parking and Loading) of this Development Code. A parking demand study may be prepared by a qualified traffic consultant or engineer to support a reduction in the required number of parking spaces. The intent is to provide lower, flexible parking standards wherever possible and appropriate. Consideration shall be given to shared parking systems, on and off -street parking resources, compatibility with historic patterns of development, and the availability of mass transit resources.

C. Live entertainment shall be prohibited. Request for live entertainment shall require conditional use permit approval by the Zoning Administrator. Karaoke, DJs, live musical acts, and other similar forms of entertainment are considered live entertainment.

Amplified prerecorded music may be permitted; however, the sound emitted from the premises shall not be audible beyond the property lines of the business establishment.

D. Alcohol beverage sales shall be prohibited. Request for service of alcohol beverage sales shall require a conditional use permit by the Zoning Administrator allowed subject to the approval of a Conditional Use Permit issued pursuant to the requirements of Section 4.02.015 (Conditional Use Permits) and Section 5.03.025 (Alcoholic Beverage Sales) of this Development Code.

E. The applicant shall comply with all applicable building code regulations rela ted to the change of use of the structure to a banquet facility.”

PART XII: Subparagraph G.1 (Retail Sales Events) of Development Code Section

5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) shall be amended to read as follows:

“1. Retail Sales Events and Other Similar Business Events. Retail sales events and other similar business events , including but not limited to special outdoor sales, sidewalk sales, and parking lot sales, are subject to the following:

a. A retail sales event or other similar business event shall only be allowed in conjunction with a legally established business that has been operated for a period of at least 180 days prior to the retail sales event or other similar business event. 349

Page 12 of 46 ends

b. Retail sales events and other similar business events shall be limited to the holiday sale periods of President’s Day, Memorial Day, Independence Day, and Labor Day, and 4 additional periods eight, one-week periods per calendar year, for each per business location. The additional one-week periods may be used consecutively, not to exceed a total of 56 days per calendar year.

c. Retail sales events shall be limited to maximum 7 days duration.

c. The outdoor display of merchandise shall be restricted to an area directly adjacent to the business’ exterior storefront; however, in the case of shopping centers, when it is not practical for the outdoor display area to be located directly adjacent to the business front, the sale area shall be located in an area as close as practically possible, to the business’ exterior storefront.

d. The display of merchandise shall not impede pedestrian or vehicular circulation.

e. All merchandise, materials, signs, and debris shall be removed from the outdoor area by 9:00AM following the last day of the retail sales event.”

PART XIII: Paragraph F.8 of Development Code Section 6.01.010 (Residential Zoning Districts) shall be amended to read as follows:

“8. Conversion of Garages. No garage shall be converted to another use unless a replacement garage is constructed on-site, which meets the minimum requirements of Division 6.03 (Off -Street Parking and Loading) of this Chapter , excepting a garage conversion to accommodate an Accessory Dwelling Units conforming to Section 5.03.010 (Accessory Dwelling Units) of this Development Code.”

PART XIV: Subsection G (Definition of Words Beginning with the Letter “G”) of Development Code Section 9.01.010 (Terms and Phrases) shall be amended, revising the definition of “garage” as follows:

“Garage. An accessory structure or portion of a main structure that is fully enclosed on 3 or more sides and designed for the shelter or storage of motor vehicles.”

PART XV: Rescind Ordinance No. 3200, an urgency ordinance establishing standards for the develo pment of Single -Family Two -Unit Projects and Urban Lot Splits, and Development Code Section 5.03.403 (Single -Family Two -Unit Projects) and Section

6.08.060 (Urban Lot Splits) shall be added to read as follows:

350

Page 13 of 46 ends

“Section 5.03.403: Single-Family Two-Unit Projects
A. Purpose. The purpose of this Section is to allow and appropriately regulate Single- Family Two-Unit Projects pursuant to GC Section 65852.21.

B. Definition. A “Two-Unit Project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot pursuant to the requirements of this Section.

C. Application.

1. Only individual property owners may apply for a Two -Unit Project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate pers on of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

2. An applic ation for a Two -Unit Project shall be submitted on a City application form.

3. The applicant shall obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days following application submittal.

5. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Development Code, pursuant to applicable law. The City council may establish and change the fee by resolution. The fee shall be paid with the application.

D. Approval.

1. An application for a Two-Unit Project is approved or denied ministerially, by the Planning Director, without discretionary review.

2. The ministerial approval of a Two-Unit Project does not take effect until the City has confirmed that all required documents have been recorded, such as the deed restriction and easements.

3. The approval shall require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. 351

Page 14 of 46 ends

4. The approval shall require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Development Code.

E. Requirements. A Two-Unit Project shall satisfy all of the following requirements:

1. Subdivision Map Act (SMA) Compliance . The lot shall have been legally subdivided.

2. Zoning District. The lot i s in a single -family residential zoning district. For the purpose of this Section, the term “single -family residential zoning district” shall mean the LRD -5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.

3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use. e. Within a deline ated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(2) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
352

Page 15 of 46 ends

h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

4. Not Historic. The lot shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that i s designated by ordinance as a city or county landmark, or as a historic property or district.

5. No Impact on Protected Housing. The Two-Unit Project shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income -restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

Page 16 of 46 ends

Section 5.03.010 (Accessory Dwelling Unit) of this
Development Code.
(2) A lot that is not created by an Urban Lot Split may have a Two- Unit Project as provided by this Sect ion, plus any ADU or JADU that shall be allowed pursuant to State law and Section

Page 17 of 46 ends

e. Lot Coverage. [Include a lot coverage standard here if desired.] This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each. f. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.6.f above:
(a) Existing Structures . No setback is required for an existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(b) Cannot Preclude Construction of Two 800 -SF Units
and 4-FT Side/Rear Setbacks. The setbacks imposed
by the underlying zoning district shall yield to the
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a
side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this code, dwellings that are constructed under this Section s hall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and
(b) Allow for vehicular and fire -safety access to the front structure.
g. Parking. Each new primary dwelling unit shall have at least one off - street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located withi n one -half mile walking distance of either
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
355

Page 18 of 46 ends

(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal serve d by either a bus or rail
transit service, or
(iii) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located within one block of a perm anently established car-share vehicle pickup/drop-off location. h. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Two -Unit Project, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Two- Unit Project, and if two primary d wellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch.

Page 19 of 46 ends

(1) A lot comprising a Two-Unit Project shall be provided with 6 - FT high decorative masonry block walls (re duced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind
the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Chapter

6.0 (Development and Subdivision Regulations), (Division

6.02 (Walls, Fences, and Obstructions) of this Development Code.
j. Landscaping. A l ot comprising a Two -Unit Project shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Chapter 6.0 (Development and Subdivision Regulations), Division 6.05 (Landscaping) of this Development Code.
k. Nonconforming Conditions . A Two -Unit Project shall be approved only if all nonconforming zoning conditions are corrected. l. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater
treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
m. Building & Safety. All structures built on a lot comprising a Two-Unit Project shall comply with all current local building standards. A project under this Section is a change of use and subjects the whole of the lot, and all structures, to the City’s current code.

Page 20 of 46 ends

shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site shall comply with current f ire code requirements for dwellings in a very high fire hazard severity zone. c. All enclosed structures on the site shall have fire sprinklers. d. All sides of all dwellings on the site shall be within a 150 -FT hose- pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority approved hookups compatible with fire-authority standard pump and hose equipment.

8. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are prohibited.
c. All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners.

9. Regulation of Uses.
a. Residential-Only. No non-residential use is permitted on the lot. b. No Short Term Rentals. No dwelling unit on a lot comprising a Two- Unit Project shall be rented for a period of less than 30 days. c. Owner Occupancy. Unless the lot comprising a Two-Unit Project was formed by an Urban Lot Split, the individual property owners of a lot with a Two-Unit Project shall occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

Page 21 of 46 ends

(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for construction- related complaints), and
(5) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

11. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an Urban Lot Split: Expressly requires the individual property owners to live in one of the dwelli ng units on the lot as the owners’ primary residence and legal domicile. e. States that the property is formed by an Urban Lot Split and is therefore subject to the City’s Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this Section, the City may deny an application for a Two -Unit Project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

Page 22 of 46 ends

policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a Two -Unit Project violates any part of this Development Code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The City may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law, this Development Code, or the City’s Municipal Code.”

“Section 6.08.060: Urban Lot Splits
A. Purpose. The purpose of this Section is to allow and appropriately regulate Urban Lot Splits pursuant to GC Section 66411.7.

B. Definition. An “Urban Lot Split” means the subdivision of an existing, legally subdivided lot into two lots pursuant to the requirements of this Section.

C. Application.

Page 23 of 46 ends

title. “Individual property owner” does not in clude any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

2. An application for an Urban Lot Split shall be submitted on a City application form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days following application submittal.

3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Development Code, pursuant to applicable law. The City council may establish and change the fee by resolution. The fee shall be paid with the application.

D. Approval.

1. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the City Engineer, without discretionary review.

2. A tentative parcel map for an Urban Lot Split shall be approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded. A final parcel map shall be approved ministerially as well, but not until the owner demonstrates that all required documents have been recorded, such as the deed restriction and easements. The tentative parcel map shall expire 3 months following approval.

3. The approval shall require the owner and applicant to hold the City of Ontario harmless from all claims and damages related to th e approval and its subject matter.

E. Requirements. An Urban Lot Split shall satisfy each of the following requirements:

Page 24 of 46 ends

(1) The buyer or grantee of a lot that is created by the Urban Lot Split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(2) The City has all the remedies available to it under the S MA, including but not limited to the following:
(a) An action to enjoin any attempt to sell, lease, or finance the property.
(b) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(c) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(d) Record a notice of violation.
(e) Withhold any or all future permits and approvals.
c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights- of-way or construction of offsite improvements is required for an Urban Lot Split.

2. Zoning District . The lot to be split is in a single -family residential zoning district. For purposes of this Section, the term “single -family residential zoning district” shall mean the LDR-5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.

Page 25 of 46 ends

e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(2) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory.

Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior Urban Lot Split. b. The lot to be split is not adjacent to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owne r. For the purposes of this Section, the term “any person acting in concert with the owner” shall include any third-party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.

Page 26 of 46 ends

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for th e tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.
a. The lot to be split shall be at least 2,400 SF.
b. Each lot created by an Urban Lot Split shall be at least 1,200 SF. c. Each lot created by an Urban Lot Split shall be between 60 percent and 40 percent of the original lot area.

8. Easements.
a. The owner shall enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. b. Each easement shall be shown on the parcel map.
c. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be appr oved pursuant to subpart D.2 above.

9. Lot Access.
a. Each lot created by an Urban Lot Split shall adjoin a public street right-of-way.
b. Each lot created by an Urban Lot Split shall have frontage on the public street right-of-way of at least 20 FT.
364

Page 27 of 46 ends

365

Page 28 of 46 ends

e. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart 0 above:
(a) Existing Structures . No setback is required for an existing legally e stablished structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(b) Cannot Preclude Construction of Two 800 -SF Units
and 4-FT Side/Rear Setbacks. The setbacks imposed
by the underlying zoning district shall yield to the
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a
side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this Development Code, dwellings that are constructed after an Urban Lot Split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and
(b) Allow for vehicular and fire -safety access to the front structure.
f. Parking. Each new primary dwelling unit shall have at least one off - street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one -half mile walking distance of either
(a) A corridor with fixed route b us service with service intervals no longer than 15 minutes during peak
commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
366

Page 29 of 46 ends

(ii) A ferry terminal served by either a bus or rail
transit service, or
(iii) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located within one block of a permanently established car-share vehicle pickup/drop-off location. g. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other wit h respect to exterior materials, finishes, color, and dominant roof pitch.

The dominant roof pitch means the slope shared by the
largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights. (4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and
prevent a direct line of sight.
(5) If a dwelling is construct ed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street right -of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Walls, Fences, and Obstructions.
(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 367

Page 30 of 46 ends

FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind
the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division

6.02 (Walls, Fences, and Obstructions) of this Chapter. i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter.
j. Nonconforming Conditions . An Urban Lot Split may b e approved without requiring a legal nonconforming zoning condition to be corrected.
k. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater
treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
l. Building & Safety. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards. An Urban Lot Split is a change of use.

Page 31 of 46 ends

(2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
(3) All enclosed structures on the site shall have fire sprinklers. (4) All sides of all dwellings on the site shall be within a 150 -FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
(5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire -authority standard pump and hose equipment.
b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this subpart E.11. The City or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application. The applicant shall pay the City’s costs for inspection. Failure to pay is grounds for denying the application.

12. Separate Conveyance.
a. On a lot created by an Urban Lot Split:
(1) Primary dwelling units cannot be owned or conveyed
separately from each other.
(2) Condominium airspace divisions and common interest
developments are prohibited.
(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners. b. Separate conveyance of lots created by an Urban Lot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner sh all record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots. 369

Page 32 of 46 ends

13. Regulation of Uses.
a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.
b. No Short Term Rentals . No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days. c. Owner Occupancy. The applicant for an Urban Lot Split shall sign an affidavit stating that the ap plicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of 3 years after the Urban Lot Split is approved.

14. Notice of Construction.
a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for construction- related complaints), and
(5) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

Page 33 of 46 ends

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that the property is formed by an Urban Lot Split and is, therefore, subject to the City’s Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this Section, the City may deny an application for an Urban Lot Split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. The term “specific adverse impact” has the same meaning as in GC Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the ap plication was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.”

PART XVI: Development Code Table 2.02-1 (Review Matrix) shall be amended to read as follows:

R = Advisory (Recommending) Authority
X = Approving Authority
A = Appeal Authority

371

Page 34 of 46 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

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

2. Development Agreements [1] (Ref: ODC Section

4.01.015)
R X

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

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

4.01.025)
R X

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

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

7. Williamson Act Contract Cancellations [1] (Ref:

GC Section 51200 et seq.)
R X

8. Zone Changes [1] (Ref: ODC Section 4.01.040) R X B. DISCRETIONARY PERMITS AND ACTIONS

1. Administrative Exceptions (Ref: ODC Section

4.02.020.C)

X A A

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

3. Conditional Use Permits (Ref: ODC Section

4.02.015)

a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]

R X A
c. Use established within an existing structure
[1]

X A A
d. Modification or revocation per ODC Division

2.05 (City Initiated Modification or Revocation) [1]
X A
e. Revocation due to abandonment of use per
ODC Division 2.05 (City Initiated Modification or Revocation) [1]

X A A

4. Density Bonus and Other Incentives per ODC
Section 6.01.010.G (Density Bonus and Other Incentives) [1]
R X

5. Development Plans (Ref: ODC Section 4.02.025)
372

Page 35 of 46 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

R X A
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC zoning
districts, greater than 500 SF in area

X A A
c. Industrial developments equal to or less than

0.45 FAR

X A A
d. Industrial developments exceeding 0.45 FAR R X A e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless Telecommunications Facilities) of this Development Code

(1) Tier 2 facilities X A A
(2) Tier 3 facilities [1] R X A
f. All others X A A

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

X A A

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

X A A

8. Historic Preservation
a. Certificates of Appropriateness (Ref: ODC
Section 4.02.050)

ODC Section 4.02.055) [1]
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05 (City
Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC Section

4.02.060)
X A A
373

Page 36 of 46 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

4.02.040), including Rescinding or Amending Status (Ref:

ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local District
Designations, and Architectural Conservation Areas (Ref:

ODC Section 4.02.040), including Rescinding or Amending Status (Ref: ODC Section 4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC Section

4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC Section

4.02.065)
R R X
i. Addition/Removal of Resources to/from the
Ontario Register (Ref: ODC Section 4.02.045)

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

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

X A A

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

X A A

10. Master Plans and Amendments [1] (Ref: ODC
Section 4.02.070)
R X

11. Minor Variances Adjustments and Alterations
(Ref: ODC Section 4.02.020.D)

X A A

12. Nonconforming Structure Reconstruction [1] (Ref:

ODC Section 3.01.020)
X A

13. Parking Reduction (Ref: ODC Section 6.03.025) X A

14. Sign Programs (Ref: ODC Section 4.02.075) X A A

15. Specific Plan Minor Amendments Adjustments
and Alterations (Ref: ODC Section 4.02.080)

X A A

16. Stays of Permit Approval Time Limit (Ref: ODC
Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]

17. Subdivisions
a. Lot Merger (Merger of Contiguous Parcels)
[1] (Ref: ODC Section 4.02.085)

R X A
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)

R X A
374

Page 37 of 46 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

R X A
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)

R X A

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

X A A

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

DECISIONS

1. Administrative Exceptions (Ref: ODC Section

4.02.020.C)

X A A

2. Administrative Use Permits (Ref: ODC Section

4.03.015)
X

3. Airport Land Use Compatibility Plan (ALUCP)
Interagency Reviews [7] (Ref: ALUCP)
X A[8]

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

X A A

5. Development Applications within the ONT zoning
district
X

6. Landscape and Irrigation Plans (Ref. ODC
Section 6.05.005)

X A A

7. Off-Site (Public) Improvement Plans (Ref: ODC
Section 6.08.040)

X A A

8. Other Plan Checks required by this Development
Code

X A A

9. Shopping Cart Retention Plans (Ref: ODC Section

6.11.020)

X A A

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

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

X A A

12. Subdivisions
a. Certificates of Compliance (Ref: ODC
Section 4.03.025)

X A A
b. Final Tract and Parcel Maps, and Vesting
Maps (Ref: ODC Section 4.03.030)
X
375

Page 38 of 46 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

4.03.035)

X A A
d. Map Corrections and Amendments (Ref:

ODC Section 4.03.040)

X A A
e. Street Address Numbering (Ref. ODC
Section 6.06.010)

X A A
f. Street Name Assignment (Ref. ODC Section

6.06.010)

X A A
g. Subdivision Improvement Agreement (Ref:

ODC Section 6.08.040.G)

X A A
h. Urban Lot Split (Ref: ODC Section 6.08.060) X A A

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

X A A

14. Wall, Fence, and Obstructions Plans (Ref. ODC
Section 6.02.005)

X A A

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

X A A
D. ENVIRONMENTAL DETERMINATIONS AND

ACTIONS

1. Environmental Impact Reports (EIRs) (Ref: CCR
Section 15080 et seq.)
X[3] X[3]

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

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

4. Negative Declarations (NDs) and Mitigated
Negative Declarations (MNDs) (Ref: CCR Section 15070 et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]

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

6. Environmental review for projects located within
the ONT zoning district [9]
X

Notes:

Page 39 of 46 ends

[3] The Approving Authority for environmental determinations/actions shall be the same as the related legislative or discretionar y actions. NDs and MNDs, and Addendums to previously certified EIRs, and previously adopt ed 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 s ubject to concurrent review and action by that higher Reviewing Authority upon their request.
[5] The Approving Authority responsible for issuing a “Stay of Permit Approval Time Limit” pursuant to Section 2.02.025 (Projects Involving Pending Litigation) of the Development Code, shall be the same as for the related application, action or decision. [6] An appeal of an Historic Preservation—Certificate of Appropriateness—Waiver shall be considered by the Historic Preservation Subcommittee, except that an Histo ric Preservation —Waiver for an Historic Landmark shall be considered by the Historic Preservation Commission
[7] Refer to the 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;
▪ 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; and ▪ 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.

PART XVII: Development Code Table 2.03 -1 (Notification Matrix) shall be amended to read as follows:

377

Page 40 of 46 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

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

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X

3. Development Code Amendments [1] (Ref:

ODC Section 4.01.020)
X

4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref: ODC
Section 4.01.025)
X X X

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

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

ODC Section 4.01.035)
X X X

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

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

4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Administrative Exceptions (Ref: ODC
Section 4.02.020.C)
X

2. Billboard Relocation Agreements [1] (Ref:

ODC Section 4.02.010)
X

3. Conditional Use Permits (Ref: ODC Section

4.02.015)

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

4. Density Bonus and Other Incentives per
ODC Section 6.01.010.G (Density Bonus and Other
Incentives) [1]
X X
378

Page 41 of 46 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

5. Development Plans (Ref: ODC Section

4.02.025)

a. Residential developments totaling 5 or
more dwelling units or the development of 3 or more
dwelling units on a single lot or parcel
X
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC zoning
districts, greater than 500 SF in area
X
c. Industrial developments equal to or
less than 0.45 FAR
X
d. Industrial developments exceeding

0.45 FAR
X
e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this Development
Code

(1) Tier 2 facilities X
(2) Tier 3 facilities [1] X X
f. All others X

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

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

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

ODC Section 4.02.050)

Page 42 of 46 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

NOT REQUIRED
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05 (City
Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC Section

4.02.060)
X
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or Amending
Status (Ref: ODC Section 4.02.045)
X
f. Local Historic Landmark and Local
District Designations, and Architectural Conservation
Areas [Ref: ODC Section 4.02.040), including
Rescinding or Amending Status (Ref: ODC Section

4.02.045)
X
g. Mills Act Contracts (Ref: ODC Section

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

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

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

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

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

ODC Section 4.02.070)
X X X

11. Minor Variances [5] (Ref: ODC Section

4.02.020.D)
X X

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

13. Parking Reduction (Ref: ODC Section

6.03.025)
X

14. Sign Programs (Ref: ODC Section 4.02.075) X

15. Specific Plan Minor Amendments (Ref: ODC
Section 4.02.080)
X
380

Page 43 of 46 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

16. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X

17. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X X
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
X X
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)
X X
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
X

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

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

1. Administrative Exceptions (Ref: ODC
Section 4.02.020.C)
X

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

3. Airport Land Use Compatibility Plan
(ALUCP) Interagency Reviews [4] (Ref: ALUCP)
X

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

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

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

ODC Section 6.08.040)
X

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

8. Single-Family Two-Unit Developments (Ref:

ODC Section 5.03.403)
X

9. Subdivisions
a. Certificates of Compliance (Ref: ODC
Section 4.03.025)
X
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
381

Page 44 of 46 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

NOT REQUIRED
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X
e. Street Address Numbering (Ref. ODC
Section 6.06.010)
X
f. Street Name Assignment (Ref. ODC
Section 6.06.010)
X
g. Subdivision Improvement Agreement
(Ref: ODC Section 6.08.040.G)
X
h. Urban Lot Split (Ref: ODC Section

6.08.060)
X

10. Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

1. Environmental Impact Reports (EIRs) (Ref:

CCR Section 15080 et seq.)
X X X

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

3. Ministerial Projects (Ref: CCR Section
15268)
X

4. Negative Declarations (NDs) and Mitigated
Negative Declarations (MNDs) (Ref: CCR Section
15070 et seq.)
X

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

Notes:

[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority.
[3] A Large Family Day Care facility shall require notification pursuant to Subparagraph 2.03.010.C.1.b(1) of this Division. [4] Refer to the LA/Ontario International Airport Land Use Compatibility Plan for procedures for application processing and administration, and appeals processing.
[5] A Minor Variance shall require notification pursuant to Paragraph 4.02.020.D.3 (Application Filing, Processing and Hearing) of this Development Code.

