Flophouse. A flophouse offers very inexpensive lodging, generally by providing minimal services. Flophouse occupants generally share bathroom facilities and reside in quarters that are typically very small and may resemble office cubicles more than a room in a hotel or apartment building. Persons making use of this type of lodging are often transients.
Floor Area, Gross (GFA). The total area calculation of all floors and mezzanines of a building, measured to the outside face of the exterior walls, including hallways, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a clear height of at least 7 FT, but excluding area used exclusively for vehicle parking or loading. The GFA calculation also includes any usable area not provided with surrounding walls, which is under the horizontal projection of a roof or canopy, or floor above. A GFA calculation shall not include mezzanine areas used as catwalks and platforms for conveyers, equipment, and related workstations.
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Ontario Development Code Page 9.01-15 (Rev. 05.02.202311.05.2024) Floor Area, Net. The total area calculation of all floor areas and mezzanines of a building, measured to the inside face of the exterior walls, excluding stairwells, elevator shafts, equipment rooms, and all floors below the ground floor, except when used or intended to be used for human habitation or service to the public, and area used exclusively for vehicle parking or loading. A net floor area calculation shall not include mezzanine areas used as catwalks and platforms for conveyers, equipment, and related workstations.
Floor Area Ratio (FAR). Floor area ratio is used as a measure of the intensity of a site being developed, represented by the mathematical formula of dividing the gross floor area of the building (measured in SF) by the lot area of the same lot on which the building is located, to generate a ratio of building area to land area.
Frontage. The edge of a property that is adjacent to a public or private street, or main drive aisle through a common interest subdivision.
Fueling Stations. See "Gasoline Service Station."
Funeral Director Services. The occupation or function of organizing funerals and funeral activities and managing funeral establishments.
Funeral Establishment. A business with assembly facilities for the purpose of conducting observances for dead persons, such as viewing bodies, funerals, and memorial services. A funeral establishment does not include facilities for the preparation of the dead for burial or cremation.
Funeral Parlors (Mortuaries). Establishments with facilities for the preparation of the dead for burial or cremation, excluding establishments with facilities for viewing bodies and for funerals.
G. Definitions of Words Beginning with the Letter "G."
Game Arcade. An establishment that has 50 percent or more of the public floor area devoted to the use of video games, pinball machines, computers, or other similar devices, which are available to the public for compensation. The devices may be used for gaming, internet access, e-mail, access to computer software programs, and other similar activities. "Game arcades" includes cyber cafes, on-line internet gaming, and other similar facilities.
Garage. An accessory structure or portion of a main structure that is fully enclosed on all sides and specifically designed for the shelter or storage of motor vehicles.
Gasoline Service Station (Fueling Station, Gasoline (Gas) Station, or Service Station). A retail business engaged primarily in the sale of motor fuels, but also supplying goods and services generally required in the operation and maintenance of automotive vehicles and fulfilling motorist needs, including the sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; lubrication services; washing of automobiles as an incidental part of the business; performance of minor automotive repair, including engine tune ups, tire and battery replacement and brake replacement, but excluding painting, body work, steam cleaning or major repairs; and the supplying of other such incidental customer services, including limited food and sundry items. The terms "fueling station," "gasoline station," "gas station," and "service station," may be used interchangeably.
General Plan. The Policy Plan (General Plan) component of The Ontario Plan, which includes all adopted elements and maps, as it may be amended from time to time. The General Plan is the foundation for local land use planning, providing a vision for the foreseeable planning 4861
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(Rev. 05.02.202311.05.2024) Page 9.01-16 Ontario Development Code horizon—usually 10 to 20 years—and translates it into goals and policies for the physical development of the community.
Geologically Hazardous Area. An area that may be affected by one or more of the geologic hazards discussed in the General Plan of the City.
Government Code. The Government Code of the State of California. If at any time any of the sections of the Government Code referred to in this Development Code are redesignated by a new number, such new number shall thereupon be deemed substituted for such old number wherever the same appears in this Development Code.
Grocery Store. A retail establishment with at least 12,000 SF of floor area devoted to the sale of prepackaged food products, household items, newspapers and magazines, and sandwiches/salads and other freshly prepared foods for off-site consumption.
Gross Vehicle Weight Rating. The weight that equals the total unladen weight of the vehicle, plus the weight of the heaviest load that can be safely transported on the vehicle, according to the vehicle manufacturer.
Group Home. A residential facility for 6 or fewer occupants, which serves children or adults with chronic disabilities (mental or physical) and is staffed 24 hours a day by trained caregivers.
Guesthouse. Living quarters within a residential structure, which may be attached to, or detached from, the main dwelling, and is for the sole use of occupants of the main dwelling and persons employed on the premises, or for temporary use by non-paying guests for a period not to exceed 90 days within any 120-day period. A guesthouse has no kitchen facilities and cannot be rented or otherwise used as a separate residence.
H. Definitions of Words Beginning with the Letter "H."
Hardscape. A hard-surfaced area (e.g., driveways, patios, sidewalks, streets, walkways, water features, etc.), improved by means of asphalt, concrete, decomposed granite, laid block and/or brick, gravel, rock, slag, stone, and other similar materials, but excludes mulch.
Hazardous Waste. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. Unless expressly provided otherwise, the term "hazardous waste" shall be undersold to also include "extremely hazardous waste" (HSC Section 25117). The EPA has established four characteristics of hazardous waste that can be determined by tests:
▪ Ignitability: The ability to catch fire, or to burst into flame spontaneously or by interaction with another substance or material;
▪ Corrosivity: The ability to wear away or destroy other materials, including human issue;
▪ Reactivity: The ability to enter into a violent chemical reaction, which may involve explosion or flumes; and
▪ Toxicity: The ability to release certain toxic constituents when leached with a mild acid (33 USC Section 1321 (b)(2)(A)).
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Ontario Development Code Page 9.01-17 (Rev. 05.02.202311.05.2024) For the purposes of the hazardous waste regulations contained in this Development Code, the following definitions shall apply:
1) Cement Kiln Incineration. The burning of organic wastes as a supplementary fuel at very high temperature during the production of cement.
2) Class "I" Land Disposal Facility. A land disposal facility which must conform to the requirements of the State Water Resources Control Board for Class "I" units, and which must be located where natural geologic features provide optimum conditions for isolation of wastes from waters of the state. Currently, these facilities may accept solid and dry hazardous waste. After 1990, they will be precluded from accepting any untreated hazardous wastes. 3) Class "II" Land Disposal Facility. A land disposal facility that must be located where site characteristics and containment structures isolate wastes from the waters of the State. Class "II" land disposal facilities are suitable for wastes which have been granted a variance from Hazardous Waste Management requirements pursuant to 22 CCR Section 66310. 4) Class "III" Land Disposal Facility. A land disposal facility for nonhazardous waste, including garbage, trash, refuse, paper, ashes. etc., provided such wastes do not contain hazardous or designated wastes. Class "III" facilities must conform to the requirements of the State Water Resources Control Board as specified in CCR, Title 23, Division 3, Chapter 15, commencing with Section 2510, and must be located where site characteristics provided adequate separation between the waste and the waters of the State (also called municipal or sanitary landfill.) 5) Deep Well Injection. Subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension (22 CCR Section 66224).
6) Disposal, Hazardous Waste. Hazardous waste disposal shall be defined as follows:
a) The discharge, deposit, injection, dumping, spilling, leaking or placing of any waste so that the waste or any constituent of the waste is or may be emitted into the air or discharged into or on any land or waters, including groundwater, or may otherwise enter the environment; and
b) The abandonment of any waste (HSC Section 25113).
7) Hazardous Material. A substance or combination of substances which, because of its facility, concentration, or physical, chemical or infectious characteristics, may either:
a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Unless expressly provided otherwise, the term "hazardous malarial" shall be understood to also include extremely hazardous malarial (22 CCR Section 66084).
8) Hazardous Substance. Hazardous substances shall be defined as follows:
a) Any substance designated pursuant to Slates Environmental Protection Agency has taken action pursuant to 15 USC Section 2606;
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(Rev. 05.02.202311.05.2024) Page 9.01-18 Ontario Development Code b) Any element, compound, mixture, solution or substance designated pursuant to Section 102 of the Federal Act, 42 USC Section 9602;
c) Any hazardous waste having the characteristics identified under or listed pursuant to 42 USC Section 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of Congress;
d) Any toxic pollutant listed under 33 USC Section 1317(a); e) Any hazardous air pollutant listed under 42 USC Section 7412; f) Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the United Procedure or Waste Extraction Test), or demonstrate toxicity in animal studies (22 CCR Section 66696 et seq.); and
g) Any hazardous waste or extremely hazardous waste as defined by HSC Section 25117 and HSC Section 25115, respectively, unless expressly excluded (HSC Section 25316). 9) Hazardous Waste Facility. Hazardous waste facility or facilities means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer storage, resource recovery, or recycling hazardous waste management units, or combinations of these units (HSC Section 25117.1). 10) Hazardous Waste Landfill. A disposal facility, or part of a facility, where hazardous waste is placed in or on land that is not a land treatment facility, a surface impoundment, or an injection well (22 CCR Section 66123). After 1990, the disposal of untreated hazardous waste, except solid clean up waste from existing contaminated sites in a landfill will be illegal (HSC Section 15179.6).
11) Hazardous Waste Collection. Establishments engaged in collecting and/or hauling hazardous waste within a local area.
12) Household Hazardous Waste Collection Center. A collection center that accepts household hazardous waste from residents, which consist of but not limited to, paint, waste oil, thinners. household cleansers, etc., with a capacity of less than 55 drums (equal to 3025 gallons) of waste.
13) Incinerator. An enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down hazardous waste, examples are a rotary kiln, fluidized bed liquid injection and a cement kiln.
14) Land Disposal Facility. Where hazardous waste is disposed in, on, under or to the land. 15) Land Farming (Land Application, Land Spreading). A treatment technique that involves spreading the waste on land and utilizing evaporation and microbial action to degrade the wastes. Used primarily for crude oil wastes.
16) Off-Site Hazardous Waste Facility. An operation involving handling, treatment, storage or disposal of hazardous waste at a site physically separate from the site where the waste was generated; at a site not owned by, or leased to the producer of the waste; or at a site which 4864
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Ontario Development Code Page 9.01-19 (Rev. 05.02.202311.05.2024) receives hazardous waste from more than one generator. Also see "specified hazardous waste facility."
17) On-Site Hazardous Waste Facility. An operation involving treatment and storage of hazardous waste on land owned by the waste producer, contiguous to the site of waste generation, which receives hazardous waste produced only by the generator. 18) Residuals Repository. A hazardous waste facility which accepts for disposal only treated hazardous waste, meets all applicable federal and state regulations, and holds a hazardous waste facility permit.
19) Specified Hazardous Waste Facility. An off-site hazardous waste facility that accepts disposal wastes from more than one producer of hazardous waste (HSC Section 25199.1(m)). For purposes of this Development Code, a household hazardous waste collection center with a capacity of less than 50 drums of waste is not considered a specified hazardous waste facility. 20) Storage Facility/Hazardous Waste. A hazardous waste facility at which hazardous waste is contained for a period greater than 96 hours at an off-site facility or for periods greater than 90 days at an on-site facility (HSC Section 25123.3). 21) Surface Impoundment. A facility or part of a facility that is a natural topographic depression, man-made excavation, or diked area, formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds and lagoons (HSC Section 66200).
22) Transfer Stations. Any hazardous waste facility where hazardous wastes are located, unloaded, pumped or packaged (22 CCR Section 66212).
23) Transportable Treatment Unit. Hazardous waste treatment works which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time;.
24) Treatment Facility. A facility at which hazardous waste generated in the City of Ontario is subjected to treatment or where a resource is recovered from a hazardous waste. 25) Waste Pile. Any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage (22 CCR Section 66160).
Height (of a Building or Structure). The vertical dimension of a building or any other type of structure measured from the lower of existing grade or finished grade elevation to the highest point of the roof, not including chimneys, antennas, or other appurtenant structures. The height of structures shall be measured vertically, from a line representing a horizontal plane drawn through either the base of the structure at the lowest elevation of the existing grade prior to development or finished grade of the structure, whichever is lower, to a line representing a horizontal plane drawn through the highest point of the roof or through the coping of a flat roof, the deck line of a mansard roof or the highest ridge of a sloping roof.
Historic Preservation. "Historic Preservation" refers to the treatment of historic places and sites. For the purposes of the historic preservation regulations contained in this Development Code, the following definitions shall apply:
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(Rev. 05.02.202311.05.2024) Page 9.01-20 Ontario Development Code 1) Alteration. Any exterior change or modification, through public or private action, to the character-defining or significant physical features of properties affected by this Development Code, such as changes to or modification of a structure, architectural details or characteristics, rock curbs, the addition of new structures, cutting or removal of trees, and the placement or removal of significant objects, including but not limited to signs, plaques, light fixtures, street furniture, walls, fences, or steps, which affect the significant historical qualities of the property. This may also include any identified significant interior features of historic property. 2) Certificate of Appropriateness. A certificate issued by the Approving Authority approving plans, specifications, statements of work, and any other information that are reasonably required by the Approving Authority to make a decision on any proposed alteration, restoration, rehabilitation, construction, removal, relocation, or demolition, in whole or in part, or to an historic resource.
3) Certificate of Economic Hardship. A certificate authorizing work described in the accompanying Certificate of Appropriateness granted by the Approving Authority because of extreme financial privation or adversity.
4) Certified Local Government. A local government certified under a federal program by the State office of Historic Preservation for the purpose of more direct participation in federal and state historic preservation programs.
5) Character-Defining Feature. The man-made elements embodying style or components of an improvement, including but not limited to the kind and texture of the building materials, roof pitches, exterior wall finishes, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
6) Contributing Resource. Any improvement, building, structure, sign, feature, tree, or other object adding to the historical, architectural or cultural significance of an historic district. 7) Demolition. Any act or process that destroys in part or in whole an individual historic resource or a structure within an historic district.
8) Design Guidelines. The principles contained in a document, which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to aid design and decision-making with regard to retaining the integrity of scale, design, intent, materials, feelings, patterns of development, and historic character of an historic resource.
9) Designated Site. A parcel or part thereof on which an historic resource is situated, and any abutting parcel or part thereof constituting part of the premises on which the Historical Resource is situated, and which has been designated a historic landmark or district. 10) Historic Context. A framework for interpreting history that groups information about historical resources sharing a common theme, geographical area, or chronology. The development of "historic context" is a foundation for decisions regarding the planning, identification, evaluation, registration, and treatment of historical resources based upon comparative historic significance.
11) Historic District. Any defined contiguous or noncontiguous grouping of properties that share a common theme and/or period of significance containing a concentration of 4866
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Ontario Development Code Page 9.01-21 (Rev. 05.02.202311.05.2024) improvements which have a special historical interest or value, which possess integrity of location, design, setting, materials, workmanship, feeling, and association, or which represent one or more architectural periods or styles typical to the history of the City, and that has been nominated or designated a Historic District, or placed on the National Register of Historic Places or the California Register of Historical Resources.
12) Historic Integrity. The authenticity of a property's historic identity evidenced by the survival of physical characteristics that existed during the property's prehistoric or historic period.
Historic integrity is the composite of seven qualities which include location, design, setting, materials, workmanship, feeling, and association.
13) Historic Landmark. Any singular Historical Resource that has been nominated or designated, or placed on the National Register of Historic Places, or the California Register of Historical Resources.
14) Historic Resources. Improvements, buildings, structures, signs, features, Historic Districts, conservation zones, trees, or other objects of cultural, architectural, or historical significance to the City, State, Region, or the Nation, which have been determined to be eligible for nomination or designation and determined to be appropriate for historic preservation by the Approving Authority.
15) Historic Resources Survey. A survey conducted to identify, record, and evaluate historic properties within a community, neighborhood, project area, or region. A reconnaissance level survey involves the preparation of a Primary Record form (or DPR523A) pursuant to standards established by the California Office of Historic Preservation. A Primary Record documents the location and physical description of a building, structure, object, or site. An intensive level survey involves the preparation of a Building, Structure, and Object (BSO) Record form (or DPR523B) pursuant to the standards established by the California Office of Historic Preservation. A BSO Record is used to evaluate and present detailed information about buildings, structures and objects. The intensive level survey will also evaluate areas or neighborhoods for historic significance and a DPR523D form will be prepared.
16) Improvement. Any building, structure, fence, gate, tree, wall or other specified object constituting a historical physical feature of real property, or any part of such feature. 17) Local Historic Status Codes. A classification system that identifies historic resources based on the level of evaluation and designation for which the property has been approved. 18) Mills Act Contract. A property contract entered into between the City and a property owner that provides a potential for lower property taxes in return for the rehabilitation, restoration and preservation of a qualified historical property pursuant to GC Section 50280, et seq. 19) Noncontributing Resource. Any improvement, building, structure, sign, feature, tree or other object that does not add to the historical, architectural or cultural significance of a district. 20) Object. A material thing of historical, cultural or architectural value. 21) Ontario Register. A list that includes historic resources that have been surveyed at the intensive level (DPR523A and DPR523B) and determined to be eligible for local, state, or national through a regulatory process. This includes "determined eligible," "designated," and "nominated" properties. Historic Preservation Subcommittee maintains the Ontario Register. 4867
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(Rev. 05.02.202311.05.2024) Page 9.01-22 Ontario Development Code 22) Ordinary Maintenance and Repair. Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same, to its condition prior to the occurrence of such deterioration or damage.
23) Period of Significance. The length of time when a property was associated with important events, activities, or persons, or attained the characteristics which qualify it for listing in the Local, State, and/or National Register.
24) Preservation. The identification, study, protection, restoration, rehabilitation, or acquisition of Historical Resources.
25) Secretary of the Interior Standards for Rehabilitation. The guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with Guidelines for Applying the Standards. 26) Statement of Significance. An organizational format which groups information about related historical resources based on theme, geographic units, and chronological period. The information should describe why the resource is significant within a relevant historic context. 27) Significant Feature. The man-made elements embodying style or components of an improvement, including but not limited to the kind and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
28) State Historic Building Code. HSC Part 2.7 (commencing with HSC Section 18950), and the regulations promulgated thereunder, as they may be amended from time to time (24 CCR, Part 8).
Home Occupation. An occupation conducted by the occupant of a dwelling as a secondary use in which there is no display, no stock-in-trade, no commodity sold on the premises, no person employed other than residents of the dwelling, and no mechanical equipment used, except for that necessary for housekeeping purposes.
Hotel. A lodging facility, which offers transient accommodations at a daily rate, to the general public, and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.
Household. One or more individuals occupying a single dwelling, with common access to and use of all living, eating, and kitchen facilities within the dwelling.