382

Page 45 of 46 ends

PART XVIII: Development Code Table 8.01 -1 (Sign Regulation Matrix) shall be amended, revising the Special Regulations for Retail Sales Events in Commercial zoning districts (Subparagraph C.1.c[2]) and Industrial zoning districts (Subparagraph E.1.c[2]), to read as follows:

“[2] Retail Sales Events and Other Similar Business Events . A retail sales event or other similar business event permitted pursuant to Subparagraph 5.03.395.G.1 of this Development Code, may be allowed temporary signage for maximum of eight, one-week periods per calendar year 7 days duration during the specified “holiday sale periods,” and during the specified “additional periods” for which a Temporary Use Permit has been issued, not to exceed a total of 56 days per calendar year. Each “additional period” may be used consecutively with “holiday sale periods,” not to exceed a total of 6 consecutive periods (42 consecutive days).

PART XIX: Development Code Table 5.02 -1 (Land Use Matrix) shall be amended as shown in Exhibit A: Portion of Table 5.02-1 (Land Use Matrix), of this attachment.

383

Page 46 of 46 ends

Exhibit A: Portion of Table 5.02-1 (Land Use Matrix)

384

Case Planner: Charles Mercier, Principal Planner

Hearing Body Date Decision Action
Planning Director
Approval:

PC 4/26/2022 Recommend
CC-1st Reading 6/7/2022 Introduction
Submittal Date: 3/8/2022 CC-2nd Reading 6/21/2022 Final

FILE NO.: PDCA22-003

SUBJECT: A public hearing to consider certain clarifications and revisions to the City of Ontario Development Code, addressing: [1] time extensions for discretionary projects (Section 2.02.025.B.2.c); [2] public notification requirements for Minor Variances (Section

2.03.010); [3] administrative exceptions (Sections 4.02.020 and 4.03.050, and Tables 2.02- 1 and 2.03 -1); [4] specific plan minor amendments (Section 4.02.080); [5] housing and reasonable accommodations (Sections 4.02.035 and 4.03.055, and Tables 2.02 -1 and

2.03-1); [6] accessory dwelling units (Section 5.03.0 10); [7] minimum useable rear yard area for single -family dwellings (Section 5.03.011); [8] banquet facilities on historic properties (Section 5.03.067); [9] retail sales events (Section 5.03.395 and Table 8.01 -1); [10] conversion of garages to accommodate accessory dwelling units (section 6.01.010); [11] definition for “garage” (Section 9.01.010.G); [12] single -family two-unit projects and urban lot splits, rescinding Urgency Ordinance No. 3200 and adopting standards (Sections 5.03.403 and 6.08.060, and Tables 2.02-1 and 2.03-1); and [13] certain allowed land uses (Table 5.02-1); City Initiated. City Council action is required.

RECOMMENDED ACTION: That the Planning Commission consider and adopt the resolution recommending the City Council approve File No. PDCA22-003, pursuant to the facts and reasons contained in the staff report and attached resolution.

PROJECT SETTING: The proposed Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south. The City of Ontario is substantially built -out with a mix of residential, commercial, industrial, agricultural, airport, recreational, and institution al/public land uses. According to the latest US Census forecast , the City of Ontario’s 20 22 estimated population is 197,866 persons and in terms of population, is ranked the 23rd largest city in the State and the 126th largest in the nation.

PROJECT ANALYSIS: The proposed Development Code Amendment consists of certain clarifications and revisions to the City of Ontario Development Code, as follows:

303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
April 26, 2022
385
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 2 of 56 ends

(1) Provisions addressing time extension limits for discretionary projects (Development Code Section 2.02.025.B.2.c) will be revised to clarify that a total of three one -year time extensions may be granted for discretionary actions , such as Development Plans, Conditional Use Permits, and Variances. Time extensions for Tentative Tract and Parcel Maps will continue to be subject to the requirements of the State’s Subdivision Map Act, which allows one or more extensions, not exceed a total of six years.

(2) Public notification requirements for Minor Variances will be added to clarify that the notification of t he owners of any property that abuts a property with a proposed Minor Variance will be required to be notified of the proposed application (Development Code Section 2.03.010) . Additionally, Minor Varian ces will be reti tled as “Minor Adjustments and Alterations.”

(3) Development Code provisions governing Specific Plan Minor Amendments will be retitled as “Specific Plan Minor Adjustments and Alterations” to reflect the limited scope of the application (Development Code Section 4.02.080).

(4) Development Code provisions governing Administrative Exceptions currently incorrectly classify the application as requiring a discretionary action and will, therefore, be rescinded. New provisions are proposed that correctly establish Administrative Exceptions as a ministerial action (Development Code Sections 4.02.020 and 4.03.050, and Tables 2.02-1 and 2.03-1).

(5) The current Development Code provisions governing Housing and Reasonable Accommodations are incorrectly classified as requiring a discretionary action and will, therefore, be rescinded. New provisions are proposed that correctly establish Housi ng and Reasonable Accommodations as a ministerial action (Development Code Sections

4.02.035 and 4.03.055, and Tables 2.02-1 and 2.03-1).

(6) Development Code provisions governing Accessory Dwelling Units (ADUs) will be modified, adding the requirements of Assembly Bill 345, which allows for the conveyance of an ADU separate from the primary residence if the ADU or primary dwelling was built or developed by a qualified nonprofit corporation and certain conditions are met (Development Code Section 5.03.010).

(7) The current Development Code provisions stipulating the m inimum useable rear yard area for single -family dwellings will be simplified, requiring that a traditional single- family dwelling maintain a useable rear yard area having minimum dimension of 20 FT in any horizontal direction and small lot single-family dwelling maintain a useable rear yard having a minimum dimension of 10 FT in any horizontal dire ction (Development Code Section 5.03.011). This revision has been proposed eliminate a conflict with current ADU provisions.

(8) Current Development Code provisions governing banquet facilities established in conjunction with commercial structures on historic properties will be amended to clarify 386
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 3 of 56 ends

that no banquet facilities shall be allowed in the MU -1 (Downtown Mixed Use) zoning district (Development Code Section 5.03.067) . This revision will eliminate an existing conflict with Development Code Table 5.02-1 (Land Use Matrix).

(9) Current Development Code provisions governing Retail Sales Events will be modified to clarify that the provisions also cover “ other similar business events .” Additionally, the current provisions that limit such events to the holiday sale periods of President’s Day, Memorial Day, Independence Day, Labor Day, and four additional periods per year will be amended, eliminating the four stated holidays, and allowing a maximum of eight, one-week periods per calendar year (Development Code Section

5.03.395 and Table 8.01-1).

(10) Current Development Code provisions stipulating that no garage can be converted to another use unless a replacement garage is constructed on -site will be clarified to provide that a garage c onversion that accommodates an ADU is exempt from the replacement garage requirement (Development Code section 6.01.010) . This revision will eliminate a conflict with the Development Code’s current ADU provisions, as well as a conflict with State law.

(11) The current Development Code definition for “garage” will be amended to clarify that a garage must be enclosed on all four side s (Development Code Section

9.01.010.G).

(12) Urgency Ordinance No. 3200 was adopted by the City Council on December 21, 2021, establishing standards for s ingle-family two -unit projects and urban lot splits in accordance with State law (Senate Bill 9). This Developmen t Code Amendment will rescind the urgency ordinance and adopt permanent standards to be included in the Development Code (Development Code Sections 5.03.403 and 6.08.060, and Tables

2.02-1 and 2.03-1).

(13) Amend provisions for certain allowed land uses, as follows (Development Code Table 5.02-1):

(a) Technical, Trade and Vocational Schools — Conditionally permit technical, trade and vocational schools in the IG (General Industrial) zoning district . This revision would allow for the location of technical, trade and vocational schools that specialize in education and training for industrial-related industries, such as motor vehicle fabrication, repair, maintenance, and customization; truck driving; forklift driving and operation; and other industrial activities

(b) Other Residential Care Facilities — Prohibit adult residential care facilities for more than 6 persons, which do not require a State-issued license to operate, such as but not limited to group homes for the hearing or visually impaired, halfway group homes for ex-offenders, group homes for unwed mothers, group homes for the disabled without nursing care, and group sober living facilities.
387
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 4 of 56 ends

The proposed provisions of the Development Code Amendment are shown in Exhibit A (Development Code Amendment) of this report. Any provisions proposed for deletion are shown in red strikeout text ( Abcdefg) and all additions are shown in yellow highlighted text (Abcdefg).

COMPLIANCE WITH THE ONTARIO PLAN: The proposed project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan (TOP). More specifically, the goals and policies of TOP that are furthered by the proposed project are as follows:

(1) City Council Goals.

▪ Invest in the Growth and Evolution of the City’s Economy ▪ Maintain the Current High Level of Public Safety
▪ Operate in a Businesslike Manner
▪ Pursue City’s Goals and Objectives by Working with Other Governmental Agencies
▪ Focus Resources in Ontario’s Commercial and Residential Neighborhoods

(2) Vision.

Distinctive Development:

▪ Commercial and Residential Development

➢ Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California.

(3) Governance.

Decision Making:

▪ Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices.

➢ G1-2 Long-term Benefit . We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision

(4) Policy Plan (General Plan).

388
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 5 of 56 ends

Land Use Element:

▪ Goal LU1: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.

➢ LU1-1: Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, and foster the development of transit.

➢ LU1-2 Sustainable Community Strategy . We integrate state, regional and local Sustainab le Community/Smart Growth principles into the development and entitlement process.

➢ LU1-3 Adequate Capacity . We require adequate infrastructure and services for all development.

➢ LU1-4 Mobility . We require development and urban design, where appropriate, that reduces reliance on the automobile and capitalizes on multi -modal transportation opportunities.

➢ LU1-6 Complete Community . We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario.

➢ LU1-7 Revenues and Costs. We require future amendments to our Land Use Plan to be accompanied by analyses of fiscal impacts.

▪ Goal LU2: Compatibility between a wide range of uses.

➢ LU2-6: Infrastructure Compatibility : We require infrastructure to be aesthetically pleasing and in context with the community character.

▪ Goal LU4 : Development that p rovides short -term value only when the opportunity to achieve our Vision can be preserved.

➢ LU4-3 Infrastructure Timing. We require that the necessary infrastructure and services be in place prior to or concurrently with development.

Housing Element:

▪ Goal H2: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.
389
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 6 of 56 ends

➢ H2-1 Corridor Housing. We revitalize t ransportation corridors by encouraging the production of higher density residential and mixed -uses that are architecturally, functionally, and aesthetically suited to corridors.

➢ H2-3 Ontario Airport Metro Center. We foster vibrant, urban, intense and highly amenitized community in the Ontario Airport Metro Center Area through a mix of residential, entertainment, retail and office-oriented uses.

➢ H2-5 Housing Design . We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices, and other best practices.

▪ Goal H5: A full range of housing types and community services that meet the special housing needs for all individuals and families in Ontario, regardless of income level, age, or other status.

Community Economics Element:

▪ Goal CE1: A complete community that provides for all incomes and stages of life.

➢ CE1-1 Jobs -Housing Balance . We pursue improvement to the Inland Empire’s balance between jobs and housing by promoting job growth that reduces the regional economy’s reliance on out-commuting.

➢ CE1-7 Retail Goods and Services . We seek to ensure a mix of retail businesses that provide the full continuum of goods and services for the community.

▪ Goal CE2: A City of distinctive neighborhoods, districts, and corridors, where people choose to be.

➢ CE2-1 Development Projects . We require new development and redevelopment to create unique, high-quality places that add value to the community.

➢ CE2-5 Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.

➢ CE2-6 Public Maintenance. We require the establishment and operation of maintenance districts or other vehicles to fund the long -term operation and maintenance of the public realm whether on private land, in rights-of-way, or on publicly owned property.

390
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 7 of 56 ends

Community Design Element:

▪ Goal CD1: A dynamic, progressive city containing distinct neighborhoods and commercial districts that foster a positive sense of identity and belonging among residents, visitors, and businesses.

➢ CD1-2 Growth Areas . We require de velopment in growth areas to be distinctive and unique places within which there are cohesive design themes.

➢ CD1-3 Neighborhood Improvement. We require viable existing residential and non -residential neighborhoods to be preserved, protected, and enhanced in accordance with our land use policies.

➢ CD1-4 Transportation Corridors. We will enhance our major transportation corridors within the City through landscape, hardscape, signage, and lighting.

▪ Goal CD2 : A high level of design quality resulting in public spaces, streetscapes, and developments that are attractive, safe, functional, and distinct.

➢ CD2-1 Quality Architecture . We encourage all development projects to convey visual interest and character through:

• Building volume, massing, and height to provide appropriate scale and proportion;
• A true architectural style which is carried out in plan, section, and elevation throu gh all aspects of the building and site design and appropriate for its setting; and
• Exterior building materials that are visually interesting, high quality, durable, and appropriate for the architectural style.

➢ CD2-2 Neighborhood Design. We create distinct residential neighborhoods that are functional, have a sense of community, emphasize livability and social interaction, and are uniquely identifiable places through such elements as:

• A pattern of smaller, walkable blocks that promote access, activity, and safety;
• Variable setbacks and parcel sizes to accommodate a diversity of housing types;
• Traffic calming measures to slow traffic and promote walkability while maintaining acceptable fire protection and traffic flows; • Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and
• Landscaped parkways, with sidewalks separated from the curb.

391
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 8 of 56 ends

➢ CD2-3 Commercial Centers. We desire commercial centers to be distinctive, pedestrian friendly, functional, and vibrant with a range of businesses, places to gather, and connectivity to the neighborhoods they serve.

➢ CD2-5 Streetscapes. We design new and, when necessary, re trofit existing streets to improve walkability, bicycling and transit integration, strengthen connectivity, and enhance community identity through improvements to the public right of way such as sidewalks, street trees, parkways, curbs, street lighting and street furniture.

➢ CD2-7 Sustainability. We collaborate with the development community to design and build neighborhoods, streetscapes, sites, outdoor spaces, landscaping, and buildings to reduce energy demand through solar orientation, maximum use of nat ural daylight, passive solar and natural ventilation, building form, mechanical and structural systems, building materials and construction techniques.

➢ CD2-8 Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintenance of visibility and accessibility, and use of lighting.

➢ CD2-9 Landscape Design. We encourage durable landscaping materials and designs that enhance the aesthetics of structures, create, and define public and private spaces, and provide shade and environmental benefits.

➢ CD2-10 Surface Parking Areas. We require parking areas visible to or used by the public to be landscaped in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.

➢ CD2-11 Entry Statements . We encourage the inclusion of amenities, signage and landscaping at the entry to neighborhoods, commercial centers, mixed use areas, industrial developments, and public places that reinforce them as uniquely identifiable places.

➢ CD2-12 Site and Building Signage. We encourage the use of sign programs that utilize complementary materials, colors, and themes. Project signage should be designed to effectively communicate and direct users to various aspects of the development and complement the character of the structures.

▪ Goal CD3 : Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours.

392
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 9 of 56 ends

➢ CD3-1 Design . We require that pedestrian, vehicular, bicycle and equestrian circulation on both public and private property be coordinated and designed to maximize safety, comfort, and aesthetics.

➢ CD3-2 Connectivity Between Streets, Sidewalks, Walkways and Plazas . We require landscaping and paving be used to optimize visual connectivity between streets, sidewalks, walkways, and plazas for pedestrians.

➢ CD3-6 Landscaping. We utilize landscaping to enhance the aesthetics, functionality and sustainability of streetscapes, outdoor spaces, and buildings.

▪ Goal CD5: A sustained level of maintenance and improvement of properties, buildings and infrastructure that protects the property values and encourages additional public and private investments.

➢ CD5-1 Maintenance of Buil dings and Property . We require all public and privately owned buildings and property (including trails and easements) to be properly and consistently maintained.

➢ CD5-2 Maintenance of Infrastructure . We require the continual maintenance of infrastructure.

HOUSING ELEMENT COMPLIANCE: The Project will be consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project furthers the purposes, principals, goals, and policies of the Housing Element, in that it will provide for urban lot splits and the construction of two -unit single-family development projects, and, under certain circumstances, provides for the conveyance of accessory dwelling units separate from the main dwelling, thereby further promoting alternate forms of home rental and fee-simple homeownership.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE: The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area , as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. The proposed project is located within the Airport Influence Area of Ontario International Airport and was evaluated and found to be consistent with the policies and criteria of the ALUCP. Any special conditions of approval associated with uses in close proximity to the airport are included in the conditions of approval provided with the attached Resolution. 393
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 10 of 56 ends

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

394
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 11 of 56 ends

Exhibit A: DEVELOPMENT CODE AMENDMENT

PART I: Subparagraph B.2.c Development Code Section 2.02.025 (Time Limits and Extensions) shall be amended to read as follows:

PART II: Subparagraph C.1.b(1) of Development Code Section 2.03.010 (Public Hearing Notification) shall be amended to read as follows:

PART III: Development Code Section 4.02.0 80 (Minor Specific Plan Amendments) shall be amended to read as follows:

“4.02.080: Specific Plan Minor Amendments Adjustments and Alterations

A. Purpose. The purpose of this Section is to establish a procedure by which minor departures from the strict appl ication of the development standards and/or design guidelines established by a Specific Plan may be approved, provided the requested departure is in the interest of furthering the goals and policies of the affected Specific Plan and The Ontario Plan.

B. Applicability.

2. The following constitute minor modifications adjustments and/or alterations, not requiring a Specific Plan Amendment and/or update of the affected specific plan:

Page 12 of 56 ends

b. Adjustment of a residential planning area bo undary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;

d. Minor changes adjustments and/or alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation;

f. Adjustments in street alignments and dimensions that as deemed appropriate by the City Engineer, which are in keeping with the purpose and i ntent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan ( General Plan), and City Council Priorities components of The Ontario Plan , provided the changes do not impact the sizing of master planned infrastructure,

C. Application Filing, Processing and Hearing. A Specific Plan Minor Amendment application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provis ions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.

D. Findings and Decision. A Specific Plan Minor Amendment Adjustment and/or Alteration shall be acted upon by the Approving Au thority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below -listed findings cannot be clearly established.

1. The proposed Specific Plan Minor Amendment Adjustment and/or Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the specific plan;

396
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 13 of 56 ends

2. The proposed Specific Plan Minor Amendment Adjustment and/or Alteration is reasonable and beneficial, and in the interest of good planning practice; and

3. The proposed Specific Plan Minor Amendment Adjustment and/or Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.”

PART IV: Subsection C (Administrative Exceptions) of Development Code Section

“4.03.050: Administrative Exceptions

B. Applicability.

b. Administrative Exceptions may be approved for reductions of up to 10 percent from:

(1) Minimum setback a nd separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; and

(2) Off-street parking required for nonresidential land uses pursuant to Table 6.03-1 (Off-Street Parking Requirements).

Page 14 of 56 ends

C. Application Filing, Processing and Hearing.

1. An Administrative Exception shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

D. Findings and Decision. An Administrative Exception shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Depar tment’s written report, and any comments received from property owners notified pursuant to Subparagraph C.3.b of this Section, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The approval of the Administrative Exception is necessary to the production of a comprehensive development, incorporating an enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under the strict application of the applicable development standards;

2. The approval of the Administrative Exception will allow for the inclusion of site, architectural, or landscape features that could not othe rwise be incorporated into the design of the project under the strict application of the provisions of the applicable development standards; and

3. The approval of the Administrative Exception will not adversely affect the overall quality of development on t he project site and will not adversely affect neighboring properties.

4. The proposed Administrative Exception is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of Th e Ontario Plan, and the purposes of any applicable Specific Plan or Planned Unit Development, and the purposes of this Development Code.