Household Pet. A small, domesticated animal, normally allowed access to the house or yard, kept for company, security or pleasure, limited to any combination of dogs, cats, potbellied pigs, rabbits, chinchillas, and other small, domesticated animals that are maintained for nonbreeding purposes only.
Human Signs. A sign held by, or attached to, a human for the purpose of advertising or otherwise attracting attention to an individual, or a business, commodity, service, or product, and includes the use of a person dressed in costume for the purpose of advertising or attracting attention to an individual, business, commodity, service, or product. A "human sign" may also be referred to as a human billboard, human directional, sign walker, sign waver, or sign twirler. 4868
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Ontario Development Code Page 9.01-23 (Rev. 05.02.202311.05.2024) I. Definitions of Words Beginning with the Letter "I."
Immediate Neighborhood. The block in which the subject property is located, as well as the opposite block face along the same street.
Improvement. Any street work and utilities to be installed, or agreed to be installed, by the subdivider on land to be used for public or private streets, highways, driveways, drive aisles and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, and drainage needs as a condition precedent to the approval and acceptance of the final tract map. Furthermore, the term shall mean any other specific improvement or type of improvement, whether public or private, the installation of which, either by the subdivider, public agencies, private utilities, any other entity approved by the local agency, or by a combination of such, which is necessary to ensure consistency with or implementation of the general plan or any applicable specific plan.
Industrial Clinic. Establishments of independent healthcare practitioners providing services to businesses and their employees, which are engaged in: [i] providing physical therapy services to patients with impairments, functional limitations, disabilities, or changes in physical functions and health status, which are a result of injury, disease or other causes received while on-the-job, or who require prevention, wellness or fitness services; [ii] planning and administering educational, recreational, and social activities designed to help patients or individuals with disabilities, regain physical or mental functioning or to adapt to their disabilities; and [iii] diagnosing and treating speech, language, or hearing problems.
Industrial Park (Industrial Complex). A development within an industrial zone or land use district, which consists of 2 or more buildings constructed by a single developer or group of developers and designed to function as a single cohesive unit in terms of access, parking, landscaping, property and landscape maintenance, and architecture, regardless of the subsequent parcelization. The terms "industrial park" and "industrial complex" may be used interchangeably.
In-Lieu Fee. A cash payment that may be required of an owner or developer as a substitute for the dedication of land or the construction of public improvements.
Interim Use. A use of land or a structure that is less than permanent, with the duration of the use subject to City approval.
Institutional Use. A privately operated use of a semi-public type, such as a church, convent, monastery, day care facility or hospital, nursing home, hospice facility, club, or lodge, philanthropic or charitable foundation, nonprofit library, art gallery, museum, or similar type of establishment.
Intensification of Use. The use of a property, site, or defined area of land, or a structure or portion of a structure, at a higher density (residential) or intensity (nonresidential) than previously recognized and/or approved by the City, either through development, redevelopment, infill, addition, or expansion.
J. Definitions of Words Beginning with the Letter "J."
Junior College. Establishments primarily engaged in furnishing academic, or academic and technical, courses and granting associate degrees, certificates, or diplomas below the baccalaureate level. The requirement for admission to an associate or equivalent degree 4869
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(Rev. 05.02.202311.05.2024) Page 9.01-24 Ontario Development Code program is at least a high school diploma or equivalent general academic training. Instruction may be provided in diverse settings, such as the establishments or client's training facilities, educational institutions, the workplace, or the home, and through diverse means, such as correspondence, television, the internet, or other electronic and distance-learning methods. The training provided by these establishments may include the use of simulators and simulation methods.
K. Definitions of Words Beginning with the Letter "K."
Kennel. A place in which 4 or more dogs over 4 months in age are kept.
Kiosk. A small, freestanding lightweight structure less than 150 SF in area, sometimes open on one or more sides. Kiosks are often used as a newsstand or for small-scale merchandising.
Kitchen. A room or portion of a room in a structure, which is used for the purposes of preparing meals and contains the necessary cooking or food preparation facilities (and may include a microwave oven or hot plate) and shall also be equipped with a sink and hot and cold running water.
L. Definitions of Words Beginning with the Letter "L."
Lane (Alleyway). The principal means of vehicular access to one or more abutting dwellings within a townhouse, rowhouse, or cluster development, which is not intended for through access and is privately owned and improved by means of asphalt, concrete, laid brick or block pavers, or other similar material providing all-weather access, excluding loose materials, such as gravel, stone or slag. The terms "lane" and "alleyway" may be used interchangeably.
Landscaped Area. The unpaved portion of a site containing planted areas and plant materials, including trees, shrubs, lawns and flowers and ground cover, together with such decorative elements as walkways, benches, patios, terraces, water features, and the like, suitable for ornamenting a site or structure, or use on the site. Landscaping may also include non-plant decorative material as an intended complementary aspect of a landscape design, such as:
1) Public art installed pursuant to Division 6.07 (Public Art) of this Development Code; 2) Decorative fountains, reflecting pools, and ponds;
3) Decorative rock, stone, bark, mulch, and other similar decorative materials installed for the purpose of reducing the need for the watering of plant material, and which does not cover more than 5 percent of the total landscaped area; and
4) Trellises, porticos, arbors, and other similar garden structures, which do not exceed 6 FT in width, 3 FT in depth, and 8 FT in height.
Live Entertainment. Any live performance, including, but not limited to, all forms of music, theatrical or comedic performance, song, dance, karaoke, or vocal entertainment by a disc jockey (DJ) or announcer, in which one or more employees, independent contractors, guests, customers, or any other individual participates. Live entertainment shall also include dancing by patrons to live or recorded music.
Live entertainment shall not include ambient or incidental music provided for guests or patrons by one nonamplified musician, or the use of a radio, television, or other electronic 4870
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Ontario Development Code Page 9.01-25 (Rev. 05.02.202311.05.2024) playback device in any establishment, except when utilized by an announcer, DJ, master of ceremony (MC), or presenter, who at any time provides any form of vocal or visual entertainment for the purpose of gaining the attention and interest of, or diverting or amusing, guests or patrons, including the announcing of song titles or artists' names.
Living Area. The interior habitable area of a dwelling unit, including improved basements and attics, but does not include a garage or accessory structure.
Loading Area. The portion of a site developed for the loading or unloading of motor vehicles or trailers, including loading spaces, drive aisles and driveways.
Lodging Facility. An establishment that provides transient sleeping accommodations for rent.
Lodging House. See "Boarding House."
Lot. A unit or portion of land, separate from other units or portions by description, as shown on a final map or by other such map or instrument approved by the City or applicable government entity under the provisions of the Subdivision Map Act (commencing with GC Section 66410) and City ordinances in effect at the time of such approval, for the purpose of sale, lease, or financing. The classifications of "lot" are described as follows (see examples below):
1) Corner. A lot located at the intersection of 2 or more streets. 2) Cul-De-Sac. A lot located on the turning end of a dead-end street. 3) Flag. A lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this Code for lot width but having a dimension of at least 20 FT at its narrowest point.
4) Interior. A lot other than a corner lot.
Lot Types
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(Rev. 05.02.202311.05.2024) Page 9.01-26 Ontario Development Code 5) Key. The first interior lot to the rear of a reversed corner lot. 6) Reverse corner. A corner lot, the side of which on a street side is substantially a continuation of the front property line of the first lot to its rear. 7) Through. An interior lot having frontage on 2 parallel or approximately parallel streets.
Lot Area. The area within the property lines of a lot or parcel, exclusive of any dedications for public rights-of-way, parks, school sites or other public dedications.
Lot Area, Adjusted Gross. The gross lot area, excluding public highways, streets, alleys, and other public rights-of-way, and non-buildable easements for public utilities, railroads, and private streets.
Lot Area, Gross. The entire area within the boundaries of a lot or parcel, measured to the centerline of adjoining alleys, highways, or streets or to the underlying fee ownership of such adjoining alleys, highways or streets, whichever is applicable.
Lot Area, Net. A unit of land measure, not including the area within the established rightof-way of a public or private street or railroad, or any other area dedicated or required to be dedicated in the future for a public use.
Lot Coverage. The area devoted to principal and accessory structures on a lot, including patios enclosed on 3 sides, garages, and covered parking.
Lot Depth. The horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.
Lot Line. The lines bounding a lot (also see "Property Line"). The classifications of "Lot Line" are as follows:
1) Front. The line separating the narrowest street frontage of a lot from a public or private street right-of-way.
2) Interior side. Any lot line that is not a front or rear lot line, and that does not border a public or private street right-of-way.
3) Rear. The lot line opposite and most distant from the front lot line. In the case of an irregularly-shaped lot, a straight line shall be drawn within the lot most nearly parallel to and the maximum distance from the front lot line
4) Street side. Any lot line that is not a front or rear lot line, and which abuts a public or private street right-of-way.
Lot Line Adjustment. A boundary realignment between 2 or more adjoining lots that are legally recognized and under the same or different ownership, where land taken from one lot is added to an adjacent lot, and where a greater number of lots other than originally existed is not thereby created. A lot line adjustment shall not result in the adjustment (moving) of more than 4 lot lines.
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Division 9.01—Definitions
Ontario Development Code Page 9.01-27 (Rev. 05.02.202311.05.2024) Lot Width. The horizontal distance between the side property lines of a lot, measured in a straight line in the mean direction of the front property line, at the minimum front yard setback line of a lot.
M. Definitions of Words Beginning with the Letter "M."
Maintenance. Repair work or upkeep on a structure, including painting, carpentry, glazing, and the reinforcement or replacement of defective parts, including roofs, foundations, structural members, and the like, but not including an addition, enlargement, or replacement of the structure.
Manufactured Home. A structure designed for single-family residential use that is factory made and is fully or partially assembled on the site of ultimate use, as permitted by Federal laws and the State of California.
Manufacturing. A use engaged in the manufacture, primarily from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental processing of extracted raw materials.
Marijuana. All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:
1) Industrial hemp, as defined in Section 11018.5 of the California Health & Safety Code; or
2) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
Marijuana Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Marijuana Dispensary. Any association, cooperative, club, coop, delivery service, collective and any other similar use involved in the sale, exchange, bartering, giving away for any form of compensation whatsoever, possession, cultivation, use and/or distribution of marijuana.
Massage. Any method of treating the external parts of the body for remedial, health or hygienic purposes, by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice and shall include herbal body wraps.
For the purposes of the Massage regulations contained in the Development Code, the following definitions shall also apply:
1) Chair Massage. Any massage of the neck, arms, shoulders, hands, feet and back area above the waist, where the client is fully clothed, sitting upright in a chair, and done without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.
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Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-28 Ontario Development Code 2) Massage Establishment. An establishment having a fixed place of business where any person, association, firm, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving massage, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body, with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
Master Plans. A term used to describe a process that determines community goals and aspirations in terms of community development. The outcome of comprehensive planning is the Master Plan (also referred to as the "comprehensive plan"), which dictates public policy in terms of transportation, utilities, land use, recreation, public safety, and housing. Master plans typically encompass large geographical areas, a broad range of topics, and cover a long-term timeframe.
Material Recovery Facility. A facility that receives, processes, and recycles municipal mixed solid wastes, commercial high-grade wastes (such as corrugated cardboard, newspaper, mixed papers, etc.), construction debris, commingled recyclable materials, and green waste, and ships recovered recyclables and residual solid waste to market or disposal destinations. These facilities typically include:
1) Materials handling, sorting, processing and compacting equipment and facilities; 2) Shipping/hauling of sorted materials, either by truck or rail; 3) Administrative functions, such as office, employee and training areas; 4) Weighing of vehicles and collection of fees; and
5) Maintenance of vehicles and equipment used in conjunction with the facility.
Medical Marijuana Dispensary. Any association, cooperative, club, coop, delivery service, collective and any other similar use involved in the sale, possession, cultivation, use and/or distribution of marijuana for medicinal purposes.
Menu Board. A permanently mounted sign displaying the bill of fare of a drive-in, drivethrough or walk-up restaurant.
Metal Salvage Yards. An establishment that collects and utilizes scrap metal for use as salable products.
Mezzanine. A second level, internal to a building or unit, composed of permanent or modular construction that adds usable square footage to a unit.
Mixed-Use Development. The development of a tract of land, building, or structure, which includes residential land uses in conjunction with a variety of complementary uses, such as, but not limited to, office, manufacturing, retail, public, or entertainment, in an integrated development project with significant functional interrelationships and a coherent and cohesive physical design.
Mobile Home. Same as "Manufactured Home," but subject to the National Manufactured Housing Construction and Safety Standards Act of 1974.
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Division 9.01—Definitions
Ontario Development Code Page 9.01-29 (Rev. 05.02.202311.05.2024) Mobile Home Park. A development designed exclusively for the placement of mobile homes on spaces or lots offered for sale, lease, rent or condominium ownership, including all improvements, buildings, structures, recreational areas, or other facilities for the use of the residents of such development, but not including any sites or spaces available on a transient basis.
Mobile Recycling Unit. An automobile, truck, trailer, or van, licensed by the California Department of Motor Vehicles, which is used for the collection of recyclable materials. This definition encompasses bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials. Mobile units shall not be visible from Euclid Avenue.
Monopole. A structure composed of a single spire used to support communications equipment.
Motel. A lodging facility that offers transient accommodations at a daily rate, to the general public, which are predominantly accessed from parking lots or exterior walkways.
Motorhome. A motor vehicle originally designed or permanently altered and equipped for human habitation.
Motor Truck. A motor vehicle designed, used, or maintained primarily for the transportation of property, which has two or more axles and a gross vehicle weight rating (GVWR) of more than 10,000 pounds (CVC Section 410).
Mortuaries. See "Funeral Parlors."
Mulch. A layer of organic material derived from plants (e.g., compost, leaf mold, peat, shredded bark, wood chips, etc.), which is applied to the surface of an area of soil to conserve moisture, improve the fertility and health of the soil, reduce weed growth, and enhance the visual appeal of the area. Nonstabilized decomposed granite or gravel may be used with appropriate California native landscapes.
Multiple Tenant Building. A building wherein two or more separate and independently owned, rented, leased, or operated commercial occupancies are contained.
Municipal Utility. A utility owned and operated by an agency of local government.
Mural. An original, noncommercial work of art that is displayed by being painted directly on, or being affixed directly to, the exterior wall of a building or structure, and which is clearly intended as a decorative or ornamental feature. Murals do not contain text, numbers, registered trademarks, registered logos, or business or service advertising or identification.
N. Definitions of Words Beginning with the Letter "N."
Neighborhood Convenience Facility. A retail establishment offering for sale, any prepackaged food products or household items, newspapers or magazines, salads or sandwiches, or other freshly prepared foods, for consumption off the premises.
Noncommercial Speech. Any message that is not determined to be commercial speech as defined in this Division.
Nonconforming Structure. A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to a zoning ordinance, but which fails, 4875
Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-30 Ontario Development Code by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district.
Nonconforming Use. A use or activity which was lawful prior to the adoption, revision, or amendment to a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Nonprofit Social Service Organization. An organization that is incorporated under State law and has an unpaid board of directors, and which provides social services on a non-resident basis to the public, on an ability-to-pay or non-fee basis.
Nuisance. Anything that is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use in the customary manner of any public park, street, sidewalk, alleyway, highway or other public easement is a nuisance. The classifications of nuisance are as follows:
1) Private Nuisance. A private nuisance is an interference with a person's enjoyment and use of their land, recognizing that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
2) Public Nuisance. A public nuisance interferes with the public as a class, not merely one person or a group of citizens; however, some nuisances can be both public and private in certain circumstances where the public nuisance substantially interferes with the use of an individual's land.
3) Attractive Nuisance. An attractive nuisance is alluring or fascinating to those persons, who, because of their age, inexperience, and/or mental capability, are unable to recognize its dangerous quality.
Nuisance Vegetation. Weeds and wild grasses, such as those commonly known as foxtails, tumbleweeds, devil thorns, puncture vines, horehound gourd vines, and other similar grasses and weeds.
Nursery School. See "Child Day Care Facility."
Nursing Home (Convalescent Home (Hospital), Rest Home, or Rehab (Rehabilitation) Facility). A lodging and care facility for convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, as given in hospitals or sanitariums, is not provided. The terms "Nursing Home," "Convalescent Home," "Convalescent Hospital," "Rest Home," or "Rehab Facility" may be used interchangeably.
O. Definitions of Words Beginning with the Letter "O."
Office Building. A building containing two or more separate, independently owned, rented, leased, or operated commercial, administrative or support services, or professional tenants, in which the primary access to the lease area of each occupant is from the interior of the building (from a lobby or foyer), as opposed to direct access from a street or parking lot. 4876
Division 9.01—Definitions
Ontario Development Code Page 9.01-31 (Rev. 05.02.202311.05.2024) Open Space. Any lot or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring the open space. Open space does not include area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing private and public streets, drive aisles, or driveways. The classifications of open space are as follows:
1) Common. Open space within an area owned, designed, and set aside for use by all occupants of a development, or the occupants of a designated portion of a development.
Common open space is not dedicated to the public and is owned or maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas, and greenbelts, and excludes streets, drive aisles, driveways, parking lots and other similar pavement areas, parkways, and landscaping within a public right-of-way.
2) Private. Open space directly adjoining a dwelling, which is intended for the private enjoyment of the occupants of the dwelling. For multiple-family dwellings, private open space includes area within private patios or balconies. For single-family dwellings, private open space includes front, rear, and side yard areas of individual lots.
Overlay District. A zoning district established by this Development Code that may be applied to an area or vicinity only in combination with a base zoning district.
Owner. Any person in possession, or any person(s) shown as owner(s) on the last equalized property tax assessment rolls.
P. Definitions of Words Beginning with the Letter "P."
Passenger Vehicle. Any motor vehicle, unless the vehicle is used for the transportation of persons for hire, compensation, or profit.
Patio. An outdoor living area constructed at ground level, which may extend from a building or may be freestanding. Patios may or may not have covers or roofs, can take on any shape, and may be constructed of a variety of materials, including concrete, brick, stone, gravel, pavers, flagstone, or other similar materials.
Patio, Covered. A patio with a shade structure, consisting of a roof and structural supports.
Patio, Enclosed. A patio area, consisting of a roof and vertical walls on up to 3 sides which are a minimum of 65 percent open. For the purpose of this definition, the term "open" may include the use of screen material and/or plexiglass, or other similar material. An enclosed patio shall not include any portion of a building that is habitable, as defined in the Uniform Building Code.
Parcel Map. A map that is designated to be placed on record with the office of the County Recorder for any subdivision creating 4 or fewer lots, or 5 or more lots if the subdivision complies with the provisions of GC Section 66426.
Parking Area. A site, or a portion of a site, devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and related landscape and screening areas.
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Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-32 Ontario Development Code Parolee, Federal. An individual convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a Federal parole officer.
Parolee, State Adult. An individual who is serving a period of supervised community custody, as defined in PC Section 3000, following a term of imprisonment in a state prison and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division.
Parolee, Youth Authority. An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer.
Pavement (Paving). An area improved by the laying or covering with a material, such as asphalt, concrete, laid brick, or concrete block, so as to form a substantially flat, hard, and level all-weather surface. The terms "pavement" and "paving" may be used interchangeably.
Personal Property Donation Bin. An unattended canister, bin, box, receptacle, or similar device used for soliciting and collecting donations of personal property.
Personal Services. Services of a household or personal nature, such as dry cleaning, apparel repair, beauty and barbershops, but not including adult businesses as defined in this article.
Philanthropic Institution. See "Charitable Institution." Pickup Truck. A motor truck with a manufacturer's gross vehicle weight rating (GVWR) of less than 11,500 pounds and an unladen weight of less than 8,001 pounds, which is equipped with an open box-type bed less than nine feet in length. The term "pickup truck" does not include a motor vehicle otherwise meeting the aforementioned definition, which is equipped with a bedmounted storage compartment commonly called a "utility body" (CVC Section 471).
Place of Worship. See "Religious Assembly."
Planned Development. A development, other than a condominium or stock cooperative, having a common area owned by a property owner association, or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
Planned Residential Development. A residential development on a site under one ownership or under the legally incorporated control of the individual owner-members, approved in conjunction with a subdivision, developed as a single entity, allowing a mix of dwelling types and individual parcels, and containing commonly owned open space and recreation areas.
Planning Commission. The Planning Commission of the City of Ontario.
Planning Director. The Planning Director of the City of Ontario, or his/her designee.
Political Sign. Any election or non-election sign, advertising structure, or display that communicate any message or idea identifying, supporting, opposing, promoting, or conveying a position upon or relating to any political cause or issue, or candidate for public office, or proposition or issue connected with any local, special, state, or national election. 4878
Division 9.01—Definitions
Ontario Development Code Page 9.01-33 (Rev. 05.02.202311.05.2024) Pool Hall. See "Billiard Parlor."
Prezoning. The classification of unincorporated territory adjoining a City into one or more City zoning districts.
Primary Use, Activity, or Facility. The principal or main use, activity, or facility of land, buildings, or other structures.
Primary Business Activity. The principal concern or interest of a business, based upon volume of business activity, gross receipts, and gross floor area devoted to business activity, in order of rank or importance.
Property Line. A line of record, which bounds a lot, and which divides a lot from another lot, a public or private street, or from any other public or private space (also see "Lot Line").
Public Nuisance. A nuisance that affects at the same time, an entire community or neighborhood, or any large number of persons, although the extent of the annoyance of damage inflicted upon individuals may be unequal.
Public Service Installation. Buildings and other structures and equipment owned and/or operated by an agency of local, state or federal government.
Public Storage. See "Mini Warehouse."
Public Right-of-Way. Any public street, alley, sidewalk, street island, median, or parkway that is owned or granted by easement, operated, or controlled by the City.
Public Utility Installation. Buildings and other structures and equipment owned and operated by a public utility or private utility company subject to the regulation of the Public Utility Commission of the State.
Public View. Observable or likely to be observed by a person positioned on publicly or privately owned property, at a location to which the public have unfettered access.
Q. Definitions of Words Beginning with the Letter "Q."
Reserved
R. Definitions of Words Beginning with the Letter "R."
Recognized Lot. Any lot that was a separate lot of record on November 5, 1947, as shown in the official records of the County Recorder, or any lot that was created after July 21, 1977, in accordance with State law or any applicable City law, or any lot that, at the time of annexation of the City, was a separate lot of record, as shown in the official records of the County Recorder.
Recreational Vehicle. A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor homes, converted trucks or buses, boats and boat trailers, all-terrain vehicles, truck campers, personal water craft and trailers for their transport, off-road vehicles, fifth-wheel trailers, utility trailers and horse trailers. All-terrain and off-road vehicles licensed for use on the public street 4879
Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-34 Ontario Development Code shall not be considered a recreational vehicle, such as 4-wheel drive pick-up trucks, sport utility vehicles, and 4-wheel drive passenger vehicles.
Recreational Vehicle Park. A facility for the accommodation of recreational vehicles for short-term periods, generally for not less than one night and not used as a place of residence by persons, other than a manager or other employee and their families.
Recycling Center. A center for the collection and/or processing of recyclable materials certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (commencing with PRC Section 14500). A recycling facility does not include storage containers or processing activity on the premises of a residential, commercial, or industrial use, and used solely for the recycling of material generated by the residential property, business, or industry. For the purposes of these provisions, recyclable material shall mean reusable material, including, but not limited to metals, glass, plastic, and paper intended for reuse, remanufacture, or reconstitution for use in an altered form. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code. Recycling facility is further defined as follows:
1) Large Collection Facility. A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public, that occupies an area of more than 500 SF, is not appurtenant to a host use and may use a permanent building. In addition, large collection facilities may have the capacity for aggregating and storing large amounts of material on-site. 2) Processing Facility. A facility certified by the California Department of Conservation, which purchases empty aluminum beverage containers, bimetal beverage containers, glass beverage containers, plastic beverage containers, or any other beverage containers, including any one or more of those beverage containers that have a refund value established pursuant to the California Beverage Container Recycling and Litter Reduction Act, from recycling centers within the state of California, for recycling. Processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials, and repairing of reusable materials sufficient to qualify as a certified processing facility. A processing facility shall not shred, compact, or bale ferrous metals, other than food and beverage containers.
3) Reverse Vending Machine. An automated mechanical device that accepts one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass, and plastic bottles, and issues a cash refund or a redeemable voucher. A reverse vending machine may sort and process containers mechanically if the entire process is enclosed within the machine.
4) Small Collection Facility. A center of not more than 500 SF in area for the acceptance by donation, redemption, or purchase, of recyclable materials from the public, and consisting of one or more of the following:
a) Mobile Recycling Unit. An automobile, truck, trailer, or van that is licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
b) Bulk Reverse Vending Machine. A reverse vending machine that is larger than 50 SF in area, is designed to accept more than one container at a time and will pay by weight rather than by individual container.
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Division 9.01—Definitions
Ontario Development Code Page 9.01-35 (Rev. 05.02.202311.05.2024) c) Kiosk Type Unit. Portable recycling units but may include small permanent structures.
d) Unattended Containers. Any unattended container placed for the donation of recyclable material.
Rehab (Rehabilitation) Facility. See "Nursing Home."
Religious Assembly (Place of Worship). A facility operated for worship or recurring organized religious services, or activities, including churches, temples, mosques, synagogues, and other similar facilities of religious instruction. Such facilities may include a variety of traditional accessory uses, amenities and activities, such as offices, classrooms, multi-purpose rooms, play fields and gymnasiums, rectory, group living quarters, child and adult daycare facilities, and incidental retail activities that support the primary religious activity, limited to the sale religious books and paraphernalia. "Religious assembly" within commercial, mixed-use, and specialized use zoning districts may also include nontraditional accessory uses, amenities, and activities, such as general retail sales, entertainment facilities, sports and recreation centers, and broadcasting and recording studios. "Religious assembly" shall not include dwellings periodically used for religious activities that are clearly incidental to the primary residential use of the dwelling and do not create a nuisance.
Residence Inn. A lodging facility consisting of one or more buildings containing individual guest rooms or suites of rooms and/or dwelling units, which may provide kitchen facilities, amenities, recreational facilities, and/or meals. "Residence inn" shall not include residential, group, or community care facilities, as defined in this Division.
Residential Complex. Multiple-family residential developments, mobile home parks, and common interest developments, each consisting of 5 or more dwelling units constructed by a single developer or group of developers, and designed to function as a single cohesive unit in terms of access, parking, landscaping, property and landscape maintenance, and architecture, regardless of the subsequent parcelization.
Residential, Group, or Community Care Facility. Any facility, place or building that is maintained and operated to provide residential care as defined by State law and including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, abused or neglected children and the elderly. Community Care Facilities include, but are not limited to, the following: residential facility, adult day care facility, therapeutic day services facility, foster family agency, foster family home, small family home, social rehabilitation facility, community treatment facility, full service adoption agency, noncustodial adoption agency, and transitional shelter care facility. Any of these facilities with 6 or fewer people in residence shall be viewed as a single-family residence.
Residential Project. Conditional Use Permit, Development Plan, Subdivision Map, or other discretionary or ministerial land use approval that authorizes the development of one or more dwellings and/or residential lots.
Rest Home. See "Nursing Home."
Restaurant. A business establishment that prepares and serves food and drinks to customers in exchange for money. The classifications of restaurant are described as follows:
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Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-36 Ontario Development Code 1) Full-Service Restaurant. A sit-down eatery where food is served directly to the customers' table. These establishments may sell alcoholic beverages. Food and drink may be consumed on the premises, taken out, or delivered to customers' locations. 2) Limited Service Restaurants. An establishment whose patrons generally order or select items and pay prior to eating. Food and drink may be consumed on the premises, taken out, or delivered to customers' locations.
3) Cafeterias. A restaurant or dining room in a school or a business in which customers serve themselves or are served from a counter and pay before eating.
Reviewing Authority. Advisory Authorities, Approving Authorities, and Appeal Authorities of the City, which are responsible for acting on [i] land use or development entitlements, permits, and licenses; and [ii] other planning, zoning, and/or development actions and decisions, as established by Division 2.02 (Application Filing and Processing) of this Development Code.
Rooming House. See "Boarding House."
S. Definitions of Words Beginning with the Letter "S."
Salvage Facility. Any place of outdoor storage or deposit for the storing, keeping, processing, buying, or selling of junk motor vehicles and/or scrap metal, or an outdoor area used for the operation of a motor vehicle graveyard. A salvage facility does not include a garage where wrecked or disabled motor vehicles are stored for less than 90 days, for repairs.
As used in this definition, the following terms shall apply:
1) Motor Vehicle Graveyard. A yard, field, or other outdoor area used or maintained for storing or depositing more than one junk motor vehicle on a property owned or controlled by the owner of the Junk Motor Vehicle. A Motor Vehicle Graveyard does not include the following:
a) An area used by a motor vehicle hobbyist to store, organize, restore, or display motor vehicles, or parts of such vehicles, provided that the hobbyist's activities comply with all applicable federal, State, and local laws;
b) An area used by a motor vehicle dealership for the storage of new or used operational motor vehicles; and/or
c) An area used or maintained for the temporary parking or storage of operational commercial motor vehicles, which are temporarily out of service and/or unregistered but are expected to be used in the future by the motor vehicle owner or operator. For the purpose of this definition, "temporarily out of service and/or unregistered" shall mean a period of 90 days from the date of placement or discovery.
2) Junk Motor Vehicle. A discarded, dismantled, wrecked, scrapped, or ruined motor vehicle, or parts thereof, or a motor vehicle, other than an on-premise utility vehicle, which is allowed to remain unregistered for a period of 90 or more days from the date of placement or discovery.
School, Private. A school owned and operated by a private entity.
School, Public. A school owned and operated by a public school district. 4882
Division 9.01—Definitions
Ontario Development Code Page 9.01-37 (Rev. 05.02.202311.05.2024) Self-Storage Facility. A structure or group of structures containing separate storage spaces of varying sizes to be leased or rented on an individual basis.
Senior Citizen. As set forth in CC Section 51.3, as said section may be hereinafter amended.
Senior Citizen Housing Development. A housing development consistent with the California Fair Employment and Housing Act, which has been designed to meet the physical and social needs of senior citizens, and which otherwise, qualifies as housing for senior citizens pursuant to CC Section 51.1. Senior Citizen Housing Developments shall not include Congregate Care Facilities, as defined in this Division.
Service Station. See "Gasoline Service Station."
Setback Area. A required open space area on a parcel of land, unobstructed and unoccupied from the ground upward, except as permitted by this Development Code. The classifications of setback area are described as follows:
1) Front. An area that abuts a public or private street, or access easement, which extends across the full width of a lot, the depth of which is the minimum required horizontal distance specified for the zoning district, measured in a straight line perpendicular to the front lot line and extending from the front lot line (measured from face-of-curb in the case of an access easement) toward the interior of the lot, to a line parallel to the front lot line. 2) Interior Side. An area that abuts another lot or lots, extending across the full depth of a lot, the width of which is the minimum required horizontal distance specified for the zoning district, measured in a straight line perpendicular to the interior side lot line, and extending from the interior side lot line, toward the interior of the lot, to a line parallel to the interior side lot line. 3) Rear. An area extending across the full width of a lot, the depth of which is the minimum required horizontal distance specified for the zoning district, measured in a straight line perpendicular to the rear lot line and extending from the rear lot line toward the interior of the lot, to a line parallel to the rear lot line.
4) Street Side. An area that abuts a public or private street, or access easement, which extends across the full depth of a lot, the width of which is the minimum required horizontal distance specified for the zoning district, measured in a straight line, perpendicular to the street side lot line and extending from the street side lot line (measured from face of curb in the case of an access easement), toward the interior of the lot, to a line parallel to the street side lot line.
Shopping Center. A group of retail stores and similar complementary establishments on a site that is planned and built as a coordinated unit, with shared pedestrian and vehicular circulation and off-street parking.
Single Room Occupancy Hotel. A cluster of 5 or more dwelling units on one property for weekly or longer tenancy and providing sleeping and living facilities for one or 2 persons within the unit, in which sanitary facilities are also normally provided and cooking facilities may be provided within each unit or shared by multiple units.
Single Tenant Building. A building in which no more than one owned, rented, leased or operated commercial occupancy is contained.
4883
Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-38 Ontario Development Code Sign. Any writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other device, figure, or similar character that: [i] is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building, other structure or device; and [ii] is used to announce, direct attention to, or advertise; and [iii] is visible from the outside of a building.
The classifications of "sign," and definitions specifically related to the establishment of a sign, are as follows:
1) Backlit Awnings and/or Canopies. Awnings and/or canopies that are illuminated from behind so as to permit the transmission of light through a covering material, which thereby serves to attract attention to the building or structure upon which the awnings and/or canopies are affixed.
2) Banner Signs. A Temporary sign of lightweight flexible plastic, nylon, fabric, or similar material. Banner signs are further classified as follows:
a) Promotional or Special Event Banners. A sign attached to a building, wall or fence, or otherwise suspended down or across its face for the purpose of advertising a promotion or special event for an interim period, as specified by this Development Code. b) Street Banners. A sign that is mounted on City light standards within the right-of-way of arterial public streets, for the purpose of [i] promoting economic development messages to the general public, or [ii] for honoring the men and women of the City that are actively serving with the United States armed forces, or have died while serving. 3) Billboard Sign. A sign located in an area distant, and on a separate parcel of land from the place where the product, business, or premises being advertise is located. 4) Building Identification Sign. A sign that identifies the name of a building, or the primary use, establishment, activity, owner, or occupant of a building. 5) Center (Complex) Identification Sign. A sign that identifies a shopping center, office complex, industrial complex, or other use of a site containing more than one establishment. 6) Construction Sign. Signage that identifies contractors, lenders, designers, realtors, and other similar parties involved in the construction of a building or site. 7) Content Neutral Sign. Consistently applicable non-discriminatory sign regulations that specify, without reference to the content of the message, when, how, and where a sign can be displayed, with physical standards, such as, but not limited to, height, size and location, that allow the sign to be readable.
8) Descriptor Sign. Secondary signage that is intended to illustrate the products or services sold or offered by a business at the site on which the business is located. 9) Directional Sign. Signage intended to lead pedestrian and/or vehicular traffic to a predetermined location or destination.
10) Double-Faced Sign. A sign with two parallel opposing (back-to-back) faces. 4884
Division 9.01—Definitions
Ontario Development Code Page 9.01-39 (Rev. 05.02.202311.05.2024) 11) Electronic Message Display. An LED, LCD, or plasma advertising display containing a changing text message or pictorial presentation.
12) Electronic Text Display. A sign with electronically controlled changeable copy and/or message containing internally illuminated letters whose function is primarily to scroll text. Such signs are intended for use with those retail, entertainment, and assembly uses that typically necessitate signs with easily changeable copy, such as fuel pricing signs, marquee-type signs for public or private schools, public facilities and services, theaters, convention centers, arenas, places of worship, and other similar assembly uses.
13) Fascia Sign. A sign on the exterior of a building that is attached to a wooden board or other flat piece of material that covers the ends of joists or rafters. 14) Freestanding Sign. A sign structure that is permanently affixed to the ground, and includes: [i] complex identification monument signs, which identify a commercial, professional or industrial complex or center, which consists of 2 or more separate buildings, or 5 or more uses within one or more buildings; [ii] building or tenant (business) identification monument signs, which identify a single building or specific use or uses within an individual building; and [iii] freeway oriented signs.
15) Freeway Sign. A freestanding sign, including a sign incorporated into garden and screen wall, that is located within 600 FT of a roadway that is declared to be a freeway in compliance with the California Streets and Highways Code, and which complies with the minimum "freeway sign" requirements established by Division 8.01 (Signs) of this Development Code.
16) Fuel Island Canopy Sign. Signage placed on the fascia of a canopy structure located over pump (fuel dispenser) islands.
17) Historical Marker. An indicator, such as a plaque or sign, to commemorate an event or person of historic interest, and to associate that point of interest with a specific locale one can visit.
18) Human Sign. An advertisement that is applied to, worn, or held by a person. Most commonly, this means holding or wearing a sign, but may also include wearing advertising as clothing. A person holding a sign is known in the advertising industry as a "human directional," but may also be referred to as a "sign walker," "sign waver," or "sign twirler." Frequently, a "human directional" will spin or dance, or wear a costume with the promotional sign in order to attract attention.
19) Menu Board. A board on which a food menu is written. 20) Monument Sign. A freestanding sign with a solid base that is in close contact with the ground, which is equal to or larger than the width of the sign face and incorporates the architectural theme and building materials of the building(s) located on the property in which the sign serves.
21) Off-Site Subdivision Sign. A sign that is located off-site, which contains the name of and the direction of travel to a residential subdivision project in the City. 4885
Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-40 Ontario Development Code 22) Permanent Sign. A sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign.
23) Pole Sign. A freestanding sign with visible support structure. 24) Political Sign. Any display utilized for the purpose of proposing or opposing the election of a candidate, or ballot measure or proposition.
25) Portable Sign. A sign not permanently attached to the ground or building, with a power-cord for connection to an electrical source, and readily removable using ordinary hand tools.