E. Conditions of Approval.

398
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 15 of 56 ends

2. All conditions of approv al or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.”

PART V: Development Code Section 4.02.035 (Fair Housing and Reasonable Accommodations) shall be rescinded and Development Code Section 4.03.055 (Fair Housing and Reasonable Accommodations) shall be added to read as follows:

“4.03.055: Fair Housing and Reasonable Accommodations

A. Purpose. Pursuant to Federal and State fair housing laws, the purpose of this Section is to provide a procedure whereby exceptions from specific applications of this Development Code may be considered and properly evaluated in order to assure that no person is discriminated against on the basis of race, color, re ligion, sex, sexual orientation, family status, marital status, disability, national origin, source of income, or ancestry, by being denied an equal opportunity to use and enjoy a dwelling.

B. Applicability.

1. Pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Fair Housing and Reasonable Accommodation application and to impose reasonable conditions upon the approval of the application.

2. The Approvin g Authority may approve reasonable exceptions from the provisions of this Development Code, except that a Fair Housing and Reasonable Accommodation request shall not be approved that would allow the establishment of a land use that would not otherwise be allowed in the zoning district in which the affected property is located, or for increases in residential density.

C. Application Filing, Processing and Hearing. A Fair Housing and Reasonable Accommodation application shall be filed, processed, and heard purs uant to Division

2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

399
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 16 of 56 ends

1. The persons who will use the subject property are protected under federal and state fair housing laws;

2. The requested exception is necessary to make specific housing available to a person who will occupy the subject property and who is protected under federal and state fair housing laws;

3. The requested exception will not impose an undo financial or administrative burden upon the City; and

E. Conditions of Approval.

1. In approving a Fair Housing and Reasonable Accommodation application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the proj ect will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.”

PART VI: Paragraphs C.11 (Qualified Buyer) and C.12 (Qualified Nonprofit Corporation) of Development Code Section 5.03.010 (Accessory Dwelling Units) shall be added to read as stated below. All subsequent existing provisio ns contained in Subsection C (Definitions) shall be renumbered in correct alphanumeric order.

“11. Qualified Buyer. Persons and families of low or moderate income, as that term is defined in Health and Safety Code Section 50093. 400
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 17 of 56 ends

PART VII: Paragraph E.4 (No Separate Conveyance) of Section 5.03.010 (Accessory Dwelling Units) shall be amended to read as follows:

PART VIII: Subsection H (Sale or Conveyance of ADUs Separate from the Primary Residence) of Section 5.03.010 (Accessory Dwelling Units) shall be added to read as follows:

“H. Sale or Conveyance of ADUs Separate from the Primary Residence.

1. The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation.

3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:

a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.

401
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 18 of 56 ends

c. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence.

d. Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure s the ADU and primary dwelling will be preserved for low -income housing for 45 yea rs for owner-occupied housing units and will be sold or resold to a qualified buyer.

e. Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.

f. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

g. Procedures for dispute resolution among the parties before resorting to legal action.

4. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Revenue and Taxation Code Section 480.3.

PART IX: Paragraph D.14 of Development Code Section 5.03.011 (Accessory Dwelling Units) shall be amended to read as follows:

“14. A lot developed with an Accessory Residential Structure shall maintain a useable rear yard as follows: that is equal to a minimum of 10 percent of the net lot area.

In addition, a

a. A traditional single-family dwelling shall maintain a useable rear yard area having minimum dimension of 20 FT in any horizontal direction; and

402
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 19 of 56 ends

b. A small lot single-family dwelling shall maintain a useable rear yard having a minimum dimension of 10 FT in any horizontal direction.”

PART X: Section 5.03.067 (Banquet Facilities - Historic Properties) shall be amended to read as follows:

“A. A banquet facility shall be allowed in all zoning districts within a commercial structure or on property designated as a local historic landmark, or a contributing structure within a designated historic distric t, established pursuant to Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservations Areas) of this Development Code, and shall be subject to the regulations therein during the life of the permit , except that no banquet facility shall be allowed in the MU-1 (Downtown Mixed Use) zoning district.

Amplified prerecorded music may be permitted; however, the sound emitted from the premises shall not be audible beyond the property lines of the business establishment.

E. The applicant shall comply with all applicable building code regulations related to the change of use of the structure to a banquet facility.”

PART XI: Subparagraph G.1 (Retail Sales Events) of Development Code Section

5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) shall be amended to read as follows:

403
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 20 of 56 ends

“1. Retail Sales Events and Other Similar Business Events. Retail sales events and other similar business events, including but not limited to special outdoor sales, sidewalk sales, and parking lot sales, are subject to the following:

c. Retail sales events shall be limited to maximum 7 days duration.

c. The outdoor display of merchandise shall be restricted to an area directly adjacent to the business’ exterior storefront; however, in the cas e of shopping centers, when it is not practical for the outdoor display area to be located directly adjacent to the business front, the sale area shall be located in an area as close as practically possible, to the business’ exterior storefront.

d. The display of merchandise shall not impede pedestrian or vehicular circulation.

e. All merchandise, materials, signs, and debris shall be removed from the outdoor area by 9:00AM following the last day of the retail sales event.”

PART XII: Paragraph F.8 of Developm ent Code Section 6.01.010 (Residential Zoning Districts) shall be amended to read as follows:

“8. Conversion of Garages . No garage shall be converted to another use unless a replacement garage is constructed on -site, which meets the minimum requirements of Division 6.03 (Off-Street Parking and Loading) of this Chapter, excepting a garage conversion to accommodate an Accessory Dwelling Units conforming to Section 5.03.010 (Accessory Dwelling Units) of this Development Code.”

PART XIII: Subsection G (Definition of Words Beginning with the Letter “G”) of Development Code Section 9.01.010 (Terms and Phrases) shall be amended, revising the definition of “garage” as follows:

“Garage. An accessory structure or portion of a main structure that is fully enclosed on 3 or more sides and designed for the shelter or storage of motor vehicles.” 404
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 21 of 56 ends

PART XIV: Rescind Ordinance No. 3200, an urgency ordinance establishing standards for the development of Single -Family Two -Unit Projects and Urban Lot Splits, and Development Code Section 5.03.403 (Single -Family Two -Unit Projects) and Section

6.08.060 (Urban Lot Splits) shall be added to read as follows:

“Section 5.03.403: Single-Family Two-Unit Projects
A. Purpose. The purpose of this Section is to allow and appropriately regulate Single- Family Two-Unit Projects pursuant to GC Section 65852.21.

C. Application.

1. Only individual property owners may apply for a Two -Unit Project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) excep t for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

2. An application for a Two -Unit Project shall be submitted on a City application form.

3. The applicant shall obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleten ess within 30 days following application submittal.

D. Approval.

1. An application for a Two-Unit Project is approved or denied ministerially, by the Planning Director, without discretionary review.
405
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 22 of 56 ends

2. The ministerial approval of a Two-Unit Project does not take effect until the City has confirmed that all required documents have been recorded, such as the deed restriction and easements.

3. The approval shall require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

E. Requirements. A Two-Unit Project shall satisfy all of the following requirements:

1. Subdivision Map Act (SMA) Compliance . The lot shall have been legally subdivided.

2. Zoning District. The lot is in a single -family residential zoning district. For the purpose of this Secti on, the term “single -family residential zoning district” shall mean the LRD-5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.

Page 23 of 56 ends

(2) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

4. Not Historic. The lot shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark, or as a historic property or district.

5. No Impact on Protected Housing . The Two-Unit Project shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income -restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement a s to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City m ay require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit Standards.
407
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 24 of 56 ends

a. Quantity.
(1) No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For pur poses of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to Section 5.03.403 (Two -Unit Projects) of this Development Code, or an ADU or JADU created pursuant to State law and Section 5.03.010 (Accessory Dwelling Unit) of this
Development Code.
(2) A lot that is not created by an Urban Lot Split may have a Two- Unit Project as provided by this Section, plus any ADU or JADU that shall be allowed pursuant to State law and Section

Page 25 of 56 ends

(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a Two-Unit Project. d. Demo Cap. The Two-Unit Project shall not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last 3 years.
e. Lot Coverage. [Include a lot coverage standard here if desired.] This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each. f. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.6.f above:
(a) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (b) Cannot Preclude Construction of Two 800-SF Units and 4-FT Side/Rear Setbacks. The setbacks imposed by the
underlying zoning district shall yield to the degree
necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this code, dwellings that are constructed under this Section shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and
(b) Allow for vehicular and fire -safety access to the front structure.
g. Parking. Each new primary dwelling unit shall have at least one off - street parking space per unit within a fully enclosed garage having 409
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 26 of 56 ends

a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is loc ated within one -half mile walking distance of either
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry term inal served by either a bus or rail
transit service, or
(iii) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located within one block of a permanently established car-share vehicle pickup/drop-off location. h. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Two -Unit Project, any new primary dwelling unit shall match the existing primary dwellin g unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the
slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Two- Unit Project, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights. (4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense
410
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 27 of 56 ends

landscaping, or privacy glass may be used t o provide
screening and prevent a direct line of sight.
(5) If any portion of a dwelling is less than 30 FT from a property line that is not a public street right -of-way line, then all windows and doors in that portion shall either be (for
windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and doors) utilize frosted or obscure glass.
i. Walls, Fences, and Obstructions.
(1) A lot comprising a Two-Unit Project shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind
the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Chapter 6.0 (Development and Subdivision Regulations),
(Division 6.02 (Walls, Fences, and Obstructions) of this Development Code.
j. Landscaping. A lot comprising a Two -Unit Project shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Chapter 6.0 (Development and Subdivision Regulations), Division 6.05 (Landscaping) of this Development Code.
k. Nonconforming Conditions. A Two -Unit Project shall be approved only if all nonconforming zoning conditions are corrected. l. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater
treatment system shall first have a percolation test completed 411
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 28 of 56 ends

within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
m. Building & Safety . All structures built on a lot comprising a Two -Unit Project shall comply with all current local building standards. A project under this Section is a change of use and subjects the whole of the lot, and all structures, to the City’s current code.

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
a. It shall have direct access to a public street right-of-way with a paved street with a width of at least 40 FT. The public street right-of- way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site shall comply wi th current fire code requirements for dwellings in a very high fire hazard severity zone. c. All enclosed structures on the site shall have fire sprinklers. d. All sides of all dwellings on the site shall be within a 150 -FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority approved hookups compatible with fire -authority s tandard pump and hose equipment.

Page 29 of 56 ends

c. Owner Occupancy. Unless the lot comprising a Two-Unit Project was formed by an Urban Lot Split, the individual property owners of a lot with a Two-Unit Project shall occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

10. Notice of Construction.
a. At least 30 business days before starting any construction of a Two - Unit Project, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the pr oject manager (for
construction-related complaints), and
(5) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

11. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an Urban Lot Split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. 413
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 30 of 56 ends

e. States that the property is formed by an Urban Lot Split and is therefore subject to the City’s Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

2. The term “specific adverse impact” has the same meaning as in GC Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a Two-Unit Project violates any part of this Development Code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

Page 31 of 56 ends

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law, this Development Code, or the City’s Municipal Code.”

“Section 6.08.060: Urban Lot Splits
A. Purpose. The purpose of this Section is to allow and appro priately regulate Urban Lot Splits pursuant to GC Section 66411.7.

B. Definition. An “Urban Lot Split” means the subdivision of an existing, legally subdivided lot into two lots pursuant to the requirements of this Section.

C. Application.

1. Only individual property owners may apply for an Urban Lot Split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

D. Approval.

1. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the City Engineer, without discretionary review.

2. A tentative parcel map for an Urban Lot Split shall be approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded. A final parcel map shall be approved ministerially as well, but not until the owner demonstrates that all required documents have been recorded, su ch as the deed restriction and easements. The tentative parcel map shall expire 3 months following approval.
415
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 32 of 56 ends

3. The approval shall require the owner and applicant to hold the City of Ontario harmless from all claims and damages related to the approval and its subject matter.

E. Requirements. An Urban Lot Split shall satisfy each of the following requirements:

1. Subdivision Map Act Compliance.
a. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (GC Section 66410 et seq., “SMA”), including implementing require ments in this Development Code, except as otherwise expressly provided in this Section. b. If an Urban Lot Split violates any part of the SMA, the City’s subdivision regulations, including this Section, or any other legal requirement:
(1) The buyer or grantee of a lot that is created by the Urban Lot Split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(2) The City has all the remedies available to it under the SMA, including but not limited to the following:
(a) An action to enjoin any attempt to sell, lease, or
finance the property.
(b) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(c) Criminal prosecution, punishable by imprisonment i n county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(d) Record a notice of violation.
(e) Withhold any or all future permits and approvals.
c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights- of-way or construction of offsite improvements is required for an Urban Lot Split.
416
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 33 of 56 ends

2. Zoning District. The lot to be split is in a single-family residential zoning district.

For purposes of this Section, the term “single -family residential zoning district” shall mean the LDR-5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.

3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmlan d of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(2) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.
417
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 34 of 56 ends

4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior Urban Lot Split. b. The lot to be split is not adjacent to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this Section, the term “any person acting in concert with the owner” shall include any third-party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.

6. No Impact on Protected Housing . The Urban Lot Split shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income -restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the U rban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.
a. The lot to be split shall be at least 2,400 SF.
b. Each lot created by an Urban Lot Split shall be at least 1,200 SF. 418
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 35 of 56 ends

c. Each lot created by an Urban Lot Split shall be between 60 percent and 40 percent of the original lot area.

8. Easements.
a. The owner shall enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement shall be shown on the parcel map.
c. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved pursuant to subpart D.2 above.

9. Lot Access.
a. Each lot created by an Urban Lot Split shall adjoin a public street right-of-way.
b. Each lot created by an U rban Lot Split shall have frontage on the public street right-of-way of at least 20 FT.

Page 36 of 56 ends

(3) A primary dwelling that was legally established prior to the Urban Lot Split and is smaller than 800 SF may be expanded to a maximum of 800 SF after the Urban Lot Split.
c. Height Restrictions.
(1) On a resulting lot that is 2,000 SF or larger, no new primary dwelling unit may exceed one -story or 16 FT in height, measured from grade to peak of the structure.
(2) On a resulting lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two -stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an Urban Lot Split. d. Lot Coverage . Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each.
e. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.10.e above:
(a) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (b) Cannot Preclude Construction of Two 800-SF Units and 4-FT Side/Rear Setbacks. The setbacks imposed by the
underlying zoning district shall yield to the degree
necessary to avoid physically precluding the
construction of up to two uni ts on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a side or rear property line.
420
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 37 of 56 ends

(3) Front Setback Area . Notwithstanding any other part of this Development Code, dwellings that are constructed after an Urban Lot Split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and
(b) Allow for vehicular and fire -safety access to the front structure.
f. Parking. Each new primary dwelling unit shall have at least one off - street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one -half mile walking distance of either
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail
transit service, or
(iii) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located within one block of a permanently established car-share vehicle pickup/drop-off location. g. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit sha ll match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the
slope shared by the largest portion of the roof.
421
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 38 of 56 ends

(2) If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the larges t portion of the roof.
(3) All exterior lighting shall be limited to down-lights. (4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense
landscaping, or privacy glass may be used to provide
screening and prevent a direct line of sight.
(5) If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street r ight-of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Walls, Fences, and Obstructions.
(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind
the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division 6.02 (Walls, Fences, and Obstructions) of this Chapter. i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter.
422
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 39 of 56 ends

j. Nonconforming Conditions. An Urban Lot Split may be approved without requiring a legal nonconforming zoning condition to be corrected.
k. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater
treatment system shall first have a percolation test completed within the last 5 years or, if the percolation t est has been recertified, within the last 10 years.
l. Building & Safety. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards. An Urban Lot Split is a change of use.

11. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
(1) It shall have direct access to a public street right-of-way with a paved street with a width of at least 40 FT. The public street right-of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severi ty zone.
(3) All enclosed structures on the site shall have fire sprinklers. (4) All sides of all dwellings on the site shall be within a 150 -FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
(5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire -authority standard pump and hose equipment.
b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire - 423
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 40 of 56 ends

hazard mitigation measures pursuant to this subpart E.11. The City or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application. The applicant shall pay the City’s costs for inspection. Failure to p ay is grounds for denying the application.

12. Separate Conveyance.
a. On a lot created by an Urban Lot Split:
(1) Primary dwelling units cannot be owned or conveyed
separately from each other.
(2) Condominium airspace divisions and common interest
developments are prohibited.
(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners. b. Separate conveyance of lots created by an Urban Lot Split is permitted. If dwellings or other structures (such as garag es) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached stru ctures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Regulation of Uses.
a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.
b. No Short Term Rentals. No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days. c. Owner Occupancy. The applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of 3 years after the Urban Lot Split is approved.

14. Notice of Construction.
424
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 41 of 56 ends

a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for
construction-related complaints), and
(5) Contact information for the Building & Safety Department. b. This notice requirement does not confe r a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

15. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwel ling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential land use of the lots created by the Urban Lot Split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that the property is formed by an Urban Lot Split and is, therefore, subject to the City’s Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this Section, the City may deny an application for an Urban Lot Split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety 425
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 42 of 56 ends

or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. The term “specific adverse impact” has the same meaning as in GC Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.”

PART XV: Development Code Table 2.02-1 (Review Matrix) shall be amended to read as follows:

R = Advisory (Recommending) Authority
X = Approving Authority
A = Appeal Authority

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

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

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
R X

3. Development Code Amendments [1] (Ref:

ODC Section 4.01.020)
R X

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

4.01.025)
R X

5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
R X
426
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 43 of 56 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

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

ODC Section 4.01.035)
R X

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

8. Zone Changes [1] (Ref: ODC Section 4.01.040) R X B. DISCRETIONARY PERMITS AND ACTIONS

1. Administrative Exceptions (Ref: ODC Section

4.02.020.C)

X A A

2. Billboard Relocation Agreements [1] (Ref:

ODC Section 4.02.010)
R X

3. Conditional Use Permits (Ref: ODC Section

4.02.015)

a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]

R X A
c. Use established within an existing
structure [1]

X A A
d. Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1]
X A
e. Revocation due to abandonment of use
per ODC Division 2.05 (City Initiated Modification or
Revocation) [1]

X A A

4. Density Bonus and Other Incentives per ODC
Section 6.01.010.G (Density Bonus and Other
Incentives) [1]
R X

5. Development Plans (Ref: ODC Section

4.02.025)

a. Residential developments totaling 5 or
more dwelling units or the development of 3 or more
dwelling units on a single lot or parcel

R X A
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC zoning
districts, greater than 500 SF in area

X A A
c. Industrial developments equal to or less
than 0.45 FAR

X A A
427
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 44 of 56 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

R X A
e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this Development
Code

(1) Tier 2 facilities X A A
(2) Tier 3 facilities [1] R X A
f. All others X A A

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

X A A

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

X A A

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

ODC Section 4.02.050)

(1) Designated Historic Landmarks and
Contributors, and Architectural Conservation Areas;
and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement Structure
[1]
R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship [1]
(Ref: ODC Section 4.02.055) [1]
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05 (City
Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC Section

4.02.060)
X A A
428
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 45 of 56 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

PLANNING DIRECTOR
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or Amending
Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local
District Designations, and Architectural Conservation
Areas (Ref: ODC Section 4.02.040), including
Rescinding or Amending Status (Ref: ODC Section

4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC Section

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

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

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

X A A

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

X A A

10. Master Plans and Amendments [1] (Ref: ODC
Section 4.02.070)
R X

11. Minor Variances (Ref: ODC Section

4.02.020.D)

X A A

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

13. Parking Reduction (Ref: ODC Section

6.03.025)
X A

14. Sign Programs (Ref: ODC Section 4.02.075) X A A

15. Specific Plan Minor Amendments (Ref: ODC
Section 4.02.080)

X A A
429
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 46 of 56 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

16. Stays of Permit Approval Time Limit (Ref: ODC
Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]

17. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)

R X A
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)

R X A
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)

R X A
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)

R X A

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

X A A

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

DECISIONS

1. Administrative Exceptions (Ref: ODC Section

4.02.020.C)

X A A

2. Administrative Use Permits (Ref: ODC Section

4.03.015)
X

3. Airport Land Use Compatibility Plan (ALUCP)
Interagency Reviews [7] (Ref: ALUCP)
X A[8]

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

X A A

5. Development Applications within the ONT
zoning district
X

6. Landscape and Irrigation Plans (Ref. ODC
Section 6.05.005)

X A A

7. Off-Site (Public) Improvement Plans (Ref: ODC
Section 6.08.040)

X A A

8. Other Plan Checks required by this
Development Code

X A A
430
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 47 of 56 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

9. Shopping Cart Retention Plans (Ref: ODC
Section 6.11.020)

X A A

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

11. Single-Family Two-Unit Developments (Ref:

ODC Section 5.03.403)

X A A

12. Subdivisions
a. Certificates of Compliance (Ref: ODC
Section 4.03.025)

X A A
b. Final Tract and Parcel Maps, and Vesting
Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC Section

4.03.035)

X A A
d. Map Corrections and Amendments (Ref:

ODC Section 4.03.040)

X A A
e. Street Address Numbering (Ref. ODC
Section 6.06.010)

X A A
f. Street Name Assignment (Ref. ODC
Section 6.06.010)

X A A
g. Subdivision Improvement Agreement
(Ref: ODC Section 6.08.040.G)

X A A
h. Urban Lot Split (Ref: ODC Section

6.08.060)

X A A

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

X A A

14. Wall, Fence, and Obstructions Plans (Ref.

ODC Section 6.02.005)

X A A

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

X A A
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

1. Environmental Impact Reports (EIRs) (Ref:

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

2. Exempt Projects (Ref: CCR Section 15300 et
seq.)
X[3] X[3] X[3] X[3] X[3] A A
431
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 48 of 56 ends

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]

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

4. Negative Declarations (NDs) and Mitigated
Negative Declarations (MNDs) (Ref: CCR Section 15070
et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]

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

6. Environmental review for projects located
within the ONT zoning district [9]
X

Notes:

[1] A public hearing is required pursuant to the procedures set forth in Division 2.03 (Public Hearings) of this Development Code; however, public n otification 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 rev iew 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 ap plication, action or decision requiring review and action by a higher Reviewing Authority may be subject to concurrent review and action by that higher Reviewing Authority upon their request.
[5] The Approving Authority responsible for issuing a “Stay of P ermit 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 Appropri ateness—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 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;
432
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 49 of 56 ends

▪ Building permit issuance;
▪ Business license issuance;
▪ 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; and ▪ 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.