26) Real Estate Sign. A temporary sign advertising the sale, rental, or lease of the premises upon which the sign is maintained.
27) Roof Sign. A sign mounted on or above the roof of a building, but not including a sign mounted on a parapet.
28) Single-Face Sign. A sign with only one face plane.
29) Supergraphics. A large-scale painted or applied sign, typically in bold colors and containing simple geometric or typographic designs, placed over exterior walls of buildings, and sometimes roofs.
30) Swooper Sign. A sign that is longer than it is wide, which is made of a flexible material (typically cloth, nylon, or vinyl), and mounted to a pole that allows it to fly freely, and is commonly used to attract attention to a business or event, or to advertise goods and/or services. 31) Temporary Sign. Any sign not intended for permanent installation, which is incidental or secondary in nature, and is subject to a time limitation, such as banner signs, construction signs, political signs, and real estate signs.
32) Tenant (Business) Identification Sign. A sign displaying the name of the business to which it pertains and/or the name or description of the products or services sold or offered by the business at the site on which the business is located. A business identification sign may be an attached or freestanding sign.
33) Vehicle-Mounted Billboard (moving or stationary). An automobile, truck, trailer, semitrailer, or other vehicle to which a business identification sign is mounted, painted, or otherwise affixed.
34) Wall Sign. A sign attached to the exterior wall of a building or structure. 35) Way-Finding Signs. Signage, including maps and other graphic or audible methods, which is used to convey location and directions to pedestrian and/or vehicular traffic. 36) Window Sign. A sign that is posted, painted, placed, or affixed to, or suspended or placed within 5 FT feet of the interior side of, a window or glass door of a building, which is intended for viewing from the exterior of the building.
4886
Division 9.01—Definitions
Ontario Development Code Page 9.01-41 (Rev. 05.02.202311.05.2024) Sign Area. The entire face of a sign, including the surface of any framing, projections or molding, but not including the support structure. The area of a sign consisting of individual channel letters mounted on a building wall or freestanding structure shall be calculated by including the entire area within a single, continuous perimeter enclosing the extreme limits of lettering, representation, emblem, or other display.
Sign Copy. Any words, letters, numbers, figures, designs, or any other symbolic representations incorporated onto the face of a sign, excluding building addresses.
Sign Face. The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.
Site. A parcel of land or combination of contiguous parcels of land.
Site Area. The net horizontal area included within the boundary lines of a site, not including the area of any easement within which the right of use has been relinquished, and not including the area within the established right-of-way of a public street, future public street, railroad, or any other area dedicated or to be dedicated for a public use.
Small Cell Facility. Has the same meaning as "small wireless facility" in 47 CFR 1.6002(l), or any successor provision, which is a personal wireless services facility that meets the conditions that, solely for convenience, have been set forth below.
1) The facility:
a) is mounted on a structure 50 FT or less in height, including antennas, as defined in 47 CFR Section 1.1320(d), or
b) is mounted on a structure no more than 10 percent taller than other adjacent structures, or
c) does not extend an existing structure on which it is located, to a height of more than 50 FT or by more than 10 percent, whichever is greater; 2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than 3 cubic feet in volume;
3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
4) The facility does not require antenna structure registration under 47 CFR Part 17; 5) The facility is not located on Tribal lands, as defined under 36 CFR Section 800.16(x); and
6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR Section 1.1307(b).
Special District. An agency of the State for the local performance of governmental or proprietary functions within limited boundaries including a county service area, a maintenance 4887
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(Rev. 05.02.202311.05.2024) Page 9.01-42 Ontario Development Code district or area, an improvement district, or any other area or district formed for the purpose of designating an area within which a tax or charge will be levied to pay for a service or improvement benefiting that area, but not including a school district or community college district.
State. The State of California.
State Density Bonus Law. The laws, rules and regulations contained in GC Section 65915, as said section may be hereinafter amended.
State Freeway. Any section of a State highway that has been declared to be a freeway by resolution of the Highway Commission of the State, pursuant to the provisions of SHC Section 100.3, and/or any section of State highway that has been fenced by a State agency between intersecting streets, for the purpose of limiting or restricting access thereto.
Stealth Facility. Any wireless telecommunications facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roofmounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements and details, and antenna structures designed to look like light poles, trees, and flagpoles. Stealth facilities are also referred to as concealed antennas.
Street. Any public or private thoroughfare, other than an alley, that provides the principal means of access to abutting property and has been designed and/or constructed pursuant to the City's minimum established standards for public streets. The classifications of "street" are as follows:
1) Arterial Street. A street with signals at important intersections and stop signs on the side streets that collect and distribute traffic to and from collector streets. 2) Collector Street. A street that collects traffic from local streets and connects with arterial streets.
3) Local Street. A street designed to provide vehicular access to abutting property and to discourage through traffic.
4) Private Street. A street in private ownership, which complies with all of the following:
a) The street is built to the standards for public streets established by the City of Ontario;
b) The street has not been accepted for dedication as a public street; and c) The street is the principal means of vehicular access to properties that do not have access to a public street.
5) Public Street. A street that has been accepted for dedication by the City, the County, or the State.
Stock Cooperative. A development in which a corporation is formed to hold title to improved real property, and in which all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. 4888
Division 9.01—Definitions
Ontario Development Code Page 9.01-43 (Rev. 05.02.202311.05.2024) Story. That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between the floor and the ceiling above it, and including basements used for primary use.
Structure. Anything that is built or constructed, whether installed on, above, or below the surface of land or water, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including light standards, poles, lines, cables, or other transmission or distribution facilities of a public utility.
Subdivider. A person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for oneself or others. The term shall not include employees or consultants of such persons or entities, acting in such capacity.
Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in CC Section 1351(f), a community apartment project, as defined in CC Section 1351(d), or the conversion of 5 or more existing dwelling units to a stock cooperative, as defined in CC Section 1351(m).
Subdivision Map Act. The provisions of GC Title 7, Division 2, commencing with Section 66410, and such amendments thereto as may be made from time to time.
Substandard Lot. Any lot that does not meet the minimum dimension or area requirement of the zoning district in which it is located and for which no variance has been obtained. In determining the minimum lot area or dimensions, the area of any easement that restricts the normal usage of the lot may be excluded.
Supermarket. See "Grocery Store."
Supportive Housing. As defined in HSC Section 50675.14(b)(2), "supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. For the purposes of this definition, the term "target population" means persons, including persons with disabilities, and families who are "homeless," as that term is defined by USC 42 Section 11302, or who are "homeless youth," as that term is defined by GC 11139.3(e)(2).
Furthermore, individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was homeless when approved for tenancy in the supportive housing project in which they currently reside.
Swap Meet (Concession Mall). The retail sales of a variety of unrelated merchandise within a single enclosed establishment or marketplace by 5 or more independent persons, merchants and/or businesses, that individually occupy or make use of floor area or wall space, for which a fee, commission, rent, or lease is charged. The terms "swap meet" and "concession mall" may be used interchangeably.
T. Definitions of Words Beginning with the Letter "T."
Tasting Room. A separate area of the alcoholic beverage manufacturer's licensed premises, maintained and operated by and for an alcoholic beverage manufacturer, wherein 4889
Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-44 Ontario Development Code alcoholic beverages may be sold and served by an employee or designated representative of the alcoholic beverage manufacturer, to consumers of legal drinking age for consumption on the alcoholic beverage manufacturer's licensed premises. The alcoholic beverages served shall be limited to the products that are authorized to be sold by the alcoholic beverage manufacturer under its license issued by the California Department of Alcoholic Beverage Control. Alcoholic beverages manufactured elsewhere may not be sold in the tasting room or on the alcoholic beverage manufacturer1s licensed premises. A tasting room is, and at all limes shall remain, an incidental use to the primary alcoholic beverage manufacturing use.
Temporary Use, Activity or Facility. A use, activity, or facility established pursuant to the requirements of this Development Code, for a specific period of time, with the intent to discontinue the use, activity, or facility at the end of the designated time period.
Tentative Map. A map prepared for showing the design of a proposed subdivision and the existing conditions in and around it. The classifications of "tentative map" are as follows:
1) Tentative Parcel Map. A tentative map for a proposed subdivision creating 5 or more lots, 5 or more condominiums as defined in CC Section 783, a community apartment project containing 5 or more parcels, or for the conversion of a dwelling to a stock cooperative containing 5 or more dwelling units, excepting those subdivisions that comply with the provisions of GC Section 66426(a) through (d).
2) Tentative Parcel Map. A tentative map for a proposed subdivision creating 4 or fewer lots or 5 or more proposed lots that comply with the provisions of GC Section 66426(a) through (d). 3) Vesting Tentative Map. A tentative map prepared in accordance with the provisions of this Title that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed.
Tow Truck. Pursuant to CVC Section 615A motor vehicle that has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly, or is otherwise primarily used to render assistance to other vehicles.
The term "tow truck" also includes a "roll-back carrier" designed to carry up to 2 vehicles, and excludes an automobile dismantler's tow vehicle or a tow vehicle used for the repossession of vehicles, defined as follows:
1) Automobile Dismantlers' Tow Vehicle. A tow vehicle that is registered by an automobile dismantler licensed pursuant to BPC Division 5, Chapter 3 (commencing with Section 11500), and is used exclusively to tow vehicles owned by the automobile dismantler in the course of the automobile dismantling business.
2) Repossessor's Tow Vehicle. A tow vehicle that is registered to a repossessor licensed or registered pursuant to BPC Division 3, Chapter 11 (commencing with Section 7500), which is used exclusively in the course of the repossession business.
Tract Map. See "Final Map."
Trailer Coach. A trailer designed primarily for human habitation or human occupancy.
Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement, for a period of 30 days or less, 4890
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Ontario Development Code Page 9.01-45 (Rev. 05.02.202311.05.2024) counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed a transient until said 30-day period has expired.
Transitional Housing. Intended as a middle point between "emergency shelter" and permanent housing, "transitional housing" provides shelter for homeless individuals and families for up to 2 years, in an environment of security and support, which is designed to help residents progress toward self-sufficiency.
Transitional Living Centers. A facility for homeless persons, which varies by program and facility. The length of stay and services provided vary by program. Some transitional living facilities are simply shared houses with minimal supervision, while others may provide meals, medical care, employment assistance, case management, and other similar homeless services.
Transportation Terminal. A station or passenger terminal for any type of transportation system.
Trash Containers. Any container such as trash bags, boxes, or bins used to store trash, rubbish, or other such refuse matter that meets the requirements of OMC Section 6-3.302 (Placement of Refuse, Recycling and Green Waste in Receptacles) and is placed at a collection point.
Travel Trailer. A non-motorized vehicle designed to be towed by a motor vehicle, used for recreation purposes, including human habitation while parked or at rest, but not as a permanent place of residence.
Tree. A plant having a permanently woody main, erect stem or trunk, with a circumference of at least 9.5 inches (or a diameter of 3 inches) at a height of 54 inches above natural grade at maturity, having a rather distinct and elevated head (crown), and usually developing branches at some distance from the ground.
Truck Camper. A recreation vehicle in which the part containing the living and sleeping accommodations is separate from the vehicle and may be removed from the bed of the truck.
Truck Tractor. A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the vehicle weight and load that is drawn. As used herein, the term "load" does not include items carried on the truck tractor in conjunction with the vehicle operation if the load carrying space for these items does not exceed 34 SF (CVC Section 655).
U. Definitions of Words Beginning with the Letter "U."
Unladen Vehicle Weight. The weight of a vehicle equipped and ready for operation on the road, including body, fenders, permanently attached boxes, and body parts, oil in the motor, radiator full of water, weight of 5 gallons of fuel, and any machinery, equipment, or attachment that functions as a part of the body or vehicle in its normal operation.
University. See "College."
Urban Farm. The growing of plants and products derived from them, which are grown and sold on the same lot, or sold off-site.
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(Rev. 05.02.202311.05.2024) Page 9.01-46 Ontario Development Code Use. The purpose for which land, buildings or other structures are arranged, designed, intended, constructed, erected, moved, altered, or enlarged, or for which either land, buildings or other structures may be occupied or maintained.
Used Merchandise Stores. Retail establishments primarily engaged in the sale of vintage goods, antique furniture and home furnishings, antique glassware, rare books and manuscripts, and other antique objects of art, and previously owned goods. "Used merchandise stores" does not include the retail sales of used motor vehicles and parts, such as automobiles, recreational vehicles, motorcycles, boats, motor vehicle parts, tires, and mobile homes, and pawn shops, which sell a variety of used merchandise but generate most of their revenue from interest and fees on loans.
The classifications of "used merchandise stores" are as follows:
1) Antique Shops/Dealers. A retail establishment offering objects for sale that are 100 or more years old, such as works of art, furniture or decorative items, that are collected or desirable because of age, rarity, condition, utility, craftsmanship or other unique feature, and which represent a previous era in human society.
2) Collectibles Shops. A retail establishment offering new or used objects for sale, typically mass produced, which are less than 100 years old and are designed for people to collect or have value due to their rarity and/or desirability.
3) Consignment Shops. A retail establishment offering objects for sale that are owned by others and derives their profit by collecting a set fee for the objects that are sold or retaining a portion of their purchase price.
4) Flea Markets and Swap Meets. A single enclosed retail establishment offering a variety of unrelated objects for sale, within which individual sales booths, or stall or wall spaces are available for use, for which a fee, commission or lease is charged, for the display and/or sale of new, antique, vintage, or collectible objects or merchandise, or for the display and/or sale of services, by 5 or more vendors possessing a valid City business license. 5) Thrift and Secondhand Stores. A retail establishment operated by a charitable organization for the purpose of fundraising, offering objects for sale that are used, typically at reduced prices.
6) Used Goods Stores. A retail establishment offering objects for sale that that are used or previously owned, such as clothing, shoes, furniture, home furnishings, appliances, electronic equipment and devices, books, musical instruments, compact discs (CDs), tapes, records, and specialty building materials architectural elements.
7) Vintage Shops. A retail establishment offering objects for sale that are more than 20 years old, and which exhibit the best of a certain quality, or qualities, associated with, or belonging to, a specific era, and is representational and recognizable as belonging to the era in which it was made.
V. Definitions of Words Beginning with the Letter "V."
Vanpool Vehicle. Any motor vehicle, other than a motor truck or truck tractor, which is designed for carrying more than 10, but not more than 15 persons (including the driver), which is 4892
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Ontario Development Code Page 9.01-47 (Rev. 05.02.202311.05.2024) maintained and used primarily for the nonprofit work-related transportation of adults for the purposes of ridesharing (CVC Section 668).
Variance. A zoning instrument which allows deviation from development standards required in the Code when, because of special circumstances applicable to the property, strict application of Code requirements deprives a property the privileges enjoyed by other properties in the vicinity and under identical zoning. Any variance granted will assure that the adjustment granted will not constitute a special privilege.
Variety Store. An establishment primarily engaged in retailing new goods in general merchandise stores (except department stores, discount stores, warehouse clubs, superstores, and supercenters). These establishments retail a general line of new merchandise, such as apparel, automotive parts, dry goods, hardware, groceries, housewares or home furnishings, and other lines in limited amounts, with none of the lines predominating.
Veterinary Hospital. See "Animal Hospital."
W. Definitions of Words Beginning with the Letter "W."
Wellness Center. An establishment that offers health services for the body and mind, including but not limited to fitness, personal training, nutrition consulting, skin care services, massage, holistic and herbal therapies, and therapeutic application and retail sales of medicinal cannabis products containing cannabidiol (CBD), but excluding all products containing tetrahydrocannabinol (THC).
Whip (Omnidirectional, Stick or Pipe) Antenna. An antenna that transmits signals in 360 degrees. Whip antennae are typically cylindrical in shape and are less than 6 inches in diameter and measure up to 18 FT in height.
Wine. The product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar, or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name, and which does not contain more than 15 percent added flavoring, coloring, and blending material, and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake (also known as Japanese rice wine).
Wine Grower. Any establishment licensed by the Department of Alcoholic Beverage Control of the State of California, which has facilities and equipment for the conversion of grapes, berries, or other fruit into wine, and is engaged in the production of wine within the City.
Wireless Telecommunications Facility. The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
X. Definitions of Words Beginning with the Letter "X."
Reserved
Y. Definitions of Words Beginning with the Letter "Y."
4893
Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-48 Ontario Development Code Yard. An open space unoccupied by and unobstructed from the natural ground upward, except as otherwise provided for in this Development Code. Required yards shall be measured parallel with the front, side or rear property line, as appropriate, in a line perpendicular to the nearest point of a structure on the site; provided, however, where a future right-of-way of a street, highway, freeway or railroad has been established, required yards shall be measured from the established right-of-way line.
Where a site abuts on a street having only a portion of its required width dedicated or a reserved for street purposes, the required yard shall be measured from the line establishing the additional width required for street purposes abutting the line.
On a site that is so irregularly shaped that the locations of the required front, side, and rear yards cannot clearly be identified, the locations and the manner of measurements shall be prescribed by the Zoning Administrator.
The classifications of "yard" are described as follows:
1) Front. A yard that extends across the full width of a lot, between the primary (front) façade of the forward-most building on the lot and the front property line, the depth of which is the horizontal distance between the front property line and the structure. 2) Interior Side. A yard that abuts another lot or lots, extending between the front and rear yards, the depth of which is the horizontal distance between the side property line and a structure on the site.
3) Rear. A yard extending across the full width of a site, between the rear-most building and the rear property line, the depth of which is the horizontal distance between the rear property line the structure.
4) Street Side. A yard that abuts a public or private street, or access easement, extending between the front and rear yards, the depth of which is the horizontal distance between the side property line and a structure on the site.
Z. Definitions of Words Beginning with the Letter "Z."
Zoning District (Zone). A specifically delineated area, district, or zone within the City, in which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings. The terms "zoning district" and "zone" may be used interchangeably.
Zoning Administrator. The Zoning Administrator of the City of Ontario, or their designee.
9.01.015: Acronyms and Abbreviations
For the purposes of this Development Code, the following abbreviations and acronyms shall have the meanings listed below:
<—Less than
<—Less than or equal to
>—Greater than
>—Greater than or equal to
ABC—Department of Alcoholic Beverage Control of the State of California 4894
Division 9.01—Definitions
Ontario Development Code Page 9.01-49 (Rev. 05.02.202311.05.2024) AC—Acre(s)
ADA—Americans with Disabilities Act of 1990
ADT—Average Daily Trips made by vehicles or persons within a 24-hour period ALUC—Airport Land Use Commission of the City of Ontario ALUCP—Airport Land Use Compatibility Plan
AQMD—Air Quality Management District
ARB—California Air Resources Board
BLM—United States Bureau of Land Management
BMP—Best Management Practices
BMR—Below Market Rate
BPC—Business and Professions Code of the State of California BTH—Brown trunk height
CAC—California Administrative Code
CalEPA—California Environmental Protection Agency
CalGreen—California Green Building Standards Code
CBD—Central Business District
CC—Civil Code of the State of California
CCP—Code of Civil Procedure
CC&Rs—Covenants, conditions, and restrictions
CCR—California Code of Regulations
CDBG—Community Development Block Grant
CEQA—California Environmental Quality Act of 1970, as amended CESA—California Endangered Species Act
CF—Cubic feet (foot)
CFD—Community Facilities District
CFR—Code of Federal Regulations
CHBC—California Historical Building Code
CIP—Capital Improvement Program
CLG—Certified Local Government
CMP—Congestion Management Plan
CNEL—Community Noise Equivalent Level
CNO—Chino Airport
CNO ALUCP—Chino Airport Land Use Compatibility Plan
COG—Council of Governments
CPI—Consumer Price Index
CSA—Community Service District
CUP—Conditional Use Permit
CVC—California Vehicle Code
CWA—Federal Clean Water Act
CY—Cubic yard
DAB—Development Advisory Board of the City of Ontario
dB—Decibels
DFG—California Department of Fish and Game
DG—Decomposed Granite
DMV—Department of Motor Vehicles of the State of California DOE—United States Department of Energy
DOT—United States Department of Transportation
du/ac—Residential dwelling unit per acre
DU—Residential dwelling unit
EC—Education Code of the State of California
EIR—Environmental Impact Report
EIS—Environmental Impact Statement
4895
Division 9.01—Definitions
(Rev. 05.02.202311.05.2024) Page 9.01-50 Ontario Development Code EPA—Federal Environmental Protection Agency
ESA—Federal Endangered Species Act
FAA—Federal Aviation Administration
FAR—Floor area ratio
FEIR—Final Environmental Impact Report
FEMA—Federal Emergency Management Agency
FHA—Federal Housing Administration
FHWA—Federal Highway Administration
FIA—Fiscal Impact Analysis
FIFRA—Federal Insecticide, Fungicide and Rodenticide Act FIR—Fiscal Impact Report
FT—Feet (foot)
GC—Government Code of the State of California
GFA—Gross floor area
GLA—Gross leasable area
HCD—California Department of Housing and Community Development HDR—High Density Residential
HPC—Historic Preservation Commission of the City of Ontario HSC—Health and Safety Code of the State of California
HUD—United States Department of Housing and Urban Development JPA—Joint Powers Authority
LAB—Labor Code of the State of California
LAC—Local Assistance Committee
LAFCO—Local Agency Formation Commission
LDR—Low Density Residential
LOS—Level of Service
MDR—Medium Density Residential
MOU—Memorandum of Understanding
NEPA—National Environmental Policy Act
NOC—Notice of Completion
NOD—Notice of Determination
NOP—Notice of Preparation
NPDES—National Pollution Discharge Elimination System
ODC—Ontario Development Code
ONT—Ontario International Airport
ONT ALUCP— Ontario International Airport Land Use Compatibility Plan OPA—Office of Permit Assistance of the State of California OPR—Governor's Office of Planning and Research of the State of California OMC—Ontario Municipal Code
PC—[i] Penal Code of the State of California; or [ii] Planning Commission PRC—Public Resources Code of the State of California
PUC—Public Utilities Code of the State of California
PUD—Planned Unit Development
Ref—Reference
RFP—Request for Proposal
RFQ—Request for Qualifications
RLUIPA—Religious Land Use and Institutionalized Persons Act R-O-W—Right-of-Way
RWQCB—Regional Water Quality Control Board
SCAQMD—South Coast Air Quality Management District
SF—Square Feet (Foot)
SFR—Single-Family Residential
4896
Division 9.01—Definitions
Ontario Development Code Page 9.01-51 (Rev. 05.02.202311.05.2024) SHC—Streets and Highways Code of the State of California SMA—Subdivision Map Act
TOD—Transit Oriented Development
TOT—Transient Occupancy Tax
USC—United States Code
WQMP—Water Quality Management Plan
WRCB—Water Resources Control Board
WUCOLS—Water Use Classifications of Landscape Species
4897
4898
Ontario Development Code Page 9.02-1 (Rev. 05.02.2023)
Division 9.02—Glossary
Sections:
9.02.000: Purpose
9.02.005: Applicability
9.02.010: Glossary of Terms and Phrases
9.02.000: Purpose
The purpose of this Division is to define common nomenclature used in explaining, depicting, expressing, illustrating, or portraying urban planning and architectural design concepts and elements.
9.02.005: Applicability
A. Unless otherwise apparent from the context, the urban planning and architectural design nomenclature stated in this Division may be used in the implementation of the development and design standards of this Development Code.
B. The words, terms, phrases, abbreviations, and acronyms defined in this Division shall be maintained in correct alphabetical order.
9.02.010: Glossary of Terms and Phrases
A. Definition of Words Beginning with the Letter "A."
Acoustical Separation. An area or component provided for the purpose of restricting sound transmission between abutting areas or building modules.
Arcades. Covered walkways attached to buildings and supported on one side by columns.
Arcades provide pedestrians with shelter and can serve to provide large buildings with a more human scale.
Articulation. The visible expression of architectural or landscape elements through form, structure or materiality. Articulation provides a method for reducing the scale and breaking up the mass of buildings and plazas.
Awnings. Roof-like shelters, generally of canvas, that project from the wall of a building.
Awnings serve to provide protection for buildings and pedestrians against the harsh elements of sunlight and weather.
B. Definition of Words Beginning with the Letter "B."
Bank. A sloping surface often used to create separation. See also "Berm." Base. The bottom portion of a building, which generally supports its upper portions, both structurally and visually.
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Division 9.02—Glossary
(Rev. 05.02.2023) Page 9.02-2 Ontario Development Code
Bays. The term "bays" may be used when referring to the structural design of a building or when referring to parking lot design, as follows:
1) Bays of a Building. Structural modules occurring
between the vertical means of support. Structural bays generally occur between columns or load-bearing walls.
2) Parking Bays. Bays in parking lots are a "complete"
parking module consisting of a drive aisle with perpendicular or diagonal parking on one side (single-loaded parking bays) or both sides (double-loaded parking bays) (see figure, right).
Bay Windows. Window assemblies that protrude beyond
the wall plane of a building. Bay windows may be semi-circular, faceted, or rectangular, and often have their own roof. They are used to provide a wider view, bring in more light, and contribute to the articulation of a building's exterior.
Berm. An artificial bank of earth usually located along roadsides and off-street parking areas. Berms serve to physically and visually separate areas by raising the level of plants and other landscape elements.
Bollard Light. A short post, generally not more than 3 feet in height, with a built-in light fixture at its uppermost portion (see example, right).
Build-Out. Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations.
Build-To Lines. Building edges that are required to be placed at given locations, as established by the development standards of the City. Build-to lines are generally defined as a given distance from a property line, and can be used to encourage building fronts, entrances and windows to line and spatially define streets, parks, or plazas.
C. Definition of Words Beginning with the Letter "C."
Can Sign. A sign that is internally or externally illuminated, which is generally formed into a square or rectangular-shaped box.
Canopy. A structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity, or decoration, and may be structurally independent or supported by attachment to a building.
Cantilever. A horizontal projection without external bracing. Cantilevers may appear visually awkward, as they typically appear to have no apparent source of support.
Cap. The crowning feature of a wall. Caps protect walls from the weather and provide architectural detailing that contributes to the wall's visual interest.
Parking Bays
Bollard Light
Double-Loaded
Parking Bay
4900
Division 9.02—Glossary
Ontario Development Code Page 9.02-3 (Rev. 05.02.2023)
Cobrahead Light. A streetlight whose luminaire is
supported on a cantilevered arm, which extends over the street, having a profile vaguely resembling that of a cobra snake (see example, right).
Clapboard Siding. A building sheathing made up of
overlapping horizontal boards.
Clerestory Windows. Windows with high sills that are often used to bring in light when lower windows are undesirable because of privacy concerns.
Common Open Space. Semi-public areas intended for the
use of residents or workers within a project. Common open spaces may include gardens, plazas, or recreational spaces.
Connecting Walkways. Pedestrian paths that connect
buildings or open spaces directly to the street and are not overly circuitous. See also "Pedestrian Connections."
Cornice. Horizontal ornamentation on a building's façade, which is generally located near the top of a building's façade and is often located near the floor line of upper stories (see example, right).
Cupola. A small hat-like projection occurring the ridgeline of a roof. Cupolas traditionally covered the place where large structures, like barns, were vented.
D. Definition of Words Beginning with the Letter "D."
Detailing. The manner in which separate building elements are assembled. Careful detailing will minimize the effects of weather on buildings and promote an attractive and longlasting appearance.
Dormers. Upright windows built out from a sloping roof.
Downspouts. Pipes that carry rainwater from a roof gutter to the ground or sewer.
E. Definition of Words Beginning with the Letter "E."
Eaves. The portion of a sloping roof that extends beyond the exterior wall of a building. See also "Overhang."
Egress. The point of exit.
Emulate. To represent or re-create the qualities of something else, without duplicating it literally. For example, historic styles may be emulated without copying an historic building.
Entry. The doorway into a building, along with the architectural treatments that accompany it.
Cobrahead Light
Cornice
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Division 9.02—Glossary
(Rev. 05.02.2023) Page 9.02-4 Ontario Development Code
F. Definition of Words Beginning with the Letter "F."
Fast Food. Those food service establishments offering relatively immediate service of preprepared food in disposable containers.
Fenestration. The arrangement of windows in a building.
Finishes. The materials applied to the surface of buildings or landscape elements. Properly applied finishes contribute to an attractive appearance and long-lasting wear.
Freestanding. To be supported at the ground and without support from a building or other structure.
G. Definition of Words Beginning with the Letter "G."
Gable Roof. A type of roof that slopes upward on two sides from the eaves to the ridge (see example, right).
Gateway. Generally, a major entry into a district or area, which is often emphasized through landscaping.
Gazebo. A small, free-standing structure with a roof, which is open on all sides. Traditionally, gazebos are used as an outdoor room within gardens, or to cover musicians performing in community concerts.
Glazing. The glass within a window.
Grade. The surface of a building site or its vertical elevation (often measured as feet above sea level).
Grasscrete. A paving material that supports the weight of an occasional vehicle, while also permitting groundcover to grow. Also referred to as "turf block".
H. Definition of Words Beginning with the Letter "H."
Hip Roof. A type of roof that slopes upward on all sides, from the eaves to the ridge (see example, right).
I. Definition of Words Beginning with the Letter "I."
Ingress. A point of entry.
J. Definition of Words Beginning with the Letter "J."
Reserved
K. Definition of Words Beginning with the Letter "K."
Reserved
L. Definition of Words Beginning with the Letter "L."
Gable Roof
Hip Roof
4902
Division 9.02—Glossary
Ontario Development Code Page 9.02-5 (Rev. 05.02.2023)
Landscape Architectural Feature. Decorative structural elements in a landscaped area, such as walks, benches, patios, terraces, water features, and the like.
Landscaped Buffer. An attractive arrangement of trees, shrubs, and other vegetation that acts as a divider between incompatible uses or activities.
Lattice. An open framework of wood or other members that is often used to partly block views or support vines.
Loggia. A roofed deck that is integrated within an upper level of a building.
Lotting Pattern. A recognizable arrangement of residential lots, which are of the same or varying sizes and widths.
M. Definition of Words Beginning with the Letter "M."
Major Entry. The most common point or points of ingress for a development project or building.
Mansard Roofs. Extremely steep as they slope
up from the eaves; this steeply sloped roof may end
in a roof with a shallow roof or a parapet. Mansard
roofs are a popular way of decorating tall parapets,
such as are used to screen the rooftop equipment
above fast food restaurants (see example, right).
Mass. The overall volume or form of a building
or building element.
Median. An area dividing opposing travel lanes at or near the middle of a road, which is often landscaped.
Metal Standing Seam Roof. A sheet metal roof that has its joints folded together and raised above the roof surface in order to attach metal sheets and prevent leaks.
Modules. Similar units or subcomponents that are combined to create a total building system.
Mullion. The outer structural vertical and horizontal members of a glazing system, which forms a division between the glazing units.
Muntin. The nonstructural vertical and horizontal members of a window that divides the window into individual lites and holds (or appears to hold) the individual panes of glass.
Muted. A softened or less-vivid color tone.
N. Definition of Words Beginning with the Letter "N."
Neotraditional. A form of design that attempts to recreate positive features of neighborhoods from an earlier generation.
O. Definition of Words Beginning with the Letter "O."
Mansard Roof
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Division 9.02—Glossary
(Rev. 05.02.2023) Page 9.02-6 Ontario Development Code
Oblique View. A view at an angle that allows one
to see more than one side of a building.
On-Site Parking. Parking stalls and aisles that occur
on parcels outside of a street right-of-way.
On-Street Parking. Parking stalls provided within the
street right-of-way. On-street parking is often in a parallel configuration, along the edge of curbs.
Opaque. Not transparent or semi-transparent.
Overhang. [1] The portion of a building that
extends horizontally beyond the building's exterior wall (also referred to as the "eaves"); or [2] the portion of a motor vehicle that extends beyond the tires, to the front or back of a car (see examples, right).
P. Definition of Words Beginning with the Letter "P."
Parapet. A wall that extends above the roof, which
is often used to protect the edge of the roof, hide roofmounted equipment, and express ornamentation.
Park. A place for public recreation that generally contains landscaped ground surfaces, such as lawns and gardens.
Pavers. Units of pavement assembled to form the "floor" of a plaza or street. Pavers are often made of concrete or terra cotta (brick).
Pavilion. A small, lightweight structure, often with a roof, used for recreation or shelter in a garden, park or plaza.
Pedestrian Connections. Sidewalks that provide convenient routes between destinations.
Pedestrian connections are generally lined by landscape and building features for the pedestrian's comfort and visual interest. See also "Connecting Walkways." Pedestrian Oriented. Designing to make a building or structure inviting to pedestrian traffic.
Pilaster. A vertical architectural member that is integrated within a wall but is architecturally treated as a column and usually projects one-third or less of its width from the wall.
Place Making. The creation of pleasant and memorable spaces.
Plaza. A place for public recreation that generally contains hard surfaces, such as seating areas and ornate pavement.
Podium Apartments. A ground floor parking structure with one or more levels of residential units above.
Motor Vehicle Overhang
Roof Overhang
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Division 9.02—Glossary
Ontario Development Code Page 9.02-7 (Rev. 05.02.2023)
Porte Cochere. A roofed extension of a building over a driveway that shelters passengers getting into and out of vehicles.
Portico. A roofed porch that may be open or partly enclosed.
Prefab. A construction method in which shop-manufactured pieces undergo final assembly on-site.
Primary Building Entry. A publicly accessible and commonly used place of building ingress.
Public Way. A path or road that is accessible by, and generally maintained, by the public.
Q. Definition of Words Beginning with the Letter "Q."
Reserved
R. Definition of Words Beginning with the Letter "R."
Recessed Panel. An indentation within a building facade, such as occurs between pilasters or within other framed openings.
Reveals. Depressions or notches, primarily at an edge or corner, used to provide architectural detail by showing depth and enriching character.
Ridge. The line of intersection between opposing sides or slopes of a roof.
S. Definition of Words Beginning With the Letter "S."
Scale. The proportion of one thing relative to the size of another. Something that is "human" in scale has elements that are comparable to the size of a person. Scale of a building is the proportional system that relates the various-sized building elements to each other and to people.
Setback. The required distance that a building, structure, parking space, drive aisle, or other designated item must be located from a lot line or other designated location. Setback requirements provide a way of encouraging the spatial definition of open space; the separation of uses, activities or facilities; or the provision of yards and landscaping.
Staggered Walls. Sections of walls placed in shifted planes.
Structural Podium. See "Podium Apartments."
T. Definition of Words Beginning with the Letter "T."
Tandem. An arrangement of things placed one behind the other. Tandem parking places one car behind another.
Terrace. An outdoor paved platform extending from a building that complements the use or activities located within the building.
Tops. The uppermost portions of a building and often include cornice treatments, roof overhangs, or parapets.
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Division 9.02—Glossary
(Rev. 05.02.2023) Page 9.02-8 Ontario Development Code
Transformers. Electrical switching equipment used for converting electricity from highvoltage to common current. They are often located in ground-mounted boxes.
Trellis. A light framework of horizontal and/or vertical members, often used to support climbing plants.
U. Definition of Words Beginning with the Letter "U."
Unit. One of many similar or identical components that comprise a greater whole. Unit is also a single dwelling, either on its own lot (in the case of single-family homes) or grouped as part of a multi-family complex.
V. Definition of Words Beginning with the Letter "V."
Value. A color's relative lightness or darkness.
Vehicular Access. An entrance or exit for cars or trucks.
Vestibule. An entrance hall or lobby of a building.
W. Definition of Words Beginning with the Letter "W."
Wainscot. An area of facing or paneling on the lower portion of the walls of a room.
Wall Footings. Structural foundation elements that carry the weight of a structure to the ground.
Window Stem Walls. Low walls that support a large window, generally on a storefront.
X. Definition of Words Beginning with the Letter "X."
Reserved
Y. Definition of Words Beginning with the Letter "Y."
Reserved
Z. Definition of Words Beginning with the Letter "Z."
Zero Lot Line. A development approach in which a building is sited on a lot in such a manner that one or more of the structure's sides rest directly (to the extent possible) on a lot line.
The intent is to allow more flexibility in site design and to increase the amount of usable open space on a lot.
Zone Division Walls. Walls constructed for the purpose of buffering adjacent incompatible land uses.
Zoning Map. The official zoning map of the City, which delineates the location of the zoning districts of the City, governing the use, placement, spacing, and size of land and buildings. 4906
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA24-003, A DEVELOPMENT
CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND
PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 (DEFINITIONS
AND GLOSSARY) OF THE CITY OF ONTARIO DEVELOPMENT CODE,
AND MAKING FINDINGS IN SUPPORT THEREOF.
WHEREAS, THE CITY OF ONTARIO ("Applicant") has initiated an Application for the approval of a Development Code Amendment, File No. PDCA24-003, as described title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (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, generally described as follows:
(1) Revise requirements for Lot Mergers from "Discretionary Permits and Actions" to "Ministerial Permits and Decisions" to include the following:
(a) Revise Section 2.02.005 Applicability, Table 2.02-1: Review Table to delete (B)(14)(a) and add (C)(15)(i). This changes the approval process from Discretionary Review with Development Advisory Board (DAB) recommended, Planning Commission (PC) Approving Authority, and City Council (CC) Appeal Authority to Ministerial Permits and Decisions with City Engineer as the Approving Authority, and PC and CC as the Appeal Authority.