PART XVI: Development Code Table 2.03-1 (Notification Matrix) shall be amended to read as follows:

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

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

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X

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

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

ODC Section 4.01.025)
X X X

5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
X X X
433
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 50 of 56 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

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

ODC Section 4.01.035)
X X X

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

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

4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Administrative Exceptions (Ref: ODC
Section 4.02.020.C)
X

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

3. Conditional Use Permits (Ref: ODC
Section 4.02.015)

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

4. Density Bonus and Other Incentives per
ODC Section 6.01.010.G (Density Bonus and Other
Incentives) [1]
X X

5. Development Plans (Ref: ODC Section

4.02.025)

a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
X
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X
434
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 51 of 56 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

0.45 FAR
X
e. Wireless telecommunications
facilities pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this
Development Code

(1) Tier 2 facilities X
(2) Tier 3 facilities [1] X X
f. All others X

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

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

8. Historic Preservation
a. Certificates of Appropriateness
(Ref: ODC Section 4.02.050)

(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement
Structure [1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor
Improvements
X
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
X X
435
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 52 of 56 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

NOT REQUIRED
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas [Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:

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

4.02.045)

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

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

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

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

ODC Section 4.02.070)
X X X

11. Minor Variances [5] (Ref: ODC Section

4.02.020.D)
X X

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

13. Parking Reduction (Ref: ODC Section

6.03.025)
X

14. Sign Programs (Ref: ODC Section

4.02.075)
X
436
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 53 of 56 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

15. Specific Plan Minor Amendments (Ref:

ODC Section 4.02.080)
X

16. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X

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

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

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

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

1. Administrative Exceptions (Ref: ODC
Section 4.02.020.C)
X

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

3. Airport Land Use Compatibility Plan
(ALUCP) Interagency Reviews [4] (Ref: ALUCP)
X

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

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

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

ODC Section 6.08.040)
X

7. Sign Plans (Ref: ODC Section 4.03.020) X
437
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 54 of 56 ends

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification

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

9. Subdivisions
a. Certificates of Compliance (Ref:

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

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

6.08.060)
X

10. Tier 1 wireless telecommunications
facility pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

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

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

3. Ministerial Projects (Ref: CCR Section
15268)
X

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

CCR Section 15070 et seq.)
X

5. Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X
438
Planning Commission Staff Report
File No.: PDCA22-003
April 26, 2022

Page 55 of 56 ends

Notes:

[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public n otification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [3] A Large Family Day Care facility shall require notification pursuant to Subparagraph 2.03.010.C.1.b(1) of this Division. [4] Refer to the LA/Ontario International Airport Land Use Compatibility Plan for procedures for application processing and administration, and appeals processing.
[5] A Minor Variance shall require notification pursuant to Paragraph 4.02.020.D.3 (Application Filing, Processing and Hearing) of this Development Code.

PART XVII: Development Code Table 8.01 -1 (Sign Regulation Matrix) shall be amended, revising the Special Regulations for Retail Sales Events in Commercial zoning districts (Subparagraph C.1.c[2]) and Industrial zoning districts (Subparagraph E.1.c[2]), to read as follows:

“[2] Retail Sales Events and Other Similar Business Events. A retail sales event or other similar business event permitted pursuant to Subparagraph 5.03.395.G.1 of this Development Code, may be allowed temporary signage for maximum of eight, one-week periods per calendar year 7 days duration during the specified “holiday sale periods,” and during the specified “additional periods” for which a Temporary Use Permit has been issued , not to exceed a total of 56 days per calendar year. Each “additional period” may be used consecutively with “holiday sale periods,” not to exceed a total of 6 consecutive periods (42 consecutive days).

PART XVIII: Development Code Table 5.02 -1 (Land Use Matrix) shall be amended as shown in Exhibit A: Portion of Table 5.02-1 (Land Use Matrix), of this attachment.

439

Page 56 of 56 ends

Exhibit A: Portion of Table 5.02-1 (Land Use Matrix)

440
RESOLUTION NO. PC22-019

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
APPROVE FILE NO. PDCA22-003, A DEVELOPMENT CODE

AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS
ADDRESSING [1] TIME EXTENSIONS FOR DISCRETIONARY
PROJECTS (SECTION 2.02.025.B.2.C); [2] PUBLIC NOTIFICATION REQUIREMENTS FOR MINOR VARIANCES (SECTION 2.03.010); [3] ADMINISTRATIVE EXCEPT IONS (SECTIONS 4.02.020 AND 4.03.050, AND TABLES 2.02 -1 AND 2.03 -1); [4] SPECIFIC PLAN MINOR AMENDMENTS (SECTION 4.02.080); [5] HOUSING AND REASONABLE ACCOMMODATIONS (SECTIONS 4.02.035 AND 4.03.055, AND TABLES

2.02-1 AND 2.03- 1); [6] ACCESSORY DWELLING UNI TS (SECTION

5.03.010); [7] MINIMUM USEABLE REAR YARD AREA FOR SINGLE- FAMILY DWELLINGS (SECTION 5.03.011); [8] BANQUET FACILITIES ON HISTORIC PROPERTIES (SECTION 5.03.067); [9] RETAIL SALES EVENTS (SECTION 5.03.395 AND TABLE 8.01-1); [10] CONVERSION OF

GARAGES TO ACCOMMODATE ACCESSORY DWELLING UNITS
(SECTION 6.01.010); [11] DEFINITION FOR “GARAGE” (SECTION

9.01.010.G); [12] SINGLE -FAMILY TWO-UNIT PROJECTS AND URBAN LOT SPLITS, RESCINDING URGENCY ORDINANCE NO. 3200 AND
ADOPTING STANDARDS (SECTIONS 5.03.403 AN D 6.08.060, AND TABLES 2.02-1 AND 2.03-1); AND [13] CERTAIN ALLOWED LAND USES (TABLE 5.02-1), AND MAKING FINDINGS IN SUPPORT THEREOF.

WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, whic h establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario' s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of it s citizens; and

WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street , and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and

441
WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, as follows:

(1) Provisions addressing time extension limits for discretionary projects (Development Code Section 2.02.025.B.2.c) will be revised to clarify that a total of three one-year time extensions may be granted for discretionary actions, such as Development Plans, Conditional Use Permits, and Variances. Time extensions for Tentative Tract and Parcel Maps will continue to be subject to the requirements of the State’s Subdivision Map Act.

(2) Public notification requirements for Minor Variances will be added to clarify that the notification of the owners of any property that abuts a property with a proposed Minor Variance will be required to be notified of the proposed application (Development Code Section 2.03.010).

(3) Development Code provisions governing Specific Plan Minor Amendments will be retitled as “ Specific Plan Minor Adjustments and Alterations ” to help clarify the limited scope of the application (Development Code Section 4.02.080).

(4) The current Development Code provisions governing Administrative Exceptions are incorrectly classified as requiring a discretionary action and will, therefore, be rescinded. New provisions are proposed that correctly establish Administrative Exceptions as a ministerial action (Develop ment Code Sections 4.02.020 and 4.03.050, and Tables 2.02-1 and 2.03-1).

(5) The current Development Code provisions governing Housing and Reasonable Accommodations are incorrectly classified as requiring a discretionary action and will, therefore, be rescinded. New provisions are proposed that correctly establish Housing and Reasonable Accommodations as a ministerial action (Development Code Sections 4.02.035 and 4.03.055, and Tables 2.02-1 and 2.03-1).

(6) Development Code provisions governing Accessory Dwelling Units (ADUs) will be modified, adding the requirements of Assembly Bill 345, which allows for the separate conveyance of an ADU separate from the primary residence if the ADU or primary dwelling was built or developed by a qualified nonprofit corporation and certain conditions are met (Development Code Section 5.03.010).

(7) The current Development Code provisions stipulating the minimum useable rear yard area for single- family dwellings will be simplified, requiring that a traditional single-family dwelling maintain a useable rear yard area having minimum dimension of 20 FT in any horizontal direction and small lot single- family dwelling maintain a useable rear yard having a minimum dimension of 10 FT in any horizontal direction (Development Code Section 5.03.011). This revision has been proposed eliminate a conflict with current ADU provisions.

442
(8) Current Development Code provisions governing banquet facilities established in conjunction with commercial structures on historic properties will be amended to clarify that no banquet facilit ies shall be allowed in the MU -1 (Downtown Mixed Use) zoning district (Development Code Section 5.03.067). This revision will eliminate an existing conflict with Development Code Table 5.02-1 (Land Use Matrix).

(9) Current Development Code provisions governing Retail Sales Events will be modified to clarify that the provisions also cover “other similar business events.” Additionally, the current provisions that limit such event s to the holiday sale periods of President’s Day, Memorial Day, Independence Day, Labor Day, and four additional periods per year will be amended, eliminating the four stated holidays, and allowing a maximum of eight, one- week periods per calendar year (Development Code Section

5.03.395 and Table 8.01-1).

(10) Current Development Code provisions stipulating that no garage can be converted to another use unless a replacement garage is constructed on- site will be clarified to provide that a garage conversion that accommodates an ADU is exempt from the replacement garage requirement (Development Code section 6.01.010). This revision will eliminate a conflict with the Development Code’s current ADU provisions, as well as a conflict with State law.

(11) The current Development Code definition for “garage” will be amended to clarify that a garage must be enclosed on all four sides (Development Code Section

9.01.010.G).

(12) Urgency Ordinance No. 3200 was adopted by the City Council on December 21, 2021, establishing standards for single-family two-unit projects and urban lot splits in accordance with State law (Senate Bill 9). This Development Code Amendment will rescind the urgency ordinance and adopt permanent standards to be included in the Development Code (Development Code Sections 5.03.403 and 6.08.060, and Tables 2.02-1 and 2.03-1).

(13) Amend provisions for certain allowed land uses, as follows (Development Code Table 5.02-1):

(a) Technical, Trade and Vocational Schools — Conditionally permit technical, trade and vocational schools in the IG (General Industrial) zoning district. This revision would allow for the location of technical, trade and vocational schools that specialize in education and training for industrial-related industries, such as motor vehicle fabrication, repair, maintenance, and customization; truck driving; forklift driving and operation; and other industrial activities

(b) Other Residential Care Facilities — Prohibit adult residential care facilities for more than 6 persons, which do not require a State-issued license to operate, such as but not limited to group homes for the hearing or visually impaired, halfway group 443
homes for ex-offenders, group homes for unwed mothers, group homes for the disabled without nursing care, and group sober living facilities; and

WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and

WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and

WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and

WHEREAS, the P roject is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan, which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and

WHEREAS, City of Ontario Develo pment Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and

WHEREAS, on April 26, 2022, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMI NED, AND RESOLVED by the Planning Commission of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the Planning Commission has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows:

(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and 444

(2) The Project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder , pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the “common sense exemption” (also known as the “general rule exemption”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

(3) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 2: Housing Element Compliance. The Project will be consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project furthers the purposes, principals, goals, and policies of the Housing Element, in that it will provide for urban lot splits and the construction of two- unit single- family development projects , and, under certain circumstances, provides for the conveyance of accessory dwelling units separate from the main dwelling, thereby further promoting alternate forms of home rental and fee-simple homeownership.

SECTION 3: Ontario International Airport Land Use Compatibility Plan (“ALUCP”) Compliance. The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the ALUCP , establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending authority for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP compatibility factors, including [1] Safety Criteria (ALUCP Table 2-2) and Safety Zones (ALUCP Map 2-2), [2] Noise Criteria (ALUCP Table 2-3) and Noise Impact Zones (ALUCP Map 2- 3), [3] Airspace protection Zones (ALUCP Map 2- 4), and [ 4] Overflight Notification Zones (ALUCP Map 2- 5). As a result, the PLANNING COMMISSION , therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ALUCP.

SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above- referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the Planning Commission hereby concludes as follows:

445
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The Development Code Amendment will: (a) promote public participation and foster greater transparency in decision making as encouraged by The Ontario Plan; (b) serve to encourage pedestrian friendly, functional, and vibrant commercial development with a range of businesses, places to gather, and connectivity to the neighborhoods they serve, as promoted by Community Design Element CD2 -3, Commercial Centers; and (c) provide for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU1-6, Complete Community.

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

SECTION 5: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVE the herein described Development Code Amendment, File No. PDCA2 2-003, amending the City of Ontario Development Code as stipulated in “Attachment A”, incorporated herein by this reference..

SECTION 6: Indemnification. The Applicant shall agree to defend, indemnify, and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 7: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East “B” Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 8: Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.

- - - - - - - - - - - - - -

The Secretary Pro Tempore for the Planning Commission of the City of Ontario shall certify as to the adoption of this Resolution.
446
447
448
ATTACHMENT A:

Development Code Amendment
File No. PDCA22-003;

PART I: Subparagraph B.2.c of Development Code Section 2.02.025 (Time Limits and Extensions) shall be amended to read as follows:

“c. A discretionary permit or action may be granted Time Extensions in one-year increments, not to exceed a total of three, one-year time extensions, excepting tentative subdivision maps, which shall be subject to the provisions of GC Section 66452.6.”

PART II: Subparagraph C.1.b(1) of Development Code Section 2.03.010 (Public Hearing Notification) shall be amended to read as follows:

“(1) For Minor Variances, the area of notification shall include all properties having a property line common with the affected property; and”

PART III: Subsection D (Minor Variances) of Development Code Section 4.02.020 (Departures from Development Standards) shall be amended to read as follows:

C. Minor Adjustments and Alterations.

1. Purpose. Minor Adjustments and Alterations, like Variances, are intended to allow for departures from the strict application of the numerical development standards established by this Development Code, when their strict application would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the development regulations. Minor Adjustments and Alterations, however, are determined to have a lesser (minor) measure of impact than Variances, due to the limited measure of adjustment allowed; therefore, requiring a modified review process.

2. Applicability.

a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Minor Adjustments and Alterations, and to impose reasonable conditions upon the approval of the application.

b. Minor Adjustments and Alterations may be approved for:

(1) A reduction of up to 25 percent from minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; or 449

(2) A 10 percent increase in the maximum height of structures.

c. A Minor Adjustments and Alterations shall not be approved for reductions in minimum lot size, lot coverage, lot dimension, landscape coverage, parking requirements, or for an increase in maximum density or floor area ratio.

3. Application Filing, Processing and Hearing.

a. A Minor Adjustments and Alterations shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

b. The applicant and the owners of all properties having a property line common with the affected property shall be notified of the proposed Minor Adjustments and Alterations pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code. Furthermore, the notice shall state that a public hearing shall not be required unless requested by the applicant or an affected person.

c. A public hearing, if requested, shall be conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.

d. If no public hearing is requested, the Zoning Administrator shall approve, approve in modified form, or deny a Minor Adjustments and Alterations no less than 10 days following distribution of the notice required by Subparagraph C.3.b, above.

a. The strict or lite ral interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code;

b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district;

c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;

450
d. The granting of the Minor Adjustments and Alterations will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.

e. The proposed Minor Adjustments and Alterations is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.

5. Conditions of Approval.

a. In approving a Minor Variance, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

PART IV: Development Code Section 4.02.080 (Minor Specific Plan Amendments) shall be amended to read as follows:

“4.02.080: Specific Plan Minor Adjustments and Alterations

A. Purpose. The purpose of this Section is to establish a procedure by which minor departures from the strict application of the development standards and/or design guidelines established by a Specific Plan may be approved, provided the requested departure is in the interest of furthering the goals and policies of the affected Specific Plan and The Ontario Plan.

B. Applicability.

1. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Specific Plan Minor Adjustments and Alterations application, and to impose reasonable conditions upon the approval of the application.

2. The following constitute minor adjustments and/or alterations, not requiring a Specific Plan Amendment and/or update of the affected specific plan:

451
a. A net change of not more than 15 percent to the number of units within an individual reside ntial area, provided the total number of units for the entire specific plan area does not exceed that established in the affected specific plan;

b. Adjustment of a residential planning area boundary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;

c. Minor adjustments and/or alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan’s development standards and design guidelines;

d. Minor adjustments and/or alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexibl e in implementation;

e. Other adjustments and/or alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and

D. Findings and Decision. A Specific Plan Minor Adjustment and/or Alteration shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in t he Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The proposed Specific Plan Minor Adjustment and/or Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the specific plan;

452

2. The proposed Specific Plan Minor Adjustment and/or Alteration is reasonable and beneficial, and in the interest of good planning practice; and

3. The proposed Specific Plan Minor Adjustment and/or Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.”

PART V: Subsection C (Administrative Exceptions) of Development Code Section

“4.03.050: Administrative Exceptions

B. Applicability.

b. Administrative Exceptions may be approved for reductions of up to 10 percent from:

(1) Minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; and

(2) Off-street parking required for nonresidential land uses pursuant to Table 6.03-1 (Off-Street Parking Requirements).

C. Application Filing, Processing and Hearing.

453

1. An Administrative Exception shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

1. The approval of the Administrative Exception is necessary to the production of a comprehensive development, incorporating an enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under the strict application of the applicable development standards;

3. The approval of the Administrative Exception will not adversely affect the overall quality of development on the project site and will not adversely affect neighboring properties.

E. Conditions of Approval.

1. In approving an Administrative Exception, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with 454
the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.”

“4.03.055: Fair Housing and Reasonable Accommodations

A. Purpose. Pursuant to Federal and State fair housing laws, the purpose of this Section is to provide a procedure whereby exceptions from specific applications of this Development Code may be considered and properly evaluated in order to assure that no person is discriminated against on the basis of race, color, religion, sex, sexual orientation, family status, marital status, disability, national origin, source of income, or ancestry, by being denied an equal opportunity to use and enjoy a dwelling.

B. Applicability.

1. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Fair Housing and Reasonable Accommodation application and to impose reasonable conditions upon the approval of the application.

2. The Approving Authority may approve reasonable exceptions from the provisions of this Development Code, except that a Fair Housing and Reasonable Accommodation request shall not be approved that would allow the establishment of a land use that would not otherwise be allowed in the zoning district in which the affected property is located, or for increases in residential density.

1. The persons who will use the subject property are protected under federal and state fair housing laws;

2. The requested exception is necessary to make specific housing available to a person who will occupy the subject property and who is protected under federal and state fair housing laws;

3. The requested exception will not impose an undo financial or administrative burden upon the City; and

E. Conditions of Approval.

1. In approving a Fair Housing and Reasonable Accommodation application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.”

“11. Qualified Buyer. Persons and families of low or moderate income, as that term is defined in Health and Safety Code Section 50093.

PART VIII: Paragraph E.4 (No Separate Conveyance) of Section 5.03.010 (Accessory Dwelling Units) shall be amended to read as follows:
456

“4. No Separate Sale or Conveyance. An ADU or JADU may be rented; however, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single- family lot) or from the lot and all other dwellings (in the case of a multiple-family lot), except as provided by Subsection H (Sale or Conveyance of ADUs Separate from the Primary Residence)of this Section.”

PART VIX: Subsection H (Sale or Conveyance of ADUs Separate from the Primary Residence) of Section 5.03.010 (Accessory Dwelling Units) shall be added to read as follows:

“H. Sale or Conveyance of ADUs Separate from the Primary Residence.

1. The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation.

2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies al l of the requirements specified in Revenue and Taxation Code Section 402.1(10(a).

3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:

a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.

c. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence.

e. Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area 457
delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.

f. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise es tablished by law or by agreement with a third party.

g. Procedures for dispute resolution among the parties before resorting to legal action.

4. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located.

A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Revenue and Taxation Code Section 480.3.

PART X: Paragraph D.14 of Development Code Section 5.03.011 (Accessory Dwelling Units) shall be amended to read as follows:

“14. A lot developed with an Accessory Residential Structure shall maintain a useable rear yard as follows:

a. A traditional single-family dwelling shall maintain a useable rear yard area having minimum dimension of 20 FT in any horizontal direction; and

b. A small lot single-family dwelling shall maintain a useable rear yard having a minimum dimension of 10 FT in any horizontal direction.”

PART XI: Section 5.03.067 (Banquet Facilities - Historic Properties) shall be amended to read as follows:

“A. A banquet facility shall be allowed in all zoning districts within a commercial structure or on property designated as a local historic landmark, or a contributing structure within a designated historic district, established pursuant to Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservations Areas) of this Development Code, and 458
shall be subject to the regulations therein during the life of the permit, except that no banquet facility shall be allowed in the MU-1 (Downtown Mixed Use) zoning district.