(b) Revise Division 4.02-Discretionary Permits and Actions to delete Section 4.02.085: Subdivisions-Lot Merger (Merger of Contiguous Parcels) and revise Division 4.03-Ministerial (Administrative) Permits 4907
and Decisions to add Section 4.03.050: Subdivisions-Lot Merger (Merger of Contiguous Parcels).
(2) Revise Division 4.01-Legislative Actions, Section 4.01.025 Amendments to the Policy Plan Component of The Ontario Plan, 3. Land Use Amendment Findings to correct references to the Regional Housing Needs Assessment (RHNA) and Housing Element Sites Inventory.
(3) Revise Division 4.02, Section 4.02.025 Development Plans (B)(2)(k) to add "Commercial developments and [t]he development of a permanent building within the CIV, …" so that the text is consistent with Table 2.02-1: Review Matrix, B. Discretionary Permits and Actions, (4)(b).
(4) Revise Division 5.01-Zoning Districts and Boundaries, Section 5.01.005, D.
Industrial Zoning Districts, 3. IL (Light Industrial) Zoning District to correct mid paragraph punctuation error separating incomplete sentences. (5) Revise Table 5.02-1: Land Use Matrix to include the following:
(a) Revise permitted uses under TRANSPORTATION AND
WAREHOUSING, Warehousing and Storage, Outside Materials and Equipment Storage [1] In conjunction with an allowed use to delete outside storage as a permitted use in the IP zoning district. (b) Amend permitted uses under OTHER SERVICES (EXCEPT PUBLIC ADMINISTRATION, Repair and Maintenance, Motor Vehicle Repair and Maintenance, All Other Automative Repair and Maintenance to add Hydrogen Fueling Stations as a permitted land use in Commercial and Industrial zoning districts.
(6) Revise Division 5.03-Supplemental Land Use Regulations to include the following:
(a) Revise Section 5.03.010: Accessory Dwelling Units to delete Section 8 relating to Deed Restrictions.
(b) Revise Section 5.03.150: Drive-Thru Facilities, B. Development Standards, 5. Building Orientation to identify that "Buildings incorporating drive-thru facilities shall be oriented toward the street, as demonstrated in Figure 5.03-1 (Street-Oriented Example Site Plan)."
(c) Amend Section 5.03.240: Home Occupations to regulate use of an accessory residential structure and compliance with the California Department of Public Health Approved Cottage Foods list. (d) Revise Section 5.03.270: Massage Establishments and Services to include additional requirements for B. Massage Establishment 4908
Requirements, D. Outcall Massages, and F. Rights of Authorized Representatives to Enter a Massage Establishment.
(e) Add adopted text for Section 5.03.363: Short Term Rentals. (7) Revise Division 6.0-District Standards and Guidelines, Section 6.01.010:
Residential Zoning Districts, I. Residential Design Guidelines (1) to reference the adopted Residential Design Guidelines "included as Reference "D" of this Development Code," Section 6.01.015: Commercial Zoning Districts, F. Commercial Design Guidelines (1) to reference the adopted Commercial Design Guidelines "included as Reference "E" of this Development Code" and Section 6.01.025: Industrial Zoning Districts, F.
Industrial Design Guidelines (1) to reference the adopted Industrial Design Guidelines "included as Reference "F" of this Development Code." (8) Revise Chapter 6.0. Development and Subdivision Regulations to delete various references to "public art works installed pursuant to Division 6.07 (Public Art)," a section which was previously deleted from the Development Code.
(9) Amend Division 6.01-District Standards and Guidelines, Section 6.01.010:
Residential Zoning Districts, F. General Provisions to add 16. Equipment Screening applicable to residential structure.
(10) Revise Division 6.01-District Standards and Guidelines, Section 6.01.035:
Overlay Zoning Districts, C. Overlay Zoning District Standards, 6. AH (Affordable Housing) Overlay Zoning District (b), Correcting the referenced mixed use district as MU-8C.
(11) Amend Chapter 8.0: Sign Regulations, Division 8.01-Sign Regulations, Section 8.01.020: Sign Standards, C. Freestanding Signs, 2.0 Freeway Signs to establish criteria for City Manager review and approval of an electronic display sign.
(12) Revise Chapter 9.0: Definitions and Glossary to include the following:
(a) Revise Division 9.01-Definitions to correct the Section reference for Accessory Dwelling Units.
(b) Amend Chapter 9.0: Definitions and Glossary, Division 9.01- Definitions to establish a Day Spa definition.
WHEREAS, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02-1 (Review Matrix) assigns the City Council the responsibility and authority to review act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and 4909
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 September 24, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC24-049, recommending the City Council approve the Development Code Amendment; and WHEREAS, on November 19, 2024, the City Council of the City of Ontario conducted a public hearing on the Development Code Amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:
SECTION 1. Environmental Determination and Findings. As the decisionmaking body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(2) The Development Code Amendment 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 that the Development Code Amendment is not subject to CEQA reflects the independent judgment of the City Council.
SECTION 2. Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Development Code Amendment, the City Council finds that based on the facts and information contained in the Application and supporting 4910
documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.
SECTION 3. 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.
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport ("CNO") Overlay Zoning District ("OZD") and Reference I, Chino Airport Land Use Compatibility Plan ("CNO ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decisionmaking body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.
4911
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 Sections 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan ("TOP"). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP's Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City's economy and focuses City resources in commercial and residential neighborhoods.
(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 changes that comprise the Development Code Amendment, and which are attached hereto as "Attachment A," and 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 4912
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 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.
PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
4913
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 _____________ and adopted at the regular meeting held ___________, 2024 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 ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
4914
ATTACHMENT A:
File No. PDCA24-003
2024 Development Code Amendment No. 1
(Document to follow this page)
4915
Chapter 2.0:
Administration and Procedures
Division 2.01—Planning Agency
Division 2.02—Application Filing and Processing
Division 2.03—Public Hearings
Division 2.04—Appeals
Division 2.05—City Initiated Modification or Revocation Division 2.06—Performance Guarantees
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4917
Ontario Development Code Page 2.01-1 (Rev. 12.01.2020)
Division 2.01—Planning Agency
Sections:
2.01.000: Purpose
2.01.005: Applicability
2.01.010: City Council
2.01.015: Planning Commission
2.01.020: Historic Preservation Commission
2.01.025: Historic Preservation Subcommittee
2.01.030: Development Advisory Board
2.01.035: Zoning Administrator
2.01.000: Purpose
GC Section 65100 provides that each city and county establish a planning agency with the powers necessary to carry out the planning and zoning functions of the jurisdiction. The purpose of this Division is to identify and establish bodies, commissions, committees, positions, boards, and departments responsible for carrying out the powers and duties of the planning agency.
2.01.005: Applicability
The functions of the planning agency are hereby assigned to the following bodies, commissions, committees, positions, boards, and departments:
A. City Council;
B. Planning Commission;
C. Historic Preservation Commission;
D. Historic Preservation Subcommittee;
E. Development Advisory Board;
F. Zoning Administrator;
G. Planning Department.
2.01.010: City Council
A. Established. The City Council's establishment, membership, and operation are recognized by OMC Title 2 (Administration), Chapter 1 (City Council), commencing with Article 1, Section 2-
1.101.
B. Powers and Duties. The City Council shall have the authority to hear and decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code and shall 4918
Division 2.01—Planning Agency
(Rev. 12.01.2020) Page 2.01-2 Ontario Development Code
have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions.
2.01.015: Planning Commission
A. Established. The Planning Commission's establishment, membership and operation are recognized by OMC Title 2 (Administration), Chapter 2 (Commissions and Boards), Article 3 (Planning Commission), commencing with OMC Section 2-2.301.
B. Powers and Duties. The Planning Commission shall have the authority to hear, recommend, and decide on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code. In addition, the Planning Commission shall have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning zoning, land use or development, made by an administrative or appointed official or body, such as the Planning Director, Zoning Administrator, or Development Advisory Board, pursuant to the provisions of this Development Code.
C. Meetings. The Planning Commission shall adopt rules as necessary to the conduct of its affairs and in keeping with the provisions of this Development Code. Meetings shall be held on a regular basis and open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, and shall keep records of its own examinations and other official actions, which shall be filed with the Planning Department.
2.01.020: Historic Preservation Commission
A. Established. Pursuant to the authority granted to municipalities by State Planning and Zoning Law, as established by GC Title 1, Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Commission.
B. Membership. The Historic Preservation Commission shall consist of the 7 standing members of the Planning Commission.
C. Powers and Duties. The Historic Preservation Commission shall have the following powers and duties:
1. Establish criteria for and conduct or cause to be conducted a comprehensive survey in conformance with state survey standards and guidelines of Historical Resources within the boundaries of the City, and publicize and periodically update the survey results;
2. The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;
3. Authority to act upon an appeal of any order, requirement, permit, decisions, or determination concerning Historic Resources under this Development Code, made by the Historic Preservation Subcommittee;
4919
Division 2.01—Planning Agency
Ontario Development Code Page 2.01-3 (Rev. 12.01.2020)
4. Maintain a local register of Designated Historic Landmarks and Districts consistent with the National Register of Historic Places criteria, including all information required for each designation; and
5. Undertake any other action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Historic Preservation program.
D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Commission's jurisdiction and setting timeframes for such meetings.
2.01.025: Historic Preservation Subcommittee
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Subcommittee.
B. Membership. The Historic Preservation Subcommittee shall consist of 3 members of the Historic Preservation Commission, to be appointed pursuant to the Historic Preservation Commission rules and procedures.
C. Powers and Duties. The Historic Preservation Subcommittee shall have the following powers and duties:
1. The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;
2. The authority to review historic preservation work program, assist staff in any survey or historic research being conducted, and review of the City's list of Historical Resources; and
3. The authority to act upon appeals of administrative permits, decisions and actions concerning Historical Resources under this Development Code, made by any City Department.
D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Subcommittee's jurisdiction and setting timeframes for such meetings.
2.01.030: Development Advisory Board
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, a Development Advisory Board.
B. Membership. The Development Advisory Board shall include those representatives of certain City departments and/or agencies as established by resolution of the City Council.
C. Powers and Duties. The Development Advisory Board shall have the authority to hear, recommend and decide on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code.
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Division 2.01—Planning Agency
(Rev. 12.01.2020) Page 2.01-4 Ontario Development Code
D. Meetings. The Development Advisory Board shall adopt rules and regulations to govern the procedures at meetings within the Board's jurisdiction and to set a time for such meetings.
2.01.035: Zoning Administrator
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City, the position of Zoning Administrator.
B. Membership. The Zoning Administrator position shall be filled by the Planning Director or the Zoning Administrator's designee, who shall fill the position of Deputy Zoning Administrator.
C. Powers and Duties. The Zoning Administrator shall have the power and duty to review and make decisions on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code.
D. Meetings. The Zoning Administrator shall adopt rules and procedures governing meeting business, conduct, and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.
4921
Ontario Development Code Page 2.02-1 (Rev. 01.16.202412.03.2024) Division 2.02—Application Filing and Processing
Sections:
2.02.000: Purpose
2.02.005: Applicability
2.02.010: Applications and Fees
2.02.015: Application Processing Procedures
2.02.020: Environmental Review
2.02.025: Time Limits and Extensions
2.02.030: Failure by Applicant to Complete Application Processing
2.02.035: Limitations on Application Refiling
2.02.040: Indemnification
2.02.000: Purpose
The purpose of this Division is to establish procedures and requirements for the preparation, filing and processing of applications for permits, amendments, and approvals stipulated by this Development Code.
2.02.005: Applicability
Table 2.02-1 (Review Matrix), below, establishes the recommending, approving, and appeal authorities for all permits, amendments, and approvals stipulated by this Development Code. The symbols used within the Table have the following meanings:
R = Advisory (Recommending) Authority
X = Approving Authority
A = Appeal Authority
Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
A. LEGISLATIVE ACTIONS
1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
R X
2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
R X
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Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024) Page 2.02-2 Ontario Development Code Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
3. Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
R X
4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:
ODC Section 4.01.025)
R X
5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
R X
6. Specific Plans and Amendments [1][12]
(Ref: ODC Section 4.01.035)
R X
7. Williamson Act Contract Cancellations [1]
(Ref: GC Section 51200 et.seq.)
R X
8. Zone Changes [1] (Ref: ODC Section
4.01.040)
R X
B. DISCRETIONARY PERMITS AND ACTIONS
1. Billboard Relocation Agreements [1] (Ref:
ODC Section 4.02.010)
R X
2. Conditional Use Permits (Ref: ODC
Section 4.02.015)
a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]
R X A
c. Use established within an existing
structure [1]
X A A
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, except within the
ONT zoning district (Ref: ODC Section 4.02.025)
a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
R X A
4923
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-3 (Rev. 01.16.202412.03.2024) Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
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 [2] X A A
f. All others X A A
5. Extensions of Legal Nonconforming Status
[1] (Ref: ODC Section 4.02.030)
X A A
6. Historic Preservation
a. Certificates of Appropriateness (Ref:
ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement
Structure [1]
R X A
(3) Eligible Historic Resources [1] X A A
(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
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Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024) Page 2.02-4 Ontario Development Code Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:
ODC Section 4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC
Section 4.02.065)
R R X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section
4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.
X A A
(2) Loss of all historic and/or cultural
significance due to a catastrophe causing a loss
of integrity, or due to extensive legally performed
alterations performed after the property was
initially surveyed.
X A A
7. Master Plans and Amendments [1] (Ref:
ODC Section 4.02.070)
R X
8. Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)
X A A
9. Nonconforming Structure Reconstruction
[1] (Ref: ODC Section 3.01.020)
X A
10. Parking Reduction (Ref: ODC Section
6.03.025)
X A
11. Sign Programs (Ref: ODC Section
4.02.075)
X A A
12. Specific Plan Minor
Adjustments/Alterations [12] (Ref: ODC Section
4.02.080)
X A A
13. 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]
14. Subdivisions
4925
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-5 (Rev. 01.16.202412.03.2024) Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
R X A
b.a. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
c.b. Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
d.c. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A
15. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X A A
16. Variances (Ref: ODC Section 4.02.020.D)
a. Homeowner [1] X A A
b. Other [1] R X A
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND
DECISIONS
1. Historic Preservation – Adaptive Reuse
Plans (Ref: ODC Section 4.03.010)
X X X
2. Administrative Exceptions (Ref: ODC
Section 4.03.050)
X A A
3. Administrative Use Permits (Ref: ODC
Section 4.03.015)
X
4. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 (Zoning
Compliance)
X A A
5. Development Plans within the ONT zoning
district (Ref: ODC Section 4.02.025)
X A A
6. Fair Housing and Reasonable
Accommodation Ref: ODC Section 4.02.035)
X A A
7. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X A A
8. Landscape and Irrigation Plans (Ref.
ODC Section 6.05.005)
X A A
9. Off-Site (Public) Improvement Plans (Ref:
ODC Section 6.08.040)
X A A
10. ONT ALUCP Interagency Review [7] (Ref:
ONT ALUCP)
X A[8]
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Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024) Page 2.02-6 Ontario Development Code Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
11. Other Plan Checks and actions required
by this Development Code
X A A
12. Shopping Cart Retention Plans (Ref: ODC
Section 6.11.020)
X A A
13. Sign Plans (Ref: ODC Section 4.03.020) X A A
14. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X A A
15. 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
i. (Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X A A
16. Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.420 (Wireless
Telecommunications Facilities)
X A A
17. Wall, Fence, and Obstructions Plans not
associated with a Development Plan (Ref. ODC
Section 6.02.005)
X A A
D. ENVIRONMENTAL DETERMINATIONS AND
ACTIONS
1. Environmental Impact Reports (EIRs) (Ref:
CCR Section 15080, et seq.)
X[3] X[3]
2. Exempt Projects (Ref: CCR Section 15300,
et seq.)
X[3] X[3] X[3] X[3] X[3] A A
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Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-7 (Rev. 01.16.202412.03.2024) Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
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 ONT ALUCP for procedures for application processing and administration, and appeals processing. [8] Appeal shall be subject to review by the Mediation Board established pursuant to ALUCP Section 4. [9] Pursuant to the Joint Powers Authority agreement between the City of Ontario and the County of San Bernardino, the Ontario International Airport Authority shall be the lead agency. [10] Ministerial projects are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the CEQA Guidelines. The following projects or actions shall be deemed ministerial:
▪ Administrative Exceptions;
▪ Administrative Use Permit issuance;
▪ ALUCP inter agency reviews;
▪ Building permit issuance;
▪ Business license issuance;
▪ Encroachment permit issuance;
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Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024) Page 2.02-8 Ontario Development Code ▪ Final subdivision map approval;
▪ Individual utility service connection and disconnection approval; ▪ Landscape and irrigation plan approval;
▪ Lot Line Adjustment approval;
▪ Public improvement plan approval;
▪ Shopping cart retention plan approval;
▪ Sign Plan approval;
▪ Single-Family Two-Unit Developments;
▪ Street address number issuance;
▪ Subdivision Improvement Agreement approval;
▪ Subdivision map corrections and amendments approval;
▪ Temporary Use Permit issuance;
▪ Tier 1 wireless telecommunications facility approval; ▪ Urban Lot Splits; and
▪ Wall and/or fence plan approval.
[11] Applications that do not require a public Hearing pursuant to Note 1, above, may be reviewed and acted upon under the "Consent Calendar" portion of the Approving Authority meeting agenda. [12] Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions).
2.02.010: Applications and Fees
A. Application filing.
1. An application for a permit, permit modification, amendment, or any other matters pertaining to this Development Code shall be filed with the City, on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the application.
2. An application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code, or their agent(s).
3. A project requiring the filing of more than one land use or entitlement permit application shall, to the extent possible, be filed with all related applications for concurrent review and action by the highest required Reviewing Authority, except that an Administrative Exception application filed in conjunction with a Development Plan shall require separate review and action by the appropriate Reviewing Authority.
B. Filing Fees.
1. The City Council may establish by resolution, a schedule of fees for permits, amendments, inspections, licenses, services, and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the City Council.
2. Application review and action shall not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits shall be deemed incomplete for filing and further processing and shall be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully cover all City processing costs.
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Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-9 (Rev. 01.16.202412.03.2024) C. Refunds and Withdrawals.
1. The refund of filing fees in response to the denial of an application shall be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications.
2. An applicant wishing to withdraw their application may do so by written request to the Planning Director at any time prior to action by the Approving Authority.