B. The minimum number of parking spaces required shall be provided pursuant to Division 6.03 (Off -Street Park ing and Loading) of this Development Code. A parking demand study may be prepared by a qualified traffic consultant or engineer to support a reduction in the required number of parking spaces. The intent is to provide lower, flexible parking standards wherever possible and appropriate. Consideration shall be given to shared parking systems, on and off -street parking resources, compatibility with historic patterns of development, and the availability of mass transit resources.

Amplified prerecorded music may be permitted; however, the sound emitted from the premises shall not be audible beyond the property lines of the business establishment.

D. Alcohol beverage sales shall be allowed subject to the approval of a Conditional Use Permit issued pursuant to the requirements of Section 4.02.015 (Conditional Use Permits) and Section 5.03.025 (Alcoholic Beverage Sales) of this Development Code.

E. The applicant shall comply with all applicable building code regulations related to the change of use of the structure to a banquet facility.”

PART XII: Subparagraph G.1 (Retail Sales Events) of Development Code Section

5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) shall be amended to read as follows:

“1. Retail Sales Events and Other Similar Business Events. Retail sales events and other similar business events, including but not limited to special outdoor sales, sidewalk sales, and parking lot sales, are subject to the following:

a. A retail sales event or other similar business event s hall only be allowed in conjunction with a legally established business that has been operated for a period of at least 180 days prior to the retail sales event or other similar business event.

b. Retail sales events and other similar business events shall be limited to eight, one- week periods per calendar year, per business location. The one- week periods may be used consecutively, not to exceed a total of 56 days per calendar year.

c. The outdoor display of merchandise shall be restricted to an area directly adjacent to the business’ exterior storefront; however, in the case of shopping centers, when it is not practical for the outdoor display area to be located directly adjacent to the business front, the sale area shall be located in an area as close as pract ically possible, to the business’ exterior storefront.
459

d. The display of merchandise shall not impede pedestrian or vehicular circulation.

e. All merchandise, materials, signs, and debris shall be removed from the outdoor area by 9:00AM following the last day of the retail sales event.”

PART XIII: Paragraph F.8 of Development Code Section 6.01.010 (Residential Zoning Districts) shall be amended to read as follows:

“8. Conversion of Garages. No garage shall be converted to another use unless a replacement garage is constructed on-site, which meets the minimum requirements of Division 6.03 (Off -Street Parking and Loading) of this Chapter, excepting a garage conversion to accommodate an Accessory Dwelling Units conforming to Section 5.03.010 (Accessory Dwelling Units) of this Development Code.”

“Garage. An acces sory structure or portion of a main structure that is fully enclosed and designed for the shelter or storage of motor vehicles.”

PART XV: Rescind Ordinance No. 3200, an urgency ordinance establishing standards for the development of Single- Family Two -Unit Projects and Urban Lot Splits, and Development Code Section 5.03.403 (Single- Family Two -Unit Projects) and Section

6.08.060 (Urban Lot Splits) shall be added to read as follows:

“Section 5.03.403: Single-Family Two-Unit Projects
A. Purpose. The purpose of this Section is to allow and appropriately regulate Single- Family Two-Unit Projects pursuant to GC Section 65852.21.

C. Application.

1. Only individual property owners may apply for a Two- Unit Project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any 460
corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

2. An application for a Two- Unit Project shall be submitted on a Cit y application form.

3. The applicant shall obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days following application submittal.

D. Approval.

1. An application for a Two-Unit Project is approved or denied ministerially, by the Planning Director, without discretionary review.

2. The ministerial approval of a Two-Unit Project does not take effect until the City has confirmed that all required documents have been recorded, such as the deed restriction and easements.

3. The approval shall require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

E. Requirements. A Two-Unit Project shall satisfy all of the following requirements:

1. Subdivision Map Act (SMA) Compliance. The lot shall have been legally subdivided.

2. Z oning District . The lot is in a single- family residential zoning district. For the purpose of this Section, the term “single- family residential zoning district” shall mean the LRD -5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.
461

3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(2) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

4. Not Historic. The lot shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark, or as a historic property or district.

5. N
o Impact on Protected Housing . The Two-Unit Project shall not require or include the demolition or alteration of any of the following types of housing:
462
a. Housing that is income- restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit Standards.
a. Quantity.
(1) No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to Section 5.03.403 (Two- Unit Projec ts) of this Development Code, or an ADU or JADU created pursuant to State law and Section 5.03.010 (Accessory Dwelling Unit) of this
Development Code.
(2) A lot that is not created by an Urban Lot Split may have a Two- Unit Project as provided by this Section, plus any ADU or JADU that shall be allowed pursuant to State law and Section

5.03.010 (Accessory Dwelling Unit) of this Development
Code.
b. Unit Size.
(1) The total floor area of each primary dwelling that is developed under this Section shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
(2) A primary dwelling that was legally established on the lot prior to the Two-Unit Project and is larger than 800 SF is limited to 463
the lawful floor area at the time of the Two- Unit Project. The unit may not be expanded.
(3) A primary dwelling that was legally established prior to the Two-Unit Project and is smaller than 800 SF may be
expanded to 800 SF after or as part of the Two-Unit Project. c. Height Restrictions.
(1) On a lot that is larger than 2,000 SF, no new primary dwelling unit may exceed one-story or 16 FT in height, measured from grade to peak of the structure.
(2) On a lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two- stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a Two-Unit Project. d. Demo Cap. The Two-Unit Project shall not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last 3 years.
e. Lot Coverage. [Include a lot coverage standard here if desired.] This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each. f. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.6.f above:
(a) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(b) C
annot Preclude Construction of Two 800- SF Units
and 4-FT Side/Rear Setbacks. The setbacks imposed
464
by the underlying zoning district shall yield to the
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a
side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this code, dwellings that are constructed under this Section shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and
(b) Allow for vehicular and fire- safety access to the front structure.
g. Parking. Each new primary dwelling unit shall have at least one off - street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one- half mile walking distance of either
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail
transit service, or
(iii) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located wi thin one block of a permanently established car-share vehicle pickup/drop-off location. h. Architecture.
465
(1) If there is a legal primary dwelling on the lot that was established before the Two- Unit Project, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Two- Unit Project, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch.

The dominant roof pitch means the slope shared by the
largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights. (4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and
prevent a direct line of sight.
(5) If any portion of a dwelling is less than 30 FT from a property line that is not a public street right -of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and doors) utilize frosted or obscure glass.
i. Walls, Fences, and Obstructions.
(1) A lot comprising a Two-Unit Project shall be provided with 6- FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind
the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Chapter

6.0 (Development and Subdivision Regulations), (Division

6.02 (Walls, Fences, and Obstructions) of this Development Code.
466
j. Landscaping. A lot comprising a Two- Unit Project shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Chapter 6.0 (Development and Subdivision Regulations), Division 6.05 (Landscaping) of this Development Code.
k. Nonconforming Conditions . A Two -Unit Project shall be approved only if all nonconforming zoning conditions are corrected. l. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater
treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
m. Building & Safety. All structures built on a lot comprising a Two-Unit Project shall comply with all current local building standards. A project under this Section is a change of use and subjects the whole of the lot, and all structures, to the City’s current code.

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone shall comply with each of the following fire- hazard mitigation measures:
a. It shall have direct access to a public street right-of-way with a paved street with a width of at least 40 FT. The public street right -of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site shall comply with current fire code requirements for dwellings in a very high fire hazard severity zone. c. All enclosed structures on the site shall have fire sprinklers. d. All sides of all dwellings on the site shall be within a 150- FT hose- pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.
467

10. Notice of Construction.
a. At least 30 business days before starting any construction of a Two- Unit Project, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for construction- related complaints), and
(5) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.
468

11. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an Urban Lot Split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. e. States that the property is formed by an Urban Lot Split and is therefore subject to the City’s Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this Section, the City may deny an application for a Two- Unit Project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. The term “specific adverse impact” has the same meaning as in GC Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a Two -Unit Project violates any part of this Development Code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The City may:
469
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law, this Development Code, or the City’s Municipal Code.”

“Section 6.08.060: Urban Lot Splits
A. Purpose. The purpose of this Section is to allow and appropriately regulate Urban Lot Splits pursuant to GC Section 66411.7.

B. Definition. An “Urban Lot Split” means the subdivision of an existing, legally subdivided lot into two lots pursuant to the requirements of this Section.

C. Application.

1. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the City Engineer, without discretionary review.

2. A tentative parcel map for an Urban Lot Split shall be approved ministerially if it complies with all the requirements of thi s Section. The tentative parcel map may not be recorded. A final parcel map shall be approved ministerially as well, but not until the owner demonstrates that all required documents have been recorded, such as the deed restriction and easements. The tentative parcel map shall expire 3 months following approval.

3. The approval shall require the owner and applicant to hold the City of Ontario harmless from all claims and damages related to the approval and its subject matter.

E. Requirements. An Urban Lot Split shall satisfy each of the following requirements:

1. Subdivision Map Act Compliance.
a. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (GC Section 66410 et seq., “SMA”), including implementing requirements in this Development Code, except as otherwise expressly provided in this Section. b. If an Urban Lot Split violates any part of the SMA, the City’s subdivision regulations, including this Section, or any other legal requirement:
(1) The buyer or grantee of a lot that is created by the Urban Lot Split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(2) The City has all the remedies available to it under the SMA, including but not limited to the following:
(a) An action to enjoin any attempt to sell, lease, or finance the property.
(b) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
471
(c) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(d) Record a notice of violation.
(e) Withhold any or all future permits and approvals.
c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights- of-way or construction of offsite improvements is required for an Urban Lot Split.

2. Zoning D istrict. The lot to be split is in a single- family residential zoning district. For purposes of this Section, the term “single- family residential zoning district” shall mean the LDR-5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.

3. Lot Location . Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(2) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
472
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory.

Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. N
o Prior Urban Lot Split .
a. The lot to be split was not established through a prior Urban Lot Split. b. The lot to be split is not adjacent to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this Section, the term “any person acting in concert with the owner” shall include any third-party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.

6. No Impact on Protected Housing. The Urban Lot Split shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income- restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the 473
applicant and owner as necessary to determine compliance with this requirement.

10. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to State law and Section 5.03.403 (Two-Unit Projects) of this Development Code, or an ADU or JADU created pursuant to Section 5.03.010 (Accessory Dwelling Unit) of this Development Code.
b. Unit Size.
(1) The total floor area of each primary dwelling that is developed on a lot resulting from an Urban Lot Split shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
474
(2) A primary dwelling that was legally established prior to the Urban Lot Split and that is larger than 800 SF is limited to the lawful floor area at the time of the Urban Lot Split and shall not be expanded
(3) A primary dwelling that was legally established prior to the Urban Lot Split and is smaller than 800 SF may be expanded to a maximum of 800 SF after the Urban Lot Split.
c. Height Restrictions.
(1) On a resulting lot that is 2,000 SF or larger, no new primary dwelling unit may exceed one- story or 16 FT in height, measured from grade to peak of the structure.
(2) On a resulting lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two- stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an Urban Lot Split. d. Lot Coverage. Maximum lot cove rage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each.
e. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.10.e above:
(a) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(b) C
annot Preclude Construction of Two 800- SF Units
and 4-FT Side/Rear Setbacks. The setbacks imposed
by the underlying zoning district shall yield to the
degree necessary to avoid physically precluding the
475
construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a
side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this Development Code, dwellings that are constructed after an Urban Lot Split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and
(b) Allow for vehicular and fire- safety access to the front structure.
f. Parking. Each new primary dwelling unit shall have at least one off - street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one- half mile walking distance of either
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail
transit service, or
(iii) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located within one block of a permanently established car-share vehicle pickup/drop-off location. g. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit shall match the existing primary dwelling unit with 476
respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch.

The dominant roof pitch means the slope shared by the
largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights. (4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and
prevent a direct line of sight.
(5) If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street right -of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Walls, Fences, and Obstructions.
(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind
the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division

6.02 (Walls, Fences, and Obstructions) of this Chapter. i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter.
477
j. Nonconforming Conditions . An Urban Lot Split may be appr oved without requiring a legal nonconforming zoning condition to be corrected.
k. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resul ting lots that is or that is proposed to be connected to an onsite wastewater
treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
l. Building & Safety. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards. An Urban Lot Split is a change of use.

11. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
(1) It shall have direct access to a public street right -of-way with a paved street with a width of at least 40 FT. The public street right-of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
(3) All enclosed structures on the site shall have fire sprinklers. (4) All sides of all dwellings on the site shall be within a 150 -FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
(5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire- authority standard pump and hose equipment.
b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this subpart E.11 . The City or its 478
authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application. The applicant shall pay the City’s costs for inspection. Failure to pay is grounds for denying the application.

12. Separate Conveyance.
a. On a lot created by an Urban Lot Split:
(1) Primary dwelling units cannot be owned or conveyed
separately from each other.
(2) Condominium airspace divisions and common interest
developments are prohibited.
(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners. b. Separate conveyance of lots created by an Urban Lot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Regulation of Uses.
a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.
b. No Short Term Rentals . No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days. c. Owner Occupancy. The applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of 3 years after the Urban Lot Split is approved.

14. Notice of Construction.
a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the 479
adjacent residential parcels, which notice shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for construction- related complaints), and
(5) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

15. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential land use of the lots created by the Urban Lot Split.
c. Expressly prohibits any separate conveyance of a primary dwelli ng on the property, any separate fee interest, and any common interest development within the lot.
d. States that the property is formed by an Urban Lot Split and is, therefore, subject to the City’s Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

2. The term “specific adverse impact” has the same meaning as in GC Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.”

PART XVI: Development Code Table 2.02-1 (Review Matrix) shall be amended to read as follows:

R = Advisory (Recommending) Authority
X = Approving Authority
A = Appeal Authority

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

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

2. Development Agreements [1] (Ref: ODC Section

4.01.015)
R X

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

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

4.01.025)
R X

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

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

7. Williamson Act Contract Cancellations [1] (Ref:

GC Section 51200 et seq.)
R X

8. Zone Changes [1] (Ref: ODC Section 4.01.040) R X 481
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission
[11]
City Council [11]
Ontario International
Airport Authority
B. DISCRETIONARY PERMITS AND ACTIONS

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

2. Conditional Use Permits (Ref: ODC Section

4.02.015)

a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]

R X A
c. Use established within an existing structure
[1]

X A A
d. Modification or revocation per ODC Division

2.05 (City Initiated Modification or Revocation) [1]
X A
e. Revocation due to abandonment of use per
ODC Division 2.05 (City Initiated Modification or Revocation) [1]

X A A

3. Density Bonus and Other Incentives per ODC
Section 6.01.010.G (Density Bonus and Other Incentives) [1]
R X

4. Development Plans (Ref: ODC Section 4.02.025)
a. Residential developments totaling 5 or more
dwelling units or the development of 3 or more dwelling units on a single lot or parcel

R X A
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC zoning
districts, greater than 500 SF in area

X A A
c. Industrial developments equal to or less than

0.45 FAR

X A A
d. Industrial developments exceeding 0.45 FAR R X A e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless Telecommunications Facilities) of this Development Code

(1) Tier 2 facilities X A A
(2) Tier 3 facilities [1] R X A
f. All others X A A

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

X A A

6. Historic Preservation
a. Certificates of Appropriateness (Ref: ODC
Section 4.02.050)

482
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission
[11]
City Council [11]
Ontario International
Airport Authority
(1) Designated Historic Landmarks and
Contributors, and Architectural Conservation Areas; and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement Structure [1] R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1] R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship [1] (Ref:

4.02.060)
X A A
e. Historic Resource Tiering (Ref: ODC Section

4.02.040), including Rescinding or Amending Status (Ref:

ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local District
Designations, and Architectural Conservation Areas (Ref:

ODC Section 4.02.040), including Rescinding or Amending Status (Ref: ODC Section 4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC Section

4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC Section

4.02.065)
R R X
i. Addition/Removal of Resources to/from the
Ontario Register (Ref: ODC Section 4.02.045)

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

X A A

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

X A A

8. Master Plans and Amendments [1] (Ref: ODC
Section 4.02.070)
R X
483
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission
[11]
City Council [11]
Ontario International
Airport Authority

9. Minor Adjustments and Alterations (Ref: ODC
Section 4.02.020.D)

X A A

10. Nonconforming Structure Reconstruction [1] (Ref:

ODC Section 3.01.020)
X A

11. Parking Reduction (Ref: ODC Section 6.03.025) X A

12. Sign Programs (Ref: ODC Section 4.02.075) X A A

13. Specific Plan Minor Adjustments and Alterations
(Ref: ODC Section 4.02.080)

X A A

14. Stays of Permit Approval Time Limit (Ref: ODC
Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]

15. Subdivisions
a. Lot Merger (Merger of Contiguous Parcels)
[1] (Ref: ODC Section 4.02.085)

R X A
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)

R X A
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)

R X A
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)

R X A

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

X A A

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

DECISIONS

1. Administrative Exceptions (Ref: ODC Section

4.02.020.C)

X A A

2. Administrative Use Permits (Ref: ODC Section

4.03.015)
X

3. Airport Land Use Compatibility Plan (ALUCP)
Interagency Reviews [7] (Ref: ALUCP)
X A[8]

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

X A A

5. Development Applications within the ONT zoning
district
X

6. Landscape and Irrigation Plans (Ref. ODC
Section 6.05.005)

X A A
484
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
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

7. Off-Site (Public) Improvement Plans (Ref: ODC
Section 6.08.040)

X A A

8. Other Plan Checks required by this Development
Code

X A A

9. Shopping Cart Retention Plans (Ref: ODC Section

6.11.020)

X A A

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

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

X A A

12. Subdivisions
a. Certificates of Compliance (Ref: ODC
Section 4.03.025)

X A A
b. Final Tract and Parcel Maps, and Vesting
Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC Section

4.03.035)

X A A
d. Map Corrections and Amendments (Ref:

ODC Section 4.03.040)

X A A
e. Street Address Numbering (Ref. ODC
Section 6.06.010)

X A A
f. Street Name Assignment (Ref. ODC Section

6.06.010)

X A A
g. Subdivision Improvement Agreement (Ref:

ODC Section 6.08.040.G)

X A A
h. Urban Lot Split (Ref: ODC Section 6.08.060) X A A

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

X A A

14. Wall, Fence, and Obstructions Plans (Ref. ODC
Section 6.02.005)

X A A

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

X A A
D. ENVIRONMENTAL DETERMINATIONS AND

ACTIONS

1. Environmental Impact Reports (EIRs) (Ref: CCR
Section 15080 et seq.)
X[3] X[3]

2. Exempt Projects (Ref: CCR Section 15300 et
seq.)
X[3] X[3] X[3] X[3] X[3] A A
485
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission
[11]
City Council [11]
Ontario International
Airport Authority

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

4. Negative Declarations (NDs) and Mitigated
Negative Declarations (MNDs) (Ref: CCR Section 15070 et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]

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

6. Environmental review for projects located within
the ONT zoning district [9]
X

Notes:

[1] A public hearing is required pursuant to the procedures set forth in Division 2.03 (Public Hearings) of this Development Code; however, public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [2] The Approving Authority may refer any application subject to their review to the next higher authority (Appeal Authority). [3] The Approving Authority for environmental determinations/actions shall be the same as the related legislative or discretionar y actions. NDs and MNDs, and Addendums to previously certified EIRs, and previously adopted NDs or MNDs, which are not associated with, or are independent of, legislative or discretionary actions, shall be subject to Development Advisory Board review and adoption. EIRs that are not associated with, or are independent of, legislative or discretionary actions shall be subject to Planning Commission review and certification.
[4] An application submitted for concurrent review and action with another application, action or decision requiring review and action by a higher Reviewing Authority may be subject to concurrent review and action by that higher Reviewing Authority upon their request.
[5] The Approving Authority responsible for issuing a “Stay of Permit Approval Time Limit” pursuant to Section 2.02.025 (Projects Involving Pending Litigation) of the Development Code, shall be the same as for the related application, action or decision. [6] An appeal of an Historic Preservation—Certificate of Appropriateness—Waiver shall be considered by the Historic Preservation Subcommittee, except that an Historic Preservation—Waiver for an Historic Landmark shall be considered by the Historic Preservation Commission
[7] Refer to the 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;
 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;
486
 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.

PART XVII: Development Code Table 2.03-1 (Notification Matrix) shall be amended to read as follows:

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

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

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X

3. Development Code Amendments [1] (Ref:

ODC Section 4.01.020)
X

4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref: ODC
Section 4.01.025)
X X X

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

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

ODC Section 4.01.035)
X X X

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

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

4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Billboard Relocation Agreements [1] (Ref:

ODC Section 4.02.010)
X

2. Conditional Use Permits (Ref: ODC Section

4.02.015)

487
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
a. Hotels, Motels and Residence Inns [1] X X
b. Use established in conjunction with a
Development Plan [1]
X X
c. Use established within an existing
structure [1]
X X
d. Modification or revocation per ODC
Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
e. Revocation due to abandonment of
use per ODC Division 2.05 (City Initiated Modification
or Revocation) [1]
X X

3. Density Bonus and Other Incentives per
ODC Section 6.01.010.G (Density Bonus and Other
Incentives) [1]
X X

4. Development Plans (Ref: ODC Section

4.02.025)

0.45 FAR
X
e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this Development
Code

(1) Tier 2 facilities X
(2) Tier 3 facilities [1] X X
f. All others X

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

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

ODC Section 4.02.050)

488
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement Structure
[1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor Improvements X
b. Certificates of Economic Hardship [1]
(Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05 (City
Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC Section

4.02.045)
X
g. Mills Act Contracts (Ref: ODC Section

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

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

7. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X
489
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

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

ODC Section 4.02.070)
X X X

9. Minor Adjustments and Alterations [5] (Ref:

ODC Section 4.02.020.D)
X X

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

11. Parking Reduction (Ref: ODC Section

6.03.025)
X

12. Sign Programs (Ref: ODC Section 4.02.075) X

13. Specific Plan Minor Adjustments and
Alterations (Ref: ODC Section 4.02.080)
X

14. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X

15. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X X
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
X X
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)
X X
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
X

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

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

1. Administrative Exceptions (Ref: ODC
Section 4.02.020.C)
X

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

3. Airport Land Use Compatibility Plan
(ALUCP) Interagency Reviews [4] (Ref: ALUCP)
X

4. Fair Housing and Reasonable
Accommodation Ref: ODC Section 4.02.035)
X
490
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

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

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

ODC Section 6.08.040)
X

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

8. Single-Family Two-Unit Developments (Ref:

ODC Section 5.03.403)
X

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

6.08.060)
X

10. Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

1. Environmental Impact Reports (EIRs) (Ref:

CCR Section 15080 et seq.)
X X X

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

3. Ministerial Projects (Ref: CCR Section
15268)
X

4. Negative Declarations (NDs) and Mitigated
Negative Declarations (MNDs) (Ref: CCR Section
15070 et seq.)
X
491
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

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

Notes:

[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority.
[3] A Large Family Day Care facility shall require notification pursuant to Subparagraph 2.03.010.C.1.b(1) of this Division. [4] Refer to the LA/Ontario International Airport Land Use Compatibility Plan for procedures for application processing and administration, and appeals processing.
[5] A Minor Adjustments and Alterations shall require notification pursuant to Paragraph 4.02.020.D.3 (Application Filing, Processing and Hearing) of this Development Code.

PART XVIII: Development Code Table 8.01- 1 (Sign Regulation Matrix) shall be amended, revising the Special Regulations for Retail Sales Events in Commercial zoning districts (Subparagraph C.1.c[2]) and Industrial zoning districts (Subparagraph E.1.c[2]), to read as follows:

PART XIX: Development Code Table 5.02- 1 (Land Use Matrix) shall be amended as shown in Exhibit A: Portion of Table 5.02-1 (Land Use Matrix), of this attachment.

492
Exhibit A: Portion of Table 5.02-1 (Land Use Matrix)

493
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA22-003, A DEVELOPMENT

CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS ADDRESSING [1] TIME EXTENSIONS FOR
DISCRETIONARY PROJECTS (SECTION 2.02.025.B.2.C); [2] PUBLIC

NOTIFICATION REQUIREMENTS FOR MINOR VARIANCES (SECTION

2.03.010); [3] ADMINISTRATIVE EXCEPTIONS (SECTIONS 4.02.020 AND 4.03.050, AND TABLES 2.02-1 AND 2.03-1); [4] SPECIFIC PLAN MINOR AMENDMENTS (SECTION 4.02.080); [5] HOUSING AND
REASONABLE ACCOMMODATIONS (SECTIONS 4.02.035 AND

4.03.055, AND TABLES 2.02-1 AND 2.03-1); [6] ACCESSORY DWELLING UNITS (SECTION 5.03.010); [7] MINIMUM USEABLE REAR YARD AREA FOR SINGLE-FAMILY DWELLINGS (SECTION 5.03.011); [8] BANQUET FACILITIES ON HISTORIC PROPERTIES (SECTION 5.03.067); [9] RETAIL SALES EVENTS (SECTION 5.03.395 AND TABLE 8.01-1); [10]

CONVERSION OF GARAGES TO ACCOMMODATE ACCESSORY
DWELLING UNITS (SECTION 6.01.010); [11] DEFINITION FOR
“GARAGE” (SECTION 9.01.010.G); [12] SINGLE-FAMILY TWO-UNIT

PROJECTS AND URBAN LOT SPLITS, RESCINDING URGENCY
ORDINANCE NO. 3200 AND ADOPTING STANDARDS (SECTIONS

5.03.403 AND 6.08.060, AND TABLES 2.02-1 AND 2.03-1); AND [13] CERTAIN ALLOWED LAND USES (TABLE 5.02-1), AND MAKING
FINDINGS IN SUPPORT THEREOF.

WHEREAS, The City of Ontario ("Applicant") has initiated a Development Code Amendment, File No. PDCA22-003, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, as follows:
494
(1) Provisions addressing time extension limits for discretionary projects (Development Code Section 2.02.025.B.2.c) will be revised to clarify that a total of three one-year time extensions may be granted for discretionary actions, such as Development Plans, Conditional Use Permits, and Variances. Time extensions for Tentative Tract and Parcel Maps will continue to be subject to the requirements of the State’s Subdivision Map Act.
(2) Public notification requirements for Minor Variances will be added to clarify that the notification of the owners of any property that abuts a property with a proposed Minor Variance will be required to be notified of the proposed application. Additionally, Minor Variances will be retitled as “Minor Adjustments and Alterations” (Development Code Sections 2.03.010 and 4.02.020).
(3) Development Code provisions governing Specific Plan Minor Amendments will be retitled as “Specific Plan Minor Adjustments and Alterations” to help clarify the limited scope of the application (Development Code Section 4.02.080). (4) The current Development Code provisions governing Administrative Exceptions are incorrectly classified as requiring a discretionary action and will, therefore, be rescinded. New provisions are proposed that correctly establish Administrative Exceptions as a ministerial action (Development Code Sections 4.02.020 and 4.03.050, and Tables 2.02-1 and 2.03-1).
(5) The current Development Code provisions governing Housing and Reasonable Accommodations are incorrectly classified as requiring a discretionary action and will, therefore, be rescinded. New provisions are proposed that correctly establish Housing and Reasonable Accommodations as a ministerial action (Development Code Sections 4.02.035 and 4.03.055, and Tables 2.02-1 and 2.03-1). (6) Development Code provisions governing Accessory Dwelling Units (ADUs) will be modified, adding the requirements of Assembly Bill 345, which allows for the separate conveyance of an ADU separate from the primary residence if the ADU or primary dwelling was built or developed by a qualified nonprofit corporation and certain conditions are met (Development Code Section 5.03.010). (7) The current Development Code provisions stipulating the minimum useable rear yard area for single-family dwellings will be simplified, requiring that a traditional single-family dwelling maintain a useable rear yard area having minimum dimension of 20 FT in any horizontal direction and small lot single-family dwelling maintain a useable rear yard having a minimum dimension of 10 FT in any horizontal direction (Development Code Section 5.03.011). This revision has been proposed eliminate a conflict with current ADU provisions.
(8) Current Development Code provisions governing banquet facilities established in conjunction with commercial structures on historic properties will be amended to clarify that no banquet facilities shall be allowed in the MU-1 (Downtown Mixed Use) zoning district (Development Code Section 5.03.067). This revision will eliminate an existing conflict with Development Code Table 5.02-1 (Land Use Matrix). 495
(9) Current Development Code provisions governing Retail Sales Events will be modified to clarify that the provisions also cover “other similar business events.” Additionally, the current provisions that limit such events to the holiday sale periods of President’s Day, Memorial Day, Independence Day, Labor Day, and four additional periods per year will be amended, eliminating the four stated holidays, and allowing a maximum of eight, one-week periods per calendar year (Development Code Section

5.03.395 and Table 8.01-1).
(10) Current Development Code provisions stipulating that no garage can be converted to another use unless a replacement garage is constructed on-site will be clarified to provide that a garage conversion that accommodates an ADU is excepted from the replacement garage requirement (Development Code section 6.01.010). This revision will eliminate a conflict with the Development Code’s current ADU provisions, as well as a conflict with State law.
(11) The current Development Code definition for “garage” will be amended to clarify that a garage must be enclosed on all four sides (Development Code Section

9.01.010.G).
(12) Urgency Ordinance No. 3200 was adopted by the City Council on December 21, 2021, establishing standards for single-family two-unit projects and urban lot splits in accordance with State law (Senate Bill 9). This Development Code Amendment will rescind the urgency ordinance and adopt permanent standards to be included in the Development Code (Development Code Sections 5.03.403 and 6.08.060, and Tables 2.02-1 and 2.03-1).
(13) Amend provisions for certain allowed land uses, as follows (Development Code Table 5.02-1):
(a) Technical, Trade and Vocational Schools — Conditionally permit technical, trade and vocational schools in the IG (General Industrial) zoning district. This revision would allow for the location of technical, trade and vocational schools that specialize in education and training for industrial-related industries, such as motor vehicle fabrication, repair, maintenance, and customization; truck driving; forklift driving and operation; and other industrial activities
(b) Other Residential Care Facilities — Prohibit adult residential care facilities for more than 6 persons, which do not require a State-issued license to operate, such as but not limited to group homes for the hearing or visually impaired, halfway group homes for ex-offenders, group homes for unwed mothers, group homes for the disabled without nursing care, and group sober living facilities.

WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
496
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan, which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on April 26, 2022, as the first action on the Application, the Planning Commission of the City of Ontario conducted a public hearing to consider the Project and concluded said hearing on that date, voting to issue Resolution No. PC22-019 recommending the City Council approve the proposed Development Code Amendment; and WHEREAS, on June 7, 2022, the City Council of the City of Ontario conducted a public hearing to consider the introduction of this Ordinance, and concluded said hearing on that date; and
WHEREAS, on June 21, 2022, as the final action on the Application, the City Council of the City of Ontario conducted a hearing to consider the adoption of this Ordinance and concluded said hearing on that date.

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Environmental Determination and Findings. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and (2) The Project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the “common sense exemption” (also known as the “general rule exemption”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where 497
it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and (3) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 2. Housing Element Compliance. The Project will be consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project furthers the purposes, principals, goals, and policies of the Housing Element, in that it will provide for urban lot splits and the construction of two-unit single- family development projects, and, under certain circumstances, provides for the conveyance of accessory dwelling units separate from the main dwelling, thereby further promoting alternate forms of home rental and fee-simple homeownership.

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

SECTION 4. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The Development Code Amendment will: (a) promote public participation and foster greater transparency in decision making as encouraged by The Ontario Plan; (b) serve to encourage pedestrian friendly, functional, and vibrant commercial development with a range of businesses, places to gather, and connectivity to the neighborhoods they serve, as promoted by Community Design Element CD2-3, Commercial Centers; and (c) provide for a variety of land uses and building types in our land use planning efforts that result in a complete community where 498
residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU1-6, Complete Community. (2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

SECTION 5. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described Development Code Amendment, File No. PDCA22-003, amending the City of Ontario Development Code as stipulated in “Attachment A”, incorporated herein by this reference.

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

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

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

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

PASSED, APPROVED, AND ADOPTED this ____ day of June 2022. _____________________________________
PAUL S. LEON, MAYOR
499
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
500

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held June 7, 2022, and adopted at the regular meeting held ______, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held June ___, 2022, and that Summaries of the Ordinance were published on ___________, 2022, and _____________, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
501
ATTACHMENT A:

Development Code Amendment
File No. PDCA22-003;
PART I: Subparagraph B.2.c of Development Code Section 2.02.025 (Time Limits and Extensions) shall be amended to read as follows:
“c. A discretionary permit or action may be granted Time Extensions in one-year increments, not to exceed a total of three, one-year time extensions, excepting tentative subdivision maps, which shall be subject to the provisions of GC Section 66452.6.”
PART II: Subparagraph C.1.b(1) of Development Code Section 2.03.010 (Public Hearing Notification) shall be amended to read as follows:
“(1) For Minor Variances, the area of notification shall include all properties having a property line common with the affected property; and” PART III: Subsection D (Minor Variances) of Development Code Section 4.02.020 (Departures from Development Standards) shall be amended to read as follows:

C. Minor Adjustments and Alterations.

2. Applicability.
a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Minor Adjustments and Alterations, and to impose reasonable conditions upon the approval of the application.
b. Minor Adjustments and Alterations may be approved for:
(1) A reduction of up to 25 percent from minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; or (2) A 10 percent increase in the maximum height of structures. c. A Minor Adjustments and Alterations shall not be approved for reductions in minimum lot size, lot coverage, lot dimension, landscape coverage, parking requirements, or for an increase in maximum density or floor area ratio. 502

3. Application Filing, Processing and Hearing.
a. A Minor Adjustments and Alterations shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
b. The applicant and the owners of all properties having a property line common with the affected property shall be notified of the proposed Minor Adjustments and Alterations pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code. Furthermore, the notice shall state that a public hearing shall not be required unless requested by the applicant or an affected person. c. A public hearing, if requested, shall be conducted pursuant to Division 2.03 (Public Hearings) of this Development Code. d. If no public hearing is requested, the Zoning Administrator shall approve, approve in modified form, or deny a Minor Adjustments and Alterations no less than 10 days following distribution of the notice required by Subparagraph C.3.b, above.

4. Findings and Decision. A Minor Adjustments and Alterations shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code; b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district; c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Minor Adjustments and Alterations will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.
e. The proposed Minor Adjustments and Alterations is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code. 503

5. Conditions of Approval.
a. In approving a Minor Variance, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

PART IV: Development Code Section 4.02.080 (Minor Specific Plan Amendments) shall be amended to read as follows:
“4.02.080: Specific Plan Minor Adjustments and Alterations A. Purpose. The purpose of this Section is to establish a procedure by which minor departures from the strict application of the development standards and/or design guidelines established by a Specific Plan may be approved, provided the requested departure is in the interest of furthering the goals and policies of the affected Specific Plan and The Ontario Plan.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Specific Plan Minor Adjustments and Alterations application, and to impose reasonable conditions upon the approval of the application.

2. The following constitute minor adjustments and/or alterations, not requiring a Specific Plan Amendment and/or update of the affected specific plan:
a. A net change of not more than 15 percent to the number of units within an individual residential area, provided the total number of units for the entire specific plan area does not exceed that established in the affected specific plan; b. Adjustment of a residential planning area boundary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;
c. Minor adjustments and/or alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan’s development standards and design guidelines;
504
d. Minor adjustments and/or alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation;
e. Other adjustments and/or alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and
f. Adjustments in street alignments and dimensions that as deemed appropriate by the City Engineer, which are in keeping with the purpose and intent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, provided the changes do not impact the sizing of master planned infrastructure, C. Application Filing, Processing and Hearing. A Specific Plan Minor Amendment application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.

D. Findings and Decision. A Specific Plan Minor Adjustment and/or Alteration shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

2. The proposed Specific Plan Minor Adjustment and/or Alteration is reasonable and beneficial, and in the interest of good planning practice; and

3. The proposed Specific Plan Minor Adjustment and/or Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.” PART V: Subsection C (Administrative Exceptions) of Development Code Section

4.02.020 (Administrative Exceptions, Minor Variances and Variances) shall be rescinded and all subsequent existing provisions of Development Code Section 4.02.020 shall be renumbered in correct alphanumeric order. Development Code Section 4.03.050 (Administrative Exceptions) shall be added to read as follows:
“4.03.050: Administrative Exceptions
A. Purpose. The Administrative Exception is hereby established for the purpose of granting minor departures from the strict application of certain numerical development standards established by this Development Code, when the departure would result in 505
superior site, landscape, or architectural design features that could not otherwise be incorporated into a development project under the strict application of the development standards contained in this Development Code.

B. Applicability.
a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Administrative Exception application, and to impose reasonable conditions upon the approval of the application.
b. Administrative Exceptions may be approved for reductions of up to 10 percent from:
(1) Minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; and
(2) Off-street parking required for nonresidential land uses pursuant to Table 6.03-1 (Off-Street Parking Requirements). c. An Administrative Exception shall not be approved for reductions from minimum lot size, lot dimensions, landscape coverage, or residential parking requirements, or for an increase in maximum density, floor area ratio, or the height of a structure.

C. Application Filing, Processing and Hearing.

1. An Administrative Exception shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

D. Findings and Decision. An Administrative Exception shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and any comments received from property owners notified pursuant to Subparagraph C.3.b of this Section, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The approval of the Administrative Exception is necessary to the production of a comprehensive development, incorporating an enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under the strict application of the applicable development standards;
506

3. The approval of the Administrative Exception will not adversely affect the overall quality of development on the project site and will not adversely affect neighboring properties.

E. Conditions of Approval.

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.”
PART VI: Development Code Section 4.02.035 (Fair Housing and Reasonable Accommodations) shall be rescinded and Development Code Section 4.03.055 (Fair Housing and Reasonable Accommodations) shall be added to read as follows:
“4.03.055: Fair Housing and Reasonable Accommodations
A. Purpose. Pursuant to Federal and State fair housing laws, the purpose of this Section is to provide a procedure whereby exceptions from specific applications of this Development Code may be considered and properly evaluated in order to assure that no person is discriminated against on the basis of race, color, religion, sex, sexual orientation, family status, marital status, disability, national origin, source of income, or ancestry, by being denied an equal opportunity to use and enjoy a dwelling.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Fair Housing and Reasonable Accommodation application and to impose reasonable conditions upon the approval of the application.
507

2. The Approving Authority may approve reasonable exceptions from the provisions of this Development Code, except that a Fair Housing and Reasonable Accommodation request shall not be approved that would allow the establishment of a land use that would not otherwise be allowed in the zoning district in which the affected property is located, or for increases in residential density.

1. The persons who will use the subject property are protected under federal and state fair housing laws;

2. The requested exception is necessary to make specific housing available to a person who will occupy the subject property and who is protected under federal and state fair housing laws;

3. The requested exception will not impose an undo financial or administrative burden upon the City; and

E. Conditions of Approval.

1. In approving a Fair Housing and Reasonable Accommodation application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.”
508
PART VII: Paragraphs C.11 (Qualified Buyer) and C.12 (Qualified Nonprofit Corporation) of Development Code Section 5.03.010 (Accessory Dwelling Units) shall be added to read as stated below. All subsequent existing provisions contained in Subsection C (Definitions) shall be renumbered in correct alphanumeric order. “11. Qualified Buyer. Persons and families of low or moderate income, as that term is defined in Health and Safety Code Section 50093.

12. Qualified Nonprofit Corporation. A nonprofit corporation organized pursuant to Internal Revenue Code Section 501(c)(3), which has received a welfare exemption under Revenue and Taxation Code Section 214.15, for properties intended to be sold to low-income families who participate in a special no-interest loan program.” PART VIII: Paragraph E.4 (No Separate Conveyance) of Section 5.03.010 (Accessory Dwelling Units) shall be amended to read as follows:
“4. No Separate Sale or Conveyance. An ADU or JADU may be rented; however, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all other dwellings (in the case of a multiple-family lot), except as provided by Subsection H (Sale or Conveyance of ADUs Separate from the Primary Residence)of this Section.” PART VIX: Subsection H (Sale or Conveyance of ADUs Separate from the Primary Residence) of Section 5.03.010 (Accessory Dwelling Units) shall be added to read as follows:
“H. Sale or Conveyance of ADUs Separate from the Primary Residence.

1. The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation.

3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
b. A repurchase option that requires the qualified buyer to first offer the purchase of the ADU or primary dwelling to the qualified nonprofit corporation should the buyer desire to later sell or convey the property.
509
c. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence.
d. Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensures the ADU and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
e. Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied. f. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
g. Procedures for dispute resolution among the parties before resorting to legal action.

4. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located.

A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Revenue and Taxation Code Section 480.3.

5. Notwithstanding the requirements of Paragraph G.2 (Utility Fees) of this Section, if requested by a utility providing service to the primary residence, the ADU shall be provided separate water, sewer, or electrical connection to that utility.” PART X: Paragraph D.14 of Development Code Section 5.03.011 (Accessory Dwelling Units) shall be amended to read as follows:
“14. A lot developed with an Accessory Residential Structure shall maintain a useable rear yard as follows:
a. A traditional single-family dwelling shall maintain a useable rear yard area having minimum dimension of 20 FT in any horizontal direction; and b. A small lot single-family dwelling shall maintain a useable rear yard having a minimum dimension of 10 FT in any horizontal direction.” 510
PART XI: Section 5.03.067 (Banquet Facilities - Historic Properties) shall be amended to read as follows:
“A. A banquet facility shall be allowed in all zoning districts within a commercial structure or on property designated as a local historic landmark, or a contributing structure within a designated historic district, established pursuant to Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservations Areas) of this Development Code, and shall be subject to the regulations therein during the life of the permit, except that no banquet facility shall be allowed in the MU-1 (Downtown Mixed Use) zoning district.

B. The minimum number of parking spaces required shall be provided pursuant to Division 6.03 (Off-Street Parking and Loading) of this Development Code. A parking demand study may be prepared by a qualified traffic consultant or engineer to support a reduction in the required number of parking spaces. The intent is to provide lower, flexible parking standards wherever possible and appropriate. Consideration shall be given to shared parking systems, on and off-street parking resources, compatibility with historic patterns of development, and the availability of mass transit resources.

Amplified prerecorded music may be permitted; however, the sound emitted from the premises shall not be audible beyond the property lines of the business establishment.