3. Upon receipt of a request for application withdrawal, the Planning Director may order the refund of all or part of the filing fees, based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.
2.02.015: Application Processing Procedures
This section is intended to provide general procedures for the processing of applications for legislative actions, discretionary permits and actions, and ministerial permits and decisions filed pursuant Table 2.02-1 (Review Matrix) of this Division.
A. Legislative Actions. The Advisory and Approving Authorities for legislative actions are established by Table 2.02-1 (Review Matrix) of this Division. Unless otherwise stipulated by Division
4.01 (Legislative Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a legislative action is as follows:
1. Initial Review for Application Completeness. Legislative actions shall be initially reviewed for application completeness and acceptance, as follows:
a. Review for Application Completeness.
(1) Following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. (2) If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the City in response to the list and description, which shall be reviewed pursuant to Subparagraph A.1.a(1), above.
(3) If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs A.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
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(Rev. 01.16.202412.03.2024) Page 2.02-10 Ontario Development Code (1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the Planning Department may require in order to take final action on the application.
(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph A.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3) The provisions of this Section shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2. Investigation and Report.
a. Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shall prepare a written report, which shall be transmitted to the appropriate Reviewing Authority. b. The Planning Department's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority. c. During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.
3. Public Hearings.
a. The Advisory and Approving Authorities established by Table 2.02-1 (Review Matrix), shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code. b. The Planning Department's written report, prepared pursuant to Subparagraphs A.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.
4. Advisory Authority Review and Recommendation. The procedure for review and recommendation on a legislative action by an Advisory Authority is as follows:
a. The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.
b. The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered. 4931
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Ontario Development Code Page 2.02-11 (Rev. 01.16.202412.03.2024)
5. Approving Authority Review and Action. The procedure for review and action on a legislative action by the Approving Authority is as follows:
a. Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application. b. The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.01 (Legislative Actions) of this Development Code. There shall be no time limit within which the Approving Authority must act on a legislative action.
c. The Approving Authority's action shall be final and conclusive.
6. Effective Date of Approving Authority Action. A legislative approval granted by resolution is effective immediately upon adoption of the numbered resolution by the City Council.
A legislative approval granted by ordinance is effective 30 days following the date of adoption of the ordinance by the Approving Authority.
B. Discretionary Permits and Actions. The Advisory, Approving, and Appeal Authorities for discretionary permits and actions are established by Table 2.02-1 (Review Matrix) of this Division.
Unless otherwise stipulated by Division 4.02 (Discretionary Permits and Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a discretionary permit or action is as follows:
1. Initial Review for Application Completeness. Applications requesting discretionary permits and/or actions shall be initially reviewed for application completeness and acceptance, as follows:
a. Review for Application Completeness.
(1) Within 30 days following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.
(2) If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the Planning Department in response to the list and description, which shall be reviewed pursuant to Subparagraph B.1.a(1), above.
(3) If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
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(Rev. 01.16.202412.03.2024) Page 2.02-12 Ontario Development Code (4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs B.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the City may require in order to facilitate final action on the application.
(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph B.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3) The provisions of this Subsection shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2. Investigation and Report.
a. Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shall prepare a written report, which shall be transmitted to the appropriate Reviewing Authority. b. The Planning Department's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority. c. During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.
3. Public Hearings.
a. The Advisory, Approving and Appeal Authorities established by Table 2.02- 1 (Review Matrix), and which require a public hearing pursuant to the Review Matrix, shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code. b. The Planning Department's written report, prepared pursuant to Subparagraphs B.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.
4. Advisory Authority Review and Recommendation. If required pursuant to Table
2.02-1 (Review Matrix), the procedure for review and recommendation on a discretionary permit or action by an Advisory Authority is as follows:
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Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-13 (Rev. 01.16.202412.03.2024) a. The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.
b. The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered. c. In instances where review and recommendation by more than one Advisory Authority is required, the initial Advisory Authority shall forward its recommendation whether to approve, approve in modified form, or deny an application to the subsequent Advisory Authority within 30 days following the date its decision was rendered. The 30-day time limit may be extended by mutual agreement of the applicant and City.
5. Approving Authority Review and Action. The procedure for review and action on a discretionary permit or action by an Approving Authority is as follows:
a. Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application, and may impose reasonable conditions to the approval of an application. b. The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.02 (Discretionary Permits and Actions) of this Development Code. A discretionary permit or action shall be acted upon within the timeframes specified by GC Section 65950, 65950.1, 65951, and 65952, except that Tentative Subdivision Maps shall be acted upon within the timeframes specified by GC Section 66452.1.
c. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
6. Effective Date of Approving Authority Action. A discretionary permit or action shall become effective on the City business day following Approving Authority action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action; in which case, the effective date of the discretionary permit or action shall be governed by Paragraph A.6 (Effective Date of Approving Authority Action) of this Section. The Approving Authority's action to approve, approve in modified form, or deny a discretionary permit or action shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.
C. Ministerial Permits and Decisions. The Advisory, Approving and Appeal Authorities for ministerial permits and decisions are established by Table 2.02-1 (Review Matrix) of this Division.
Unless otherwise stipulated by Division 4.03 (Ministerial Permits and Decisions) of this Development Code, the procedure for reviewing and acting upon an application requiring a ministerial permit or decision is as follows:
1. Initial Review for Application Completeness. Applications requesting ministerial permits and/or decisions shall be initially reviewed for completeness and acceptance, as follows:
a. Review for Application Completeness.
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Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024) Page 2.02-14 Ontario Development Code (1) Within 30 days following receipt of an application filed in compliance with this Division, the City shall review the application and determine, in writing, whether the application is complete for further processing, and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall automatically be deemed complete for further processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.
(2) If an application is determined to be incomplete for processing, the City shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the responsible City department in response to the list and description, which shall be reviewed pursuant to Subparagraph C.1.a(1), above.
(3) If an application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs C.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the responsible City department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.
This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the responsible City department may require in order to facilitate final action on the application.
(2) Prior to accepting an application as complete for processing, the responsible City department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph C.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3) The provisions of this Subsection shall not be construed as limiting the ability of the responsible City department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2. Investigation. Following acceptance of an application as complete for processing, the responsible City department shall investigate the facts bearing on the application and provide the information necessary for action or determination, consistent with this Development Code and The Ontario Plan, which shall be reported to the Approving Authority.
3. Review and Action.
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Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-15 (Rev. 01.16.202412.03.2024) a. The Approving Authority shall review the application and shall then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
b. The Approving Authority shall act on a ministerial approval request within 60 days following acceptance of an application as complete for processing pursuant to Paragraph C.1 (Initial Review for Application Completeness), above. The 60-day time limit may be extended by mutual agreement of the applicant and City.
4. Effective Date of Approving Authority Action. A ministerial permit or action shall become effective immediately upon Approving Authority action. An Approving Authority action to approve or deny a ministerial permit or decision shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.
2.02.020: Environmental Review
A. Purpose. The purpose of this Section is to assist the City in accomplishing the basic objectives of CEQA, as follows:
1. Enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian;
2. Provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project;
3. Provide an analysis of the environmental effects of future actions associated with a project in order to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project;
4. Identify ways that environmental damage can be avoided or significantly reduced;
5. Prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and
6. Provide full public disclosure of the City's basis for project approval in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency's activities. The involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.
B. Applicability. The provisions of this division shall apply to any activity of the City that is determined to be a "project" pursuant CEQA (PRC Section 21000 through Section 21178) and the CEQA Guidelines (CCR Section 15000 through Section 15387).
C. CEQA Implementation. Local guidelines for the implementation of CEQA shall be adopted by Resolution of the City Council. The guidelines may be changed or modified only by resolution of the City Council.
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(Rev. 01.16.202412.03.2024) Page 2.02-16 Ontario Development Code D. Environmental Review. The City of Ontario shall conduct an environmental review of any activity within the City that constitutes a "project" pursuant CEQA, the CEQA Guidelines and the City's local guidelines for the implementation of CEQA. Depending upon the nature and scope of a "project," it may be found to be exempt from further environmental review, or a negative declaration, mitigated negative declaration or environmental impact report may be required to be completed. Negative declarations, mitigated negative declarations, and environmental impact reports shall be prepared pursuant to the requirements of CEQA and the implementing guidelines, and the City's local guidelines for the implementation of CEQA.
2.02.025: Time Limits and Extensions
A. Time Limits. Discretionary permits/actions granted pursuant to this Division shall become invalid if not exercised within the below-listed timeframes:
1. Generally. Unless otherwise stipulated by the conditions of approval, a discretionary permit/action shall become invalid if not exercised within 12 months following the effective date of application approval, except as specified in Paragraphs A.2 through A.6, below, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.
2. Development Plan. Unless otherwise stipulated by the conditions of approval, a Development Plan shall become invalid if not exercised within 24 months following the effective date of application approval, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.
3. Tentative Subdivision Map. A Tentative Tract or Parcel Map shall become invalid if not exercised within the time limits specified by GC Section 66452.6.
4. Vesting Tentative Maps.
a. A vesting tentative map shall become invalid if not exercised within the time limits specified by Paragraph A.3 (Tentative Subdivision Map), above. b. If a final tract map is approved prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final tract map area shall last for the periods listed below:
(1) An initial period of 12 months following recordation of the final tract map. Where several final tract maps are recorded on phases of a project covered by a single vesting tentative map, the 12-month period for each final tract map shall begin on the date of recordation of that final tract map;
(2) The initial period set forth in Subparagraph A.4.b.(1), above, shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days; provided, that the extension shall only be for the number of days in excess of 30 days; and (3) If during the 24-month period following approval of a final tract map or parcel map, the City receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the tentative map shall continue until the expiration of the building permit.
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Ontario Development Code Page 2.02-17 (Rev. 01.16.202412.03.2024)
5. Expiration of Vesting Development Rights. Vesting development rights shall expire if a final map is not filed for approval prior to the expiration of the vesting tentative map, as provided in Paragraph A.6 (Vesting Tentative Maps) of this Section. If the final map is approved, these rights shall last for the following time periods, extending beyond the recording of the final map:
a. An initial period of 12 months, except that where several final maps are recorded for various project phases of a single vesting tentative tract map, this initial time period shall begin with each phase, when the final map for that phase is recorded; b. The initial time period set forth in Subparagraph A.6.b(1) of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds 30 days from the date a complete application is filed;
c. A subdivider may apply for a 12-month extension at any time before the initial expiration date for map approval; and
d. If the subdivider submits a complete application for a building permit during the time periods specified in Subparagraphs A.5.a through A.5.c, above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
6. Certificate of Appropriateness. A Certificate of Appropriateness granted pursuant to this Division shall become invalid if not exercised within the time limit specified by the conditions of approval, or within 24 months if no time limit has been specified.
7. Phased Projects.
a. Wherein a project involves the construction of multiple phases over an extended period, and the conditions of approval do not specify a time limit differing from Paragraphs A.2 through A.5, above, the portion of entitlement applicable to a particular phase shall be deemed exercised through the issuance of a building permit for that phase. The remainder of the entitlement related to further construction shall expire 12 months following building permit expiration, final building inspection, or Certificate of Occupancy issuance for the previous construction phase, unless extended pursuant to Subsection B, below. b. A building permit may be issued for a subsequent phase if no more than 12 months have lapsed since a Certificate of Occupancy was issued for the previous phase and the applicant is diligently pursuing the project toward completion. However, if more than 12 months have lapsed since Certificate of Occupancy issuance or final inspection has occurred for the previous phase, and the entitlement was not extended pursuant to Subsection B, below, the entitlement granting the construction of any subsequent phases shall be deemed invalid and no further building permits shall not be issued, unless a time extension is granted pursuant to Section
2.02.025 (Time Limits and Extensions) of this Division.
8. Projects Involving Pending Litigation. The time limits specified in Paragraphs A.1 through A.5, above, including any time extension granted pursuant to Subsection B, below, shall not include the period of time during which a lawsuit involving the approval or conditional approval of a discretionary permit is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Approving Authority pursuant to this Division. After service of the initial petition or complaint in the lawsuit upon the City, the applicant, or property owner if 4938
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(Rev. 01.16.202412.03.2024) Page 2.02-18 Ontario Development Code different from the applicant, may apply to the local agency for a Stay of Permit Approval Time Limit. Within 40 days after receiving the application, the Review Authority may stay the time limit for up to 5 years.
9. Definition. For the purposes of this Section, the term "exercised" shall mean the following:
a. The applicant, or property owner if different from the applicant, has completed or fulfilled all conditions of approval imposed upon the permit or action by the Approving Authority; and
b. In the case of permits or actions pertaining to a development project approval, a Building Permit shall have been issued and construction shall have been diligently pursued toward project completion. In the case of permits or actions pertaining to a land use approval, the approved use shall have commenced. In the case of a Merger of Contiguous Parcels, Reversion to Acreage, or Tentative Subdivision Map, the Merger, Reversion, or Final Subdivision Map shall have been recorded at the office of the San Bernardino County Recorder.
B. Time Extensions. The time limits within which a discretionary permit or action must be exercised, may be extended as follows:
1. Project Applicant or Property Owner Requested Time Extension. a. The project applicant, or property owner if different from the applicant, may file a Time Extension request, together with any required filing fees, with the City (Planning Department or Engineering Department, as applicable) prior to the expiration date of an approved discretionary permit or action.
b. Upon the submittal of a Time Extension request, the affected discretionary permit or action shall be granted an automatic 90-day time extension to allow sufficient time for application processing.
2. An extension of the expiration date for an approved discretionary permit or action shall be acted upon as follows:
a. The Approving Authority may grant a Time Extension upon determination of the following:
(1) Each of the findings and conditions of the original approval are still applicable to the project and there are no changed circumstances; (2) The Time Extension will not adversely affect the public health, safety, or welfare; and
(3) There has been diligent pursuit to exercise the permit or action for which an extension is being requested.
b. The burden of proof shall lie with the permittee to establish with substantial evidence that the approval for which the Time Extension is requested should not be allowed to expire. If the Approving Authority determines that the permittee has good-faith intent to commence with the proposed project, the Approving Authority may grant a Time Extension. 4939
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-19 (Rev. 01.16.202412.03.2024) c. A discretionary permit or action may be granted Time Extensions in oneyear increments, not to exceed a total of three, one-year time extensions, excepting tentative subdivision maps, which shall be subject to the provisions of GC Section 66452.6.
3. Blanket Time Extensions Granted by the City Council. a. In addition to the Time Extensions allowed pursuant to Paragraph B.1 of this Section, the City Council may, by resolution, grant time extensions for discretionary permits and actions, as identified in Table 2.02-1 (Review Matrix) of this Division, to benefit homeowners, developers, landowners, and business owners within the City that may be negatively affected by economic slowdown/downturn or recession.
b. A blanket time extension shall be applicable only to those permits and actions that have not expired prior to the date that the Time Extension is granted.
2.02.030: Failure by Applicant to Complete Application Processing A. Within 180 days following a written request by the City for plan changes, corrections, revisions, or the submittal of additional information, an application shall be deemed withdrawn if the Planning Director determines that the applicant has not made reasonable progress toward providing necessary plan changes or corrections, or additional information. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials required for any project on the same site.
B. Upon written request of the applicant, the Planning Director may order the refund of all or a portion of filing fees pursuant to Section 2.02.010.C (Refunds and Withdrawals) of this Division.
2.02.035: Limitations on Application Refiling
A final action denying an application shall prohibit the further filing of the same or a substantially similar application for a period of not less than 12 months following the date of application denial, except that an application denied without prejudice may be resubmitted within the 12-month period following application denial.
2.02.040: Indemnification
It shall be a condition of any application approved pursuant to this Division, or any approval or certification required pursuant to CEQA or the CEQA Guidelines, that a property owner or applicant, if different from the property owner, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees:
A. From any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees, to attack, set aside, void, or annul the City's decision to approve any development, land use permit, and/or approvals and certifications under CEQA, but excluding any subdivision approval governed by GC Section 66474.9. This indemnification shall include, but not be limited to, damages, fees, and/or costs awarded against the City, if any, and the cost of any suit, attorney's fees, and/or other costs, liabilities, and expenses incurred in connection with a 4940
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(Rev. 01.16.202412.03.2024) Page 2.02-20 Ontario Development Code lawsuit, whether incurred by the applicant, the City, and/or the parties initiating or bringing a lawsuit;
B. For all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as, but not limited to, a negative declaration, mitigated negative declaration, environmental impact report, general plan amendment, specific plan, or specific plan amendment), if made necessary by a lawsuit and if the applicant desires to pursue securing approvals that are condition of application approval, after initiation of a lawsuit; and
C. For all costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in Subsections A and B of this Section. 4941
Ontario Development Code Page 2.03-1 (Rev. 01.16.2024)
Division 2.03—Public Hearings
Sections:
2.03.000: Purpose
2.03.005: Applicability
2.03.010: Public Hearing Notices
2.03.015: Public Hearing Procedures
2.03.020: Request for Notification
2.03.025: Failure to Receive a Public Notice
2.03.030: Cemeteries
2.03.000: Purpose
The purpose of this Division is to implement GC Division 1, Chapter 2.7 (commencing with GC Section 65090), which governs public hearing and notification procedures for consideration of legislative actions, discretionary land use and development entitlements, and discretionary administrative actions. Public hearings are not required for nondiscretionary administrative permits, decisions, and actions; however, public notice may be required pursuant to this Division.
2.03.005: Applicability
A. A public hearing for a legislative action, land use or development entitlement, or any other matters pertaining to this Development Code requiring a public hearing pursuant to GC Division 1, Chapter 2.7 (commencing with GC Section 65090), shall be scheduled and heard in accordance with the provisions of this Division.
B. Public hearing notification for legislative actions, land use or development entitlements, or administrative permits, decisions, or actions shall be provided in the manner prescribed by Table
2.03-1 (Notification Matrix), below.
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
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
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(Rev. 01.16.2024) Page 2.03-2 Ontario Development Code
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
3. Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
X
4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:
ODC Section 4.01.025)
X X X
5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
X X X
6. Specific Plans and Amendments [1] (Ref:
ODC Section 4.01.035)
X X X
7. Williamson Act Contract Cancellations
[1] (Ref: GC Section 51200 et.seq.)