E. The applicant shall comply with all applicable building code regulations related to the change of use of the structure to a banquet facility.” PART XII: Subparagraph G.1 (Retail Sales Events) of Development Code Section

5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) shall be amended to read as follows:
“1. Retail Sales Events and Other Similar Business Events. Retail sales events and other similar business events, including but not limited to special outdoor sales, sidewalk sales, and parking lot sales, are subject to the following:
a. A retail sales event or other similar business event shall only be allowed in conjunction with a legally established business that has been operated for a period of at least 180 days prior to the retail sales event or other similar business event. b. Retail sales events and other similar business events shall be limited to eight, one-week periods per calendar year, per business location. The one-week periods may be used consecutively, not to exceed a total of 56 days per calendar year. 511
c. The outdoor display of merchandise shall be restricted to an area directly adjacent to the business’ exterior storefront; however, in the case of shopping centers, when it is not practical for the outdoor display area to be located directly adjacent to the business front, the sale area shall be located in an area as close as practically possible, to the business’ exterior storefront.
d. The display of merchandise shall not impede pedestrian or vehicular circulation.
e. All merchandise, materials, signs, and debris shall be removed from the outdoor area by 9:00AM following the last day of the retail sales event.” PART XIII: Paragraph F.8 of Development Code Section 6.01.010 (Residential Zoning Districts) shall be amended to read as follows:
“8. Conversion of Garages. No garage shall be converted to another use unless a replacement garage is constructed on-site, which meets the minimum requirements of Division 6.03 (Off-Street Parking and Loading) of this Chapter, excepting a garage conversion to accommodate an Accessory Dwelling Units conforming to Section 5.03.010 (Accessory Dwelling Units) of this Development Code.”
PART XIV: Subsection G (Definition of Words Beginning with the Letter “G”) of Development Code Section 9.01.010 (Terms and Phrases) shall be amended, revising the definition of “garage” as follows:
“Garage. An accessory structure or portion of a main structure that is fully enclosed and designed for the shelter or storage of motor vehicles.” PART XV: Rescind Ordinance No. 3200, an urgency ordinance establishing standards for the development of Single-Family Two-Unit Projects and Urban Lot Splits, and Development Code Section 5.03.403 (Single-Family Two-Unit Projects) and Section

6.08.060 (Urban Lot Splits) shall be added to read as follows:
“Section 5.03.403: Single-Family Two-Unit Projects
A. Purpose. The purpose of this Section is to allow and appropriately regulate Single- Family Two-Unit Projects pursuant to GC Section 65852.21.

C. Application.

1. Only individual property owners may apply for a Two-Unit Project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C 512
corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

2. An application for a Two-Unit Project shall be submitted on a City application form.

3. The applicant shall obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days following application submittal.

D. Approval.

1. An application for a Two-Unit Project is approved or denied ministerially, by the Planning Director, without discretionary review.

2. The ministerial approval of a Two-Unit Project does not take effect until the City has confirmed that all required documents have been recorded, such as the deed restriction and easements.

3. The approval shall require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

E. Requirements. A Two-Unit Project shall satisfy all of the following requirements:

1. Subdivision Map Act (SMA) Compliance. The lot shall have been legally subdivided.

2. Zoning District. The lot is in a single-family residential zoning district. For the purpose of this Section, the term “single-family residential zoning district” shall mean the LRD-5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.

3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
513
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(2) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

4. Not Historic. The lot shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark, or as a historic property or district.

5. No Impact on Protected Housing. The Two-Unit Project shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060–7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
514
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit Standards.
a. Quantity.
(1) No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to Section 5.03.403 (Two-Unit Projects) of this Development Code, or an ADU or JADU created pursuant to State law and Section 5.03.010 (Accessory Dwelling Unit) of this
Development Code.
(2) A lot that is not created by an Urban Lot Split may have a Two- Unit Project as provided by this Section, plus any ADU or JADU that shall be allowed pursuant to State law and Section

5.03.010 (Accessory Dwelling Unit) of this Development
Code.
b. Unit Size.
(1) The total floor area of each primary dwelling that is developed under this Section shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
(2) A primary dwelling that was legally established on the lot prior to the Two-Unit Project and is larger than 800 SF is limited to the lawful floor area at the time of the Two-Unit Project. The unit may not be expanded.
(3) A primary dwelling that was legally established prior to the Two-Unit Project and is smaller than 800 SF may be
expanded to 800 SF after or as part of the Two-Unit Project. c. Height Restrictions.
(1) On a lot that is larger than 2,000 SF, no new primary dwelling unit may exceed one-story or 16 FT in height, measured from grade to peak of the structure.
515
(2) On a lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two-stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a Two-Unit Project. d. Demo Cap. The Two-Unit Project shall not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last 3 years.
e. Lot Coverage. [Include a lot coverage standard here if desired.] This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each. f. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.6.f above:
(a) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(b) Cannot Preclude Construction of Two 800-SF Units
and 4-FT Side/Rear Setbacks. The setbacks imposed
by the underlying zoning district shall yield to the
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a
side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this code, dwellings that are constructed under this Section shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and
516
(b) Allow for vehicular and fire-safety access to the front structure.
g. Parking. Each new primary dwelling unit shall have at least one off- street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one-half mile walking distance of either
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail
transit service, or
(iii) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located within one block of a permanently established car-share vehicle pickup/drop-off location. h. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Two-Unit Project, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Two- Unit Project, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch.

The dominant roof pitch means the slope shared by the
largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights. (4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, 517
or privacy glass may be used to provide screening and
prevent a direct line of sight.
(5) If any portion of a dwelling is less than 30 FT from a property line that is not a public street right-of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and doors) utilize frosted or obscure glass.
i. Walls, Fences, and Obstructions.
(1) A lot comprising a Two-Unit Project shall be provided with 6- FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind
the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Chapter

6.0 (Development and Subdivision Regulations), (Division

6.02 (Walls, Fences, and Obstructions) of this Development Code.
j. Landscaping. A lot comprising a Two-Unit Project shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Chapter 6.0 (Development and Subdivision Regulations), Division 6.05 (Landscaping) of this Development Code.
k. Nonconforming Conditions . A Two-Unit Project shall be approved only if all nonconforming zoning conditions are corrected. l. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater
treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
m. Building & Safety. All structures built on a lot comprising a Two-Unit Project shall comply with all current local building standards. A 518
project under this Section is a change of use and subjects the whole of the lot, and all structures, to the City’s current code.

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
a. It shall have direct access to a public street right-of-way with a paved street with a width of at least 40 FT. The public street right-of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site shall comply with current fire code requirements for dwellings in a very high fire hazard severity zone. c. All enclosed structures on the site shall have fire sprinklers. d. All sides of all dwellings on the site shall be within a 150-FT hose- pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

10. Notice of Construction.
519
a. At least 30 business days before starting any construction of a Two- Unit Project, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for construction- related complaints), and
(5) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

11. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an Urban Lot Split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. e. States that the property is formed by an Urban Lot Split and is therefore subject to the City’s Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this Section, the City may deny an application for a Two-Unit Project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 520

2. The term “specific adverse impact” has the same meaning as in GC Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a Two-Unit Project violates any part of this Development Code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

B. Definition. An “Urban Lot Split” means the subdivision of an existing, legally subdivided lot into two lots pursuant to the requirements of this Section.

C. Application.

1. Only individual property owners may apply for an Urban Lot Split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or 521
corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

D. Approval.

1. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the City Engineer, without discretionary review.

3. The approval shall require the owner and applicant to hold the City of Ontario harmless from all claims and damages related to the approval and its subject matter.

E. Requirements. An Urban Lot Split shall satisfy each of the following requirements:

1. Subdivision Map Act Compliance.
a. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (GC Section 66410 et seq., “SMA”), including implementing requirements in this Development Code, except as otherwise expressly provided in this Section. b. If an Urban Lot Split violates any part of the SMA, the City’s subdivision regulations, including this Section, or any other legal requirement:
(1) The buyer or grantee of a lot that is created by the Urban Lot Split has all the remedies available under the SMA, including 522
but not limited to an action for damages or to void the deed, sale, or contract.
(2) The City has all the remedies available to it under the SMA, including but not limited to the following:
(a) An action to enjoin any attempt to sell, lease, or finance the property.
(b) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(c) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(d) Record a notice of violation.
(e) Withhold any or all future permits and approvals.
c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights- of-way or construction of offsite improvements is required for an Urban Lot Split.

2. Zoning District. The lot to be split is in a single-family residential zoning district. For purposes of this Section, the term “single-family residential zoning district” shall mean the LDR-5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.

3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
523
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(2) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.

4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory.

Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior Urban Lot Split. b. The lot to be split is not adjacent to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this Section, the term “any person acting in concert with the owner” shall include any third-party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.

6. No Impact on Protected Housing. The Urban Lot Split shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060–7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is 524
sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

10. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to State law and Section 5.03.403 (Two-Unit Projects) of this Development Code, or an ADU or JADU created pursuant to Section 5.03.010 (Accessory Dwelling Unit) of this Development Code.
b. Unit Size.
525
(1) The total floor area of each primary dwelling that is developed on a lot resulting from an Urban Lot Split shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
(2) A primary dwelling that was legally established prior to the Urban Lot Split and that is larger than 800 SF is limited to the lawful floor area at the time of the Urban Lot Split and shall not be expanded
(3) A primary dwelling that was legally established prior to the Urban Lot Split and is smaller than 800 SF may be expanded to a maximum of 800 SF after the Urban Lot Split.
c. Height Restrictions.
(1) On a resulting lot that is 2,000 SF or larger, no new primary dwelling unit may exceed one-story or 16 FT in height,
measured from grade to peak of the structure.
(2) On a resulting lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two-stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an Urban Lot Split. d. Lot Coverage . Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each.
e. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.10.e above:
(a) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(b) Cannot Preclude Construction of Two 800-SF Units
and 4-FT Side/Rear Setbacks. The setbacks imposed
by the underlying zoning district shall yield to the
526
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a
side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this Development Code, dwellings that are constructed after an Urban Lot Split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and
(b) Allow for vehicular and fire-safety access to the front structure.
f. Parking. Each new primary dwelling unit shall have at least one off- street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one-half mile walking distance of either
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail
transit service, or
(iii) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located within one block of a permanently established car-share vehicle pickup/drop-off location. g. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant 527
roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch.

The dominant roof pitch means the slope shared by the
largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights. (4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and
prevent a direct line of sight.
(5) If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street right-of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Walls, Fences, and Obstructions.
(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind
the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division

6.02 (Walls, Fences, and Obstructions) of this Chapter. i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter.
j. Nonconforming Conditions . An Urban Lot Split may be approved without requiring a legal nonconforming zoning condition to be corrected.
528
k. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater
treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
l. Building & Safety. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards. An Urban Lot Split is a change of use.

11. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
(1) It shall have direct access to a public street right-of-way with a paved street with a width of at least 40 FT. The public street right-of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
(3) All enclosed structures on the site shall have fire sprinklers. (4) All sides of all dwellings on the site shall be within a 150-FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
(5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this subpart E.11. The City or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application. The applicant shall pay the City’s costs for inspection. Failure to pay is grounds for denying the application. 529

12. Separate Conveyance.
a. On a lot created by an Urban Lot Split:
(1) Primary dwelling units cannot be owned or conveyed
separately from each other.
(2) Condominium airspace divisions and common interest
developments are prohibited.
(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners. b. Separate conveyance of lots created by an Urban Lot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Regulation of Uses.
a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.
b. No Short Term Rentals . No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days. c. Owner Occupancy. The applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of 3 years after the Urban Lot Split is approved.

14. Notice of Construction.
a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
530
(4) Contact information for the project manager (for construction- related complaints), and
(5) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

15. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential land use of the lots created by the Urban Lot Split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that the property is formed by an Urban Lot Split and is, therefore, subject to the City’s Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

2. The term “specific adverse impact” has the same meaning as in GC Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.” 531
PART XVI: Development Code Table 2.02-1 (Review Matrix) shall be amended to read as follows:

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

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

2. Development Agreements [1] (Ref: ODC Section

4.01.015)
R X

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

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

4.01.025)
R X

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

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

7. Williamson Act Contract Cancellations [1] (Ref:

GC Section 51200 et seq.)
R X

8. Zone Changes [1] (Ref: ODC Section 4.01.040) R X
B. DISCRETIONARY PERMITS AND ACTIONS

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

2. Conditional Use Permits (Ref: ODC Section

4.02.015)
a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]
R X A
c. Use established within an existing structure
[1]
X A A
d. Modification or revocation per ODC Division

2.05 (City Initiated Modification or Revocation) [1]
X A
e. Revocation due to abandonment of use per
ODC Division 2.05 (City Initiated Modification or Revocation) [1]
X A A

3. Density Bonus and Other Incentives per ODC
Section 6.01.010.G (Density Bonus and Other Incentives) [1]
R X
532
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission
[11]
City Council [11]
Ontario International
Airport Authority

4. Development Plans (Ref: ODC Section 4.02.025)
a. Residential developments totaling 5 or more
dwelling units or the development of 3 or more dwelling units on a single lot or parcel
R X A
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC zoning
districts, greater than 500 SF in area
X A A
c. Industrial developments equal to or less than

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

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

6. Historic Preservation
a. Certificates of Appropriateness (Ref: ODC
Section 4.02.050)
(1) Designated Historic Landmarks and
Contributors, and Architectural Conservation Areas; and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement Structure [1] R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1] R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship [1] (Ref:

4.02.060)
X A A
e. Historic Resource Tiering (Ref: ODC Section

4.02.040), including Rescinding or Amending Status (Ref:

ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local District
Designations, and Architectural Conservation Areas (Ref:

ODC Section 4.02.040), including Rescinding or Amending Status (Ref: ODC Section 4.02.045)
R R X
533
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission
[11]
City Council [11]
Ontario International
Airport Authority
g. Mills Act Contracts (Ref: ODC Section

4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC Section

4.02.065)
R R X
i. Addition/Removal of Resources to/from the
Ontario Register (Ref: ODC Section 4.02.045)
(1) At the request of the property owner, or
upon City initiation if the most recently prepared Historic Resource Survey evaluating the resource is more than 5
years old.

X A A

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

8. Master Plans and Amendments [1] (Ref: ODC
Section 4.02.070)
R X

9. Minor Adjustments and Alterations (Ref: ODC
Section 4.02.020.D)
X A A

10. Nonconforming Structure Reconstruction [1] (Ref:

ODC Section 3.01.020)
X A

11. Parking Reduction (Ref: ODC Section 6.03.025) X A

12. Sign Programs (Ref: ODC Section 4.02.075) X A A

13. Specific Plan Minor Adjustments and Alterations
(Ref: ODC Section 4.02.080)
X A A

14. Stays of Permit Approval Time Limit (Ref: ODC
Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]

15. Subdivisions
a. Lot Merger (Merger of Contiguous Parcels)
[1] (Ref: ODC Section 4.02.085)
R X A
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A

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

17. Variances (Ref: ODC Section 4.02.020.E)
a. Homeowner [1] X A A
b. Other [1] R X A
534
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
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
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND

DECISIONS

1. Administrative Exceptions (Ref: ODC Section

4.02.020.C)
X A A

2. Administrative Use Permits (Ref: ODC Section

4.03.015)
X

3. Airport Land Use Compatibility Plan (ALUCP)
Interagency Reviews [7] (Ref: ALUCP)
X A[8]

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

5. Development Applications within the ONT zoning
district
X

6. Landscape and Irrigation Plans (Ref. ODC
Section 6.05.005)
X A A

7. Off-Site (Public) Improvement Plans (Ref: ODC
Section 6.08.040)
X A A

8. Other Plan Checks required by this Development
Code
X A A

9. Shopping Cart Retention Plans (Ref: ODC Section

6.11.020)
X A A

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

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

12. Subdivisions
a. Certificates of Compliance (Ref: ODC
Section 4.03.025)
X A A
b. Final Tract and Parcel Maps, and Vesting
Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC Section

4.03.035)
X A A
d. Map Corrections and Amendments (Ref:

ODC Section 4.03.040)
X A A
e. Street Address Numbering (Ref. ODC
Section 6.06.010)
X A A
f. Street Name Assignment (Ref. ODC Section

6.06.010)
X A A
g. Subdivision Improvement Agreement (Ref:

ODC Section 6.08.040.G)
X A A
h. Urban Lot Split (Ref: ODC Section 6.08.060) X A A

13. Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.420 (Wireless
Telecommunications Facilities)
X A A
535
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
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

14. Wall, Fence, and Obstructions Plans (Ref. ODC
Section 6.02.005)
X A A

15. Fair Housing and Reasonable Accommodation
(Ref: ODC Section 4.02.035)
X A A
D. ENVIRONMENTAL DETERMINATIONS AND

ACTIONS

1. Environmental Impact Reports (EIRs) (Ref: CCR
Section 15080 et seq.)
X[3] X[3]

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

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

4. Negative Declarations (NDs) and Mitigated
Negative Declarations (MNDs) (Ref: CCR Section 15070 et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]

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

6. Environmental review for projects located within
the ONT zoning district [9]
X
Notes:
[1] A public hearing is required pursuant to the procedures set forth in Division 2.03 (Public Hearings) of this Development Code; however, public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [2] The Approving Authority may refer any application subject to their review to the next higher authority (Appeal Authority). [3] The Approving Authority for environmental determinations/actions shall be the same as the related legislative or discretionary actions. NDs and MNDs, and Addendums to previously certified EIRs, and previously adopted NDs or MNDs, which are not associated with, or are independent of, legislative or discretionary actions, shall be subject to Development Advisory Board review and adoption. EIRs that are not associated with, or are independent of, legislative or discretionary actions shall be subject to Planning Commission review and certification.
[4] An application submitted for concurrent review and action with another application, action or decision requiring review and action by a higher Reviewing Authority may be subject to concurrent review and action by that higher Reviewing Authority upon their request.
[5] The Approving Authority responsible for issuing a “Stay of Permit Approval Time Limit” pursuant to Section 2.02.025 (Projects Involving Pending Litigation) of the Development Code, shall be the same as for the related application, action or decision. [6] An appeal of an Historic Preservation—Certificate of Appropriateness—Waiver shall be considered by the Historic Preservation Subcommittee, except that an Historic Preservation—Waiver for an Historic Landmark shall be considered by the Historic Preservation Commission
[7] Refer to the 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;
536
 Building permit issuance;
 Business license issuance;
 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.

PART XVII: Development Code Table 2.03-1 (Notification Matrix) shall be amended to read as follows:

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

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

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X

3. Development Code Amendments [1] (Ref:

ODC Section 4.01.020)
X

4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref: ODC
Section 4.01.025)
X X X

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

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

ODC Section 4.01.035)
X X X

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

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

4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS
537
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper— 1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

1. Billboard Relocation Agreements [1] (Ref:

ODC Section 4.02.010)
X

2. Conditional Use Permits (Ref: ODC Section

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

3. Density Bonus and Other Incentives per
ODC Section 6.01.010.G (Density Bonus and Other
Incentives) [1]
X X

4. Development Plans (Ref: ODC Section

4.02.025)
a. Residential developments totaling 5 or
more dwelling units or the development of 3 or more
dwelling units on a single lot or parcel
X
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC zoning
districts, greater than 500 SF in area
X
c. Industrial developments equal to or
less than 0.45 FAR
X
d. Industrial developments exceeding

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

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

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

ODC Section 4.02.050)
538
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper— 1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement Structure
[1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor Improvements X
b. Certificates of Economic Hardship [1]
(Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05 (City
Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC Section

4.02.045)
X
g. Mills Act Contracts (Ref: ODC Section

4.02.065)
X
h. Mills Act Cancellations [1] X X
i. Addition/Removal of Resources to/from
the Ontario Register (Ref: ODC Section 4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.

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

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

ODC Section 4.02.070)
X X X

9. Minor Adjustments and Alterations [5] (Ref:

ODC Section 4.02.020.D)
X X
539
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper— 1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

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

11. Parking Reduction (Ref: ODC Section

6.03.025)
X

12. Sign Programs (Ref: ODC Section 4.02.075) X

13. Specific Plan Minor Adjustments and
Alterations (Ref: ODC Section 4.02.080)
X

14. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X

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

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

1. Administrative Exceptions (Ref: ODC
Section 4.02.020.C)
X

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

3. Airport Land Use Compatibility Plan
(ALUCP) Interagency Reviews [4] (Ref: ALUCP)
X

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

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

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

ODC Section 6.08.040)
X

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

8. Single-Family Two-Unit Developments (Ref:

ODC Section 5.03.403)
X

9. Subdivisions
540
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery
[2]
Newspaper— 1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
a. Certificates of Compliance (Ref: ODC
Section 4.03.025)
X
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X
e. Street Address Numbering (Ref. ODC
Section 6.06.010)
X
f. Street Name Assignment (Ref. ODC
Section 6.06.010)
X
g. Subdivision Improvement Agreement
(Ref: ODC Section 6.08.040.G)
X
h. Urban Lot Split (Ref: ODC Section

6.08.060)
X

10. Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

1. Environmental Impact Reports (EIRs) (Ref:

CCR Section 15080 et seq.)
X X X

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

3. Ministerial Projects (Ref: CCR Section
15268)
X

4. Negative Declarations (NDs) and Mitigated
Negative Declarations (MNDs) (Ref: CCR Section
15070 et seq.)
X

5. Addendums to previously certified EIRs and
previously adopted NDs and MNDs (Ref: CCR Section
15164)
X
Notes:
[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority.
[3] A Large Family Day Care facility shall require notification pursuant to Subparagraph 2.03.010.C.1.b(1) of this Division. [4] Refer to the LA/Ontario International Airport Land Use Compatibility Plan for procedures for application processing and administration, and appeals processing.
[5] A Minor Adjustments and Alterationsshall require notification pursuant to Paragraph 4.02.020.D.3 (Application Filing, Processing and Hearing) of this Development Code.
541
PART XVIII: Development Code Table 8.01-1 (Sign Regulation Matrix) shall be amended, revising the Special Regulations for Retail Sales Events in Commercial zoning districts (Subparagraph C.1.c[2]) and Industrial zoning districts (Subparagraph E.1.c[2]), to read as follows:
“[2] Retail Sales Events and Other Similar Business Events. A retail sales event or other similar business event permitted pursuant to Subparagraph 5.03.395.G.1 of this Development Code, may be allowed temporary signage for maximum of eight, one-week periods per calendar year, not to exceed a total of 56 days per calendar year.