X X X
8. Zone Changes [1] (Ref: ODC Section
4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS
1. Billboard Relocation Agreements [1]
(Ref: ODC Section 4.02.010)
X
2. Conditional Use Permits (Ref: ODC
Section 4.02.015)
a. Hotels, Motels and Residence Inns
[1]
X X
b. Use established in conjunction with
a Development Plan [1]
X X
c. Use established within an existing
structure [1]
X X
d. Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
e. Revocation due to abandonment
of use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]
X X
3. Density Bonus and Other Incentives per
ODC Section 6.01.010.G (Density Bonus and Other
Incentives) [1]
X X
4. Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)
a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
X
4943
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-3 (Rev. 01.16.2024)
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X
c. Industrial developments equal to or
less than 0.45 FAR
X
d. Industrial developments exceeding
0.45 FAR
X
e. Wireless telecommunications
facilities pursuant to Section 5.03.420 (Wireless
Telecommunications Facilities) of this
Development Code
(1) Tier 2 facilities X
(2) Tier 3 facilities X
f. All others X
5. Extensions of Legal Nonconforming
Status [1] (Ref: ODC Section 4.02.030)
X X
6. Historic Preservation
a. Certificates of Appropriateness
(Ref: ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement
Structure [1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor
Improvements
X
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X
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Division 2.03—Public Hearings
(Rev. 01.16.2024) Page 2.03-4 Ontario Development Code
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas [Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:
ODC Section 4.02.045)
X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
X
h. Mills Act Cancellations [1] X X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section
4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.
X
(2) Loss of all historic and/or
cultural significance due to a catastrophe
causing a loss of integrity, or due to extensive
legally performed alterations performed after the
property was initially surveyed.
X
7. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X
8. Master Plans and Amendments [1] (Ref:
ODC Section 4.02.070)
X X X
9. Minor Adjustments/Alterations [4] (Ref:
ODC Section 4.02.020.C)
X[5] X
10. Nonconforming Structure
Reconstruction [1] (Ref: ODC Section 3.01.020)
X X
11. Parking Reduction (Ref: ODC Section
6.03.025)
X
12. Sign Programs (Ref: ODC Section
4.02.075)
X
13. Specific Plan Minor Amendments (Ref:
ODC Section 4.02.080)
X
14. Stays of Permit Approval Time Limit (Ref:
ODC Section 2.02.025.A.8)
X
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Division 2.03—Public Hearings
Ontario Development Code Page 2.03-5 (Rev. 01.16.2024)
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
15. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X X
b. Reversions to Acreage [1] (Ref:
ODC Section 4.02.090)
X X
c. Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
X X
d. Tentative Tract and Parcel Map
Time Extensions (Ref: ODC Section 2.02.025.A.3 &
4)
X
16. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X
17. Variances (Ref: ODC Section 4.02.020.E)
a. Homeowner [1] X X
b. Other [1] X X
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND DECISIONS
1. Administrative Exceptions (Ref: ODC
Section 4.03.050.C)
X
2. Administrative Use Permit (Ref: ODC
Section 4.02.015)
X
3. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 (Zoning
Compliance)
X
4. Development Plans within the ONT
zoning district (Ref: ODC Section 4.02.025)
X
5. Fair Housing and Reasonable
Accommodation Ref: ODC Section 4.02.035)
X
6. Landscape and Irrigation
Documentation Plans (Ref. ODC Section 6.05.015)
X
7. Off-Site (Public) Improvement Plans (Ref:
ODC Section 6.08.040)
X
8. ONT ALUCP Interagency Reviews [3]
(Ref: ONT ALUCP)
X
9. Other Plan Checks and actions required
by this Development Code
X
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Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
10. Shopping Cart Retention Plans (Ref:
ODC Section 6.11.020)
X
11. Sign Plans (Ref: ODC Section 4.03.020) X
12. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X
13. Subdivisions
a. Certificates of Compliance (Ref:
ODC Section 4.03.025)
X
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X
e. Street Address Numbering (Ref:
ODC Section6.06.010)
X
f. Street Name Assignment (Ref: ODC
Section 6.06.010
X
g. Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X
h. Urban Lot Splits (Ref: ODC Section
8.08.060)
X
14. Tier 1 wireless telecommunications
facility pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X
15. Walls, Fences, and Other Obstructions
Plans not associated with a Development Plan
(Ref: ODC Section 6.02.005)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS
1. Environmental Impact Reports (EIRs)
(Ref: CCR Section 15080, et seq.)
X X X
2. Exempt Projects (Ref: CCR Section
15300, et seq.)
X
3. Ministerial Projects (Ref: CCR Section
15268)
X
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Division 2.03—Public Hearings
Ontario Development Code Page 2.03-7 (Rev. 01.16.2024)
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
4. Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:
CCR Section 15070, et seq.)
X
5. Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X
Notes:
[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [3] Refer to the Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) for procedures for application processing and administration, and appeals processing.
[4] A Minor Adjustment/Alteration shall require notification pursuant to Paragraph 4.02.020.C.3 (Application Filing, Processing and Hearing) of this Development Code.
[5] Publication or posting of a legal notice is required only if a public hearing is requested by the applicant, an abutting property owner, or other affected person or entity.
2.03.010: Public Hearing Notification
A. Public Hearing Notice Minimum Information. Public hearing notices shall contain the following minimum information:
1. A general description, in text or by diagram, of the location of the real property that is the subject of the hearing;
2. Time, place, and location of the public hearing;
3. A general description of the matter to be considered;
4. A statement indicating that additional application materials and documentation are on file with the City of Ontario and where such additional project information may be viewed or obtained;
5. A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing; and
6. The identity of the hearing body or officer.
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Division 2.03—Public Hearings
(Rev. 01.16.2024) Page 2.03-8 Ontario Development Code
B. Notices for Public Hearings Conducted by the City Council. A notice for a public hearing conducted by the City Council shall not be published, mailed, delivered, or posted in advance of a public hearing conducted by the Planning Commission pursuant to Table 2.02-1 (Review Matrix) of this Development Code, as the public hearing notice shall include the recommendation of the Planning Commission.
C. Public Notification Required 10 Days in Advance of any Public Hearing. Public hearing notification shall be provided a minimum of 10 days in advance of any public hearing and shall be provided by one or more of the following methods, as necessary:
1. First Class Mail or Delivery. First Class Mail or delivery shall be provided to:
a. Any person filing a request to the Planning Department to receive such notices; and
b. All owners of real property located within a minimum of 300 FT of the exterior boundaries of the property that is the subject of the hearing, as shown on the last equalized assessment roll, or records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll, except that:
(1) For Minor Variances, the area of notification shall include all properties having a property line common with the affected property; and (2) For wireless telecommunications facilities located 500 FT or less from residentially zoned property, the area of notification shall be within 500 FT of the exterior boundaries of the property that is the subject of the hearing. c. The owner's duly authorized agent, if any; and
d. The project applicant; and
e. Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to CC Section 883.230; and f. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
2. Number of Owners Requiring Public Hearing Notification Is Greater Than 1,000. If the number of owners to whom notice would be mailed or delivered pursuant to Subparagraph C.1.b of this Section, is greater than 1,000, in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page may be placed in at least one newspaper of general circulation within the City of Ontario.
3. Public Hearing Notice Publication. If notice is mailed or delivered pursuant to Subparagraph C.1.b of this Section, notice shall also be published in at least one newspaper of general circulation in the City or, if there is no such newspaper of general circulation, the notice shall be posted in at least 3 public places within the boundaries of the City, including the subject site.
4. Supplemental Public Noticing Requirements — Posting. 4949
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-9 (Rev. 01.16.2024)
a. In addition to the requirements of paragraphs C.1 through C.3, above, supplemental public notice shall be provided, which consists of one or more large public notification signs consisting of a 6-foot-tall freestanding sign, having a sign face measuring 4 feet tall by 8 feet wide, which shall be posted on the project site for development related projects meeting any of the following criteria:
(1) The proposed project is planned to be developed at a higher density or intensity than the existing surrounding neighborhood; and/or (2) The proposed project requires a General Plan Amendment, Specific Plan Amendment, or Zone Change; and/or
(3) The proposed project requires the preparation of an environmental impact report; and/or
(4) The Planning Director has determined that supplemental public notice is necessary and desirable based on the nature of the proposed project. For large projects, the planning director may determine that more than one sign is necessary. b. A cash deposit is required in an amount adopted by resolution of the City Council, to ensure compliance with the supplemental notification requirements, including maintenance and removal of the large notification sign. c. In order to implement the large public notification signs as an effective form of public notification, the following rules and standards shall apply:
(1) Large public notification signs shall be constructed and installed pursuant to the specifications established and published by the Planning Director. (2) Large public notification signs shall be posted 300 lineal feet apart along each project site's street frontage. Sign locations shall be approved by the Planning Director in conjunction with a Sign Plan for a temporary sign issued pursuant to the requirements of Division
8.01 (Sign Regulations) of this Development Code.
(3) The fabrication and installation of a large public notification sign shall be the responsibility of the project applicant. Once the project application is deemed complete and all notification signs installed per city standards, the proposed project will be scheduled for all required public hearings.
(4) Large public notification signs shall be maintained in good condition and shall remain in place until the final decision on the proposed project has been made or the application is withdrawn.
(5) Large public notification signs shall be removed by the applicant within 14 days following the final decision on the project or the date of application withdrawal.
Failure to remove the sign within the prescribed period shall result in forfeiture of the cash deposit and removal of the sign by the City.
5. Other Acceptable Methods of Public Noticing. In addition to the public noticing required by Paragraphs C.1 through C.4 of this Section, the City may give notice of a hearing by any other method deemed necessary or desirable by the Planning Director. 4950
Division 2.03—Public Hearings
(Rev. 01.16.2024) Page 2.03-10 Ontario Development Code D. Public Notices Required Pursuant to CEQA. Public notification required pursuant to CEQA shall be prepared and advertised consistent with the requirements of the "City of Ontario Guidelines for the implementation of the California Environmental Quality Act," latest edition.
2.03.015: Public Hearing Procedures
A. At any public hearing held pursuant to the provisions of this Division, the Advisory, Approving or Appeal Authority shall hear the applicant, appellant, and any interested persons.
The Advisory, Approving or Appeal Authority may restrict the oral presentation by any person to a time period established in the rules and procedures of the Authority, and may preclude the introduction of any evidence determined to be irrelevant to the public hearing. However, an Advisory, Approving or Appeal Authority shall receive any person's written statement.
B. In the event that an Advisory, Approving or Appeal Authority has obtained evidence outside of the hearing, the information shall be placed into the record. Thereafter, the applicant, appellant or any interested person may rebut the information and shall be entitled to a continuance for that purpose; however, no person may examine an Advisory, Approving or Appeal Authority.
C. Any action or decision of an Advisory, Approving or Appeal Authority shall require a majority vote of its attending members. An abstention by any member who is present at the hearing, and has heard all presented evidence, shall constitute an affirmative vote on any motion regarding the application.
D. When an action or decision of an Approving Authority is anticipated to be contested, the City shall insure that a verbatim record of the hearing is made and duly preserved, provided that a written request is submitted to the City, along with a deposit equal to the total anticipated cost of preparing the record, at least 5 days prior to the date of the hearing. If the actual cost to prepare the record is greater than the provided deposit, the difference (amount owed) shall be paid to the City prior to the record being made available. The City shall return any unused portion of the deposit following completion of the record.
E. Any public hearing conducted pursuant to this Section may be continued from time-totime. If a hearing is continued at the request of an applicant or appellant, the continuance shall constitute a waiver of any applicable time period in which to act or render a decision.
F. Any action or decision of the Approving Authority shall be final and conclusive, unless appealed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
2.03.020: Request for Notification
Wherein notice of a public hearing is required pursuant to Section 2.03.010 (Public Hearing Notices) of this Division, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for such notice with either the city clerk or the Planning Department.
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Ontario Development Code Page 2.03-11 (Rev. 01.16.2024)
2.03.025: Failure to Receive a Public Notice
Pursuant to GC Section 65093, the failure of any person or entity to receive notice given pursuant to this Division shall not constitute grounds for any court to invalidate the actions of the Approving Authority for which the notice was given.
2.03.030: Cemeteries
Wherein an application is submitted for a Development Code Amendment, General Plan Amendment, Specific Plan Amendment, Variance, Conditional Use Permit, Development Plan, or any entitlement for use which would permit all or any part of a cemetery, as defined in HSC Section 8100, to be used for other than cemetery purposes, the City shall give notice pursuant to Section
2.03.010 (Public Hearing Notices) of this Division. Those persons requesting notice shall be notified by the City at the address provided at the time of the request. 4952
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4953
Ontario Development Code Page 2.04-1 (Rev. 12.01.2020)
Division 2.04—Appeals
Sections:
2.04.000: Purpose
2.04.005: Applicability
2.04.010: Appeals
2.04.015: Planning Commission Right to Direct that a Decision or Action of the Zoning Administrator or Development Advisory Board be Further Considered
2.04.020: City Council Right to Direct that a Decision or Action of the Planning Commission, Zoning Administrator, or Development Advisory Board be Further Considered
2.04.000: Purpose
The purpose of this Division is to implement GC Section 65903, which governs the establishment of procedures for the filing, processing and hearing of appeals on actions or decisions of a City department, agency, or Approving Authority.
2.04.005: Applicability
Any person having legal standing, including but not limited to an applicant, resident, business owner, or any person owning real property within the City, that is aggrieved by an interpretation, action or decision made pursuant to this Development Code by any City agency or department, or by an Approving Authority, may appeal such action to the Appeal Authority in accordance with the provisions of this Division.
2.04.010: Appeals
A. Appeal Authority.
1. The Appeal Authority for all legislative actions, discretionary permits and actions, and ministerial permits and decisions, is hereby established pursuant to Table 2.02-1 (Review Matrix) of this Development Code.
2. The Appeal Authority for an administrative interpretation, action, or decision made by any City agency or department head regarding any matter prescribed or governed by this Development Code may be appealed to the Planning Commission, except as otherwise prescribed by this Development Code.
B. Appeal Procedure.
1. An appeal request shall be filed with the Planning Department on a City application form, along with any appropriate fees established by resolution of the City Council, within 10 days following the action or decision being appealed. The appeal shall include a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and the relief requested from the Appeal Authority.
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Division 2.04—Appeals
(Rev. 12.01.2020) Page 2.04-2 Ontario Development Code
2. An appeal of an action or decision by the Approving Authority shall be limited to those matters raised during the hearing and contained in the appeal statement. The Appeal Authority shall not consider any matter that was not raised during the hearing before the Approving Authority and contained in the appeal statement.
3. Upon receipt of an appeal request, copies of the request and supporting information shall be conveyed to the Appeal Authority within 45 days (30 days for a tentative subdivision map) following the filing of the appeal request. The Appeal Authority shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.
4. Upon receipt of an appeal request, the Planning Director shall prepare the record on the subject matter of the appeal, including any staff reports and meeting minutes, and transmit the record to the Appeal Authority. The Planning Director shall also prepare a written report responding to the appeal statement, containing a recommendation on the appeal and appropriate findings supporting the recommendation, along with any appropriate conditions of approval. The report shall be made available to the Appellant at least 72 hours prior to the hearing before the Appeal Authority.
5. Within 30 days (10 days for a tentative subdivision map) following the conclusion of the hearing, the Appeal Authority shall render its decision on the appeal. The Appeal Authority may deny the appeal or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision shall include all required findings.
2.04.015: Planning Commission Right to Direct Further Consideration of a Zoning Administrator or Development Advisory Board Action
A. Agendas of Zoning Administrator and Development Advisory Board hearings shall be provided to the Planning Commission at least 72 hours prior to the date of the hearing.
B. Within 10 days following any decision or action of the Zoning Administrator or Development Advisory Board, the Planning Commission may call-up such decision or action for further consideration.
C. Upon calling-up a decision or action pursuant to Subsection B, above, the Planning Commission shall set the matter for hearing, which shall be noticed and conducted pursuant Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Subsection 2.04.010.B (Appeal Procedure) of this Division.
D. The Planning Commission may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission's decision shall be final and conclusive in the absence of an appeal filed pursuant to this Division.
2.04.020: City Council Right to Direct Further Consideration of a Planning Commission, Zoning Administrator, or Development Advisory Board Action
A. All agendas for Zoning Administrator, Development Advisory Board and Planning Commission hearings shall be provided to the City Council at least 72 hours prior to the date of the hearing.
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B. Within 10 days following any decision or action of the Planning Commission, Zoning Administrator, or Development Advisory Board, the City Council may direct that such decision or action be sent to the Planning Commission for further consideration.
C. Within 10 days following any decision or action of the Planning Commission, the City Council may call-up such decision for further consideration.
D. Upon sending or calling-up a decision or action pursuant to Subsections B and C of this Section, the applicable hearing body shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Section 2.04.010.B (Appeal Procedure) of this Division.
E. The Planning Commission or City Council may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission's decision shall be final and conclusive, unless appealed to the City Council pursuant to Section 2.04.010 (Appeals) of this Division. The City Council's decision shall be final and conclusive.
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Ontario Development Code Page 2.05-1 (Rev. 12.01.2020)
Division 2.05—City Initiated Modification or Revocation Sections:
2.05.000: Purpose
2.05.005: Applicability
2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation
2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use
2.05.000: Purpose
The purpose of this Division is to:
A. Establish procedures for securing disciplinary or punitive modification or revocation of a previously granted Conditional Use Permit, or Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship; and
B. Establish procedures for the revocation of Conditional Use Permits, for which the land use granted has been abandoned.
2.05.005: Applicability
A. Conditional Use Permit.
1. Disciplinary or Punitive Modification.
a. The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Conditional Use Permit, based upon one or more of the following causes of action:
(1) The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval; (2) The Conditional Use Permit granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or (3) The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance. b. The action to modify a Conditional Use Permit shall have the effect of changing the physical and/or operational aspects of the Conditional Use Permit. The changes may include the physical and/or operational aspects related to noise, buffers, duration of the permit, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the Conditional Use Permit is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.
2. Disciplinary or Punitive Revocation.
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Division 2.05—City Initiated Modification or Revision
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a. The Approving Authority shall have authority to revoke a Conditional Use Permit, based upon one or more of the following causes of action:
(1) The Conditional Use Permit approval was obtained by fraud; (2) The Conditional Use Permit granted is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days; (3) The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval; (4) The Conditional Use Permit granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or (5) The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance. b. The Approving Authority's action to revoke a Conditional Use Permit shall have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.
3. Revocation of Due to Abandonment of Use. A Conditional Use Permit granting a land use that is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days, may be deemed to be abandoned (cause of action) and may be revoked solely on the basis of its abandonment.
B. Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship.
1. Disciplinary or Punitive Modification.
a. The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of certificate approval;
(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(3) The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b. The action to modify a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of changing the physical aspects of the certificate, such as landscaping and irrigation, lighting, parking, performance guarantees, property maintenance, signs, paving, or any other aspect or condition determined to be reasonable and necessary to en 4959
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sure that the certificate is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.
2. Disciplinary or Punitive Revocation.
a. The Approving