PART XIX: Development Code Table 5.02-1 (Land Use Matrix) shall be amended as shown in Exhibit A: Portion of Table 5.02-1 (Land Use Matrix), of this attachment. 542
Exhibit A: Portion of Table 5.02-1 (Land Use Matrix)
543
Department: Integrated Waste
Prepared By: Blaine M Ishii
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 35
SUBJECT:

INTRODUCTION OF ORDINANCE AMENDING CHAPTER 3 OF TITLE 6 OF VOLUME I

OF THE ONTARIO MUNICIPAL CODE REGARDING INTEGRATED SOLID WASTE

MANAGEMENT COLLECTION FREQUENCY

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council introduce and waive further reading of the ordinance amending Chapter 3 of Title 6 of Volume I of the Ontario Municipal Code Regarding Integrated Solid Waste Management Collection Frequency and Finding the Action Exempt from CEQA.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

There is no direct fiscal impact associated with the recommended action.

BACKGROUND & ANALYSIS:

The City of Ontario (the “City”) provides for the removal of solid waste from commercial facilities. Integrated Waste, a department of the City’s Public Works Agency, carries out solid waste removal duties within the City and provides service to various commercial facilities within the City’s jurisdiction. Recently, the Integrated Waste Department has experienced multiple “dead runs,” whereby its collection services have observed empty or nearly-empty containers at various commercial facilities where service is currently provided multiple times per week.

The Ontario Municipal Code currently requires the Integrated Waste Department to engage in collection services from these locations at a frequency that results in dead runs, which has impacted the Integrated Waste Department’s ability to schedule service for other customers.

Reducing the frequency of collections at these commercial locations where such service is unnecessary will allow the Public Works Agency to better allocate its resources to meet demand in areas where its services are required.

The proposed Ordinance would amend Section 6.3.201, subdivision (b), of Title 6 of the Ontario Municipal Code to allow the City Administrator to adjust collection frequency based upon a ﬁnding 544
that lower collection frequency and/or fewer containers are suﬃcient to maintain the premises in a clean and sanitary condition, and provided that such changes would not result in the accumulation of putrescible materials on the premises for more than one week. The proposed Ordinance requires two written notiﬁcations to the customer listed on the City’s billing records, notifying the customer of the Administrator’s determination and giving the customer the opportunity to appeal the adjustment in service levels.
545
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 3 OF TITLE 6 OF VOLUME I OF

THE ONTARIO MUNICIPAL CODE REGARDING INTEGRATED SOLID

WASTE MANAGEMENT COLLECTION FREQUENCY AND FINDING THE
ACTION EXEMPT FROM CEQA.

WHEREAS, the City of Ontario (“City”) currently provides for the removal of solid waste from commercial facilities in keeping with its goal to maintain a safe, clean, and sanitary community; and
WHEREAS, the Public Works Agency has experienced multiple “dead runs” in its collection at various commercial facilities in which service is provided for empty or nearly empty containers; and
WHEREAS, the Public Works Agency has been impacted in its ability to schedule service for customers because it has been required to make collections to commercial facilities, even when such collections were unnecessary; and WHEREAS, reducing collection service when such service is unnecessary allows the Public Works Agency to devote its resources to areas with higher demand for waste collection; and
WHEREAS, the City Council recognizes the need to balance the operational efficiency of its Public Works Agency with its requirements regarding the frequency of waste collection.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

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

SECTION 2. Subdivision (b) of Section 6.3.201, “Accumulations,” of Title 6 of the Ontario Municipal Code is hereby amended to read in full as follows:

Sec. 6-3.201. Accumulations.
(b) The Administrator may require a greater number of collections per week or may require placement of additional containers upon finding that an unhealthful, unsightly, or public nuisance exists under the current service level. The Administrator may also reduce the number of collections per week or permit fewer containers upon a finding that the lower collection frequency and/or fewer containers are sufficient to maintain the premises in a clean and sanitary condition and will not result in putrescible materials accumulating for greater than one week. In either event, the customer will be charged for collections and/or containers at the current fee schedule. Prior to imposing such service 546
and rate adjustments, the City shall provide at least two (2) written notifications, at least seven (7) days apart, to the customer as listed on the City billing. The customer may appeal such a determination in writing to the City Manager within seven (7) days of the second notice. The City shall not impose the service adjustments until the seven (7) day appeal period has passed, or if appealed, until the City Manager determines the outcome of the appeal.

SECTION 3. Section 6-3.312, “Commercial collection frequency,” of Title 6 of the Ontario Municipal Code is hereby amended to read in full as follows:

Sec. 6-3.312. Commercial collection frequency.

All non-organic waste, recycling, green waste and other organics generated at commercial establishments shall generally be collected a minimum of one (1) time per week. Roll-off service shall generally be provided a minimum of one (1) time every fourteen (14) days if the collection material is free from putrescible material, or the container may be removed. However, in all cases, the Administrator may increase or decrease the minimum level of required collection service pursuant to the procedures in § 6-3.201.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 5. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

SECTION 6. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
547
PASSED, APPROVED, AND ADOPTED this __ day of ______, 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
548

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. ____ was duly introduced at a regular meeting of the City Council of the City of Ontario held June 7, 2022 and adopted at the regular meeting held _________, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. ____ duly passed and adopted by the Ontario City Council at their regular meeting held , 2022 and that Summaries of the Ordinance were published on _________, 2022 and _________, 2022, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
549
Department: Investments & Revenue Resources
Prepared By: Nicole Phillips
Staff Member Presenting:

Armen Harkalyan, Executive Director of Finance
Reviewed By: Cecilia House, Armen Harkalyan
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 36
SUBJECT:

A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 42 (WEST HAVEN) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8 MILLION AND RELATED

MATTERS

CITY OF ONTARIO
Agenda Report
June
7, 2022
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council consider and adopt a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 42 (West Haven) Special Tax Bonds, Series 2022.

A
.

Authorize the issuance of special tax bonds for public improvements required to facilitate the development of the West Haven project and the Ontario Ranch development; B
.

Approve the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement; C
.

Authorize a negotiated sale of the special tax bonds to Stifel, Nicolaus & Company, Incorporated (the "Underwriter") in accordance with the terms of the Bond Purchase Agreement; and
D
.

Authorize the execution of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, a deemed ﬁnal certiﬁcation in connection with the Preliminary Oﬃcial Statement, a ﬁnal Oﬃcial Statement and other documents in connection with the issuance of the bonds by the City Manager or the other specified authorized officers.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The use of Mello-Roos ﬁnancing for public facilities in the residential development of the West Haven project in the Ontario Ranch development is estimated to generate approximately $8 million, based on current market interest rates, which will be used to help fund a portion of the public infrastructure improvements that will serve the project. The Resolution 550
authorizing the issuance of City of Ontario Community Facilities District No. 42 (West Haven) Special Tax Bonds, Series 2022, and related matters, limits the principal amount of the bonds to $8 million.

The City currently expects the bonds to be sold no later than June, 2022; however, such schedule could change based on market volatility and market conditions. Since Mello-Roos bonds are not a direct obligation of the City and are paid from special taxes levied on each taxable parcels in the applicable community facilities district, there is no impact to the General Fund from the issuance of Mello-Roos bonds. Annual approval by the City Council will be required to process the special tax levies necessary to fund the ongoing debt service obligations of Ontario Community Facilities District No. 42 (West Haven).

BACKGROUND & ANALYSIS:

The Mello-Roos Community Facilities Act of 1982 provides local government, with the requisite consent and approval from the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to fund governmental services and to ﬁnance various kinds of public infrastructure facilities. Under the Mello-Roos Act, the initial steps in the formation of a community facilities district to ﬁnance public improvements are adopting a resolution declaring the City's intention to establish a community facilities district and levy special taxes, and a resolution to issue bonds. On July 17, 2018 the City Council, in accordance with the Mello-Roos Act, took the initial steps in the formation of the District with the adoption of Resolution No. 2018-100, declaring the City's intention to establish the District and to authorize the levy of special taxes, and Resolution No. 2018-101 deeming it necessary for the District to incur bonded indebtedness. On August 21, 2018, the City Council adopted Resolution No. 2018-116 forming the District. Based on a successful property owner election held on August 21, 2018, the City Council adopted Ordinance No. 3113 on September 4, 2018 authorizing the levy of special taxes within the District to ﬁnance public improvements related to the West Haven project. The public improvements to be financed by the District are as follows:

Water and Recycled Water System Facilities
Sewer System Facilities
Streets and Traffic Circulation System Facilities
Fiber Optic System Facilities

The West Haven project addresses the residential development of approximately 46.80 gross acres located generally east of Turner Avenue, west of Haven Avenue, south of Riverside Drive, and north of Schafer Avenue. At build out, the development is projected to include 196 detached units.

The proposed Resolution references several bond documents and other matters related to the proposed issuance of bonds by City of
Ontario
Community Facilities District No. 42 (West Haven).

The documents are listed below and are on file with the Records Management Department:

Indenture;
Bond Purchase Agreement;
Continuing Disclosure Agreement; and
Preliminary Official Statement
551
RESOLUTION NO. ________

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

CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 42 (WEST HAVEN) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $8,000,000, AUTHORIZING THE EXECUTION AND

DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT

AND A CONTINUING DISCLOSURE AGREEMENT, AUTHORIZING THE

DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION

THEREWITH AND AUTHORIZING THE EXECUTION OF NECESSARY
DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.

WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”) has formed City of Ontario Community Facilities District No. 42 (West Haven) (the “Community Facilities District”) under the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”); and

WHEREAS, the Community Facilities District is authorized under the Act to levy special taxes (the “Special Taxes”) to pay for the costs of certain public facilities (the “Facilities”) and to issue bonds payable from the Special Taxes; and WHEREAS, in order to provide funds to finance certain of the Facilities, the Community Facilities District proposes to issue its City of Ontario Community Facilities District No. 42 (West Haven) Special Tax Bonds, Series 2022 (the “Series 2022 Bonds”), in the aggregate principal amount of not to exceed $8,000,000; and WHEREAS, in order to provide for the authentication and delivery of the Series 2022 Bonds, to establish and declare the terms and conditions upon which the Series 2022 Bonds are to be issued and secured and to secure the payment of the principal thereof, premium, if any, and interest thereon, the Community Facilities District proposes to enter into an Indenture with Zions Bancorporation, National Association, as trustee (the “Trustee”) (such Indenture, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Indenture”); and
WHEREAS, Stifel, Nicolaus & Company, Incorporated (the “Underwriter”), has presented the Community Facilities District with a proposal, in the form of a Bond Purchase Agreement, to purchase the Series 2022 Bonds from the Community Facilities District (such Bond Purchase Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Purchase Agreement”); and
WHEREAS, Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (“Rule 15c2-12”) requires that, in order to be able to purchase or sell the Series 2022 Bonds, the underwriter thereof must have reasonably determined that the Community Facilities District has, or one or more appropriate obligated persons have, undertaken in 552
a written agreement or contract for the benefit of the holders of the Series 2022 Bonds to provide disclosure of certain financial information and certain listed events on an ongoing basis; and
WHEREAS, in order to cause such requirement to be satisfied, the Community Facilities District desires to enter into a Continuing Disclosure Agreement with the Trustee (such Continuing Disclosure Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Continuing Disclosure Agreement”); and WHEREAS, a form of the Preliminary Official Statement to be distributed in connection with the public offering of the Series 2022 Bonds has been prepared (such Preliminary Official Statement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Preliminary Official Statement”); and
WHEREAS, there have been prepared and submitted to this meeting forms of:
(a) the Indenture;
(b) the Purchase Agreement;
(c) the Continuing Disclosure Agreement; and
(d) the Preliminary Official Statement;
WHEREAS, Kitty Siino & Associates, Inc. has prepared and provided to the Community Facilities District an appraisal report, dated May 9, 2022 (the “Appraisal”), providing an opinion of value of the property in the Community Facilities District, which has been submitted to this meeting; and
WHEREAS, Section 5852.1 of the California Government Code requires that the City Council obtain from an underwriter, financial advisor or private lender and disclose, in a meeting open to the public, prior to authorization of the issuance of the Series 2022 Bonds, good faith estimates of (a) the true interest cost of the Series 2022 Bonds, (b) the sum of all fees and charges paid to third parties with respect to the Series 2022 Bonds, (c) the amount of proceeds of the Series 2022 Bonds expected to be received net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the Series 2022 Bonds, and (d) the sum total of all debt service payments on the Series 2022 Bonds calculated to the final maturity of the Series 2022 Bonds plus the fees and charges paid to third parties not paid with the proceeds of the Series 2022 Bonds; and
WHEREAS, in compliance with Section 5852.1 of the California Government Code, the City Council has obtained from CSG Advisors Incorporated, as the Community Facilities District’s Municipal Advisor, the required good faith estimates, which the Municipal Advisor has prepared in consultation with the Underwriter, and such estimates are disclosed and set forth in Exhibit A attached hereto; and 553
WHEREAS, the Community Facilities District desires to proceed to issue and sell the Series 2022 Bonds and to authorize the execution of such documents and the performance of such acts as may be necessary or desirable to effect the offering, sale and issuance of the Series 2022 Bonds; and
WHEREAS, the City Council is the legislative body of the Community Facilities District.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Subject to the provisions of Section 3 hereof, the issuance of the Series 2022 Bonds, in an aggregate principal amount of not to exceed $8,000,000, on the terms and conditions set forth in, and subject to the limitations specified in, the Indenture, be and the same is hereby authorized and approved. The Series 2022 Bonds shall be dated, shall bear interest at the rates, shall mature on the dates, shall be subject to call and redemption, shall be issued in the form and shall be as otherwise provided in the Indenture, as the same shall be completed as provided in this Resolution.

SECTION 3. The Indenture, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, be and the same is hereby approved.

Each of the Mayor of the City, and such other member of the City Council as the Mayor may designate, the City Manager of the City, the Assistant City Manager of the City, the Executive Director of Finance of the City, the Deputy City Treasurer of the City, and such other officer or employee of the City as the City Manager may designate (the “Authorized Officers”) is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute and deliver the Indenture in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Indenture by such Authorized Officer; provided, however, that such changes, insertions and omissions shall not authorize an aggregate principal amount of Series 2022 Bonds in excess of $8,000,000, shall not result in a final maturity date of the Series 2022 Bonds later than September 1, 2053, and shall not result in a true interest cost for the Series 2022 Bonds in excess of 6.50%.

SECTION 4. The Purchase Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, be and the same is hereby approved. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute and deliver the Purchase Agreement in the form presented to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Purchase Agreement by such Authorized Officer; provided, however, that such changes, insertions and omissions shall not result in an aggregate underwriter’s discount (not including any original issue discount) from the principal amount of the Series 2022 Bonds in excess of 1.50% of the aggregate principal 554
amount of the Series 2022 Bonds. The City Council hereby finds and determines that the sale of the Series 2022 Bonds at negotiated sale as contemplated by the Purchase Agreement will result in a lower overall cost.

SECTION 5. The Continuing Disclosure Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, be and the same is hereby approved. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute and deliver the Continuing Disclosure Agreement in the form presented to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Continuing Disclosure Agreement by such Authorized Officer.

SECTION 6. The Preliminary Official Statement, in substantially the form presented to this meeting and made a part hereof as though set forth in full herein, with such changes, insertions and omissions therein as may be approved by an Authorized Officer, be and the same is hereby approved, and the use of the Preliminary Official Statement in connection with the offering and sale of the Series 2022 Bonds is hereby authorized and approved. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, to certify on behalf of the Community Facilities District that the Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 (except for the omission of certain final pricing, rating and related information as permitted by Rule 15c2-12).

SECTION 7. The preparation and delivery of a final Official Statement (the “Official Statement”), and its use in connection with the offering and sale of the Series 2022 Bonds, be and the same is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement, with such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute the final Official Statement and any amendment or supplement thereto.

SECTION 8. Based upon the property values within the Community Facilities District reported in the Appraisal and the value-to-lien information set forth in the Preliminary Official Statement, the City Council, for purposes of Section 53345.8 of the Act, hereby finds and determines that the value of the real property that would be subject to the Special Tax to pay debt service on the Series 2022 Bonds will be at least three times the principal amount of the Series 2022 Bonds to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property within the Community Facilities District.

SECTION 9. If and to the extent that any feature or aspect of the Series 2022 Bond structure, the rate and method of apportionment of the Special Taxes, the method of financing the Facilities, the appraisal, the absorption study or other components of the Series 2022 Bond issue approved and authorized hereby is inconsistent or in conflict with 555
any requirement, standard, measure or procedure set forth in the City’s Mello-Roos Community Facilities Act of 1982 Local Goals and Policies, such requirement, standard, measure or procedure is, to the extent necessary to eliminate such inconsistency or conflict, hereby waived, and the City Council hereby finds and determines that benefit inures to the ultimate property owners, the Community Facilities District and the City as a result of such waiver.

SECTION 10. The City Council hereby approves the execution and delivery of all agreements, documents, certificates and instruments referred to herein with electronic signatures as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the California Government Code using DocuSign.

SECTION 11. All actions heretofore taken by the officers, employees and agents of the City with respect to the issuance and sale of the Series 2022 Bonds, or in connection with or related to any of the agreements or documents referred to herein, are hereby approved, confirmed and ratified.

SECTION 12. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

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

PASSED, APPROVED, AND ADOPTED this 7th day of June 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
556

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2022- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 7, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2022- duly passed and adopted by the Ontario City Council at their regular meeting held June 7, 2022. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
557

EXHIBIT A

GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Series 2022 Bonds in accordance with Section 5852.1 of the California Government Code. Such good faith estimates have been provided to the Community Facilities District by CSG Advisors Incorporated, the Community Facilities District’s municipal advisor (the “Municipal Advisor”), which the Municipal Advisor has prepared in consultation with Stifel, Nicolaus & Company, Incorporated, the Underwriter.

Principal Amount. The Municipal Advisor has informed the Community Facilities District that, based on the Community Facilities District’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Series 2022 Bonds to be issued and sold is $7,220,000 (the “Estimated Principal Amount”), less approximately $56,000 of net original issue discount estimated to be generated based on current market conditions. Net original issue discount is generated when, on a net aggregate basis for a single issuance of bonds, the price paid for such bonds is lower than the face value of such bonds. Such Estimated Principal Amount less such estimated net original issue discount would produce approximately $7,164,000 of gross proceeds.

True Interest Cost of the Series 2022 Bonds. The Municipal Advisor has informed the Community Facilities District that, assuming that the Estimated Principal Amount of the Series 2022 Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Series 2022 Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Series 2022 Bonds, is 4.88%.

Finance Charge of the Series 2022 Bonds . The Municipal Advisor has informed the Community Facilities District that, assuming that the Estimated Principal Amount of the Series 2022 Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the Series 2022 Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Series 2022 Bonds), is $341,000.

Amount of Proceeds to be Received . The Municipal Advisor has informed the Community Facilities District that, assuming that the Estimated Principal Amount of the Series 2022 Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the Community Facilities District for sale of the Series 2022 Bonds, less the finance charge of the Series 2022 Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Series 2022 Bonds, is $6,366,000.

Total Payment Amount . The Municipal Advisor has informed the Community Facilities District that, assuming that the Estimated Principal Amount of the Series 2022 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum 558
total of all payments the Community Facilities District will make to pay debt service on the Series 2022 Bonds, plus the finance charge for the Series 2022 Bonds, as described above, not paid with the proceeds of the Series 2022 Bonds, calculated to the final maturity of the Series 2022 Bonds, is $13,686,000, which excludes any reserves or capitalized interest funded or paid with proceeds of the Series 2022 Bonds (which may offset such total payment amount).

The foregoing estimates constitute good faith estimates only and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of the Series 2022 Bonds issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Series 2022 Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Series 2022 Bonds issued and sold being different from the Estimated Principal Amount, (c) the actual amortization of the Series 2022 Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Series 2022 Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the Community Facilities District’s financing plan, or a combination of such factors. The actual date of sale of the Series 2022 Bonds and the actual principal amount of Series 2022 Bonds issued and sold will be determined by the Community Facilities District based on the timing of the need for proceeds of the Series 2022 Bonds and other factors. The actual interest rates borne by the Series 2022 Bonds will depend on market interest rates at the time of sale thereof.

The actual amortization of the Series 2022 Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the Community Facilities District. 559

Ontario City CouncilJune 7, 2022

Ontario City Council
June 7, 2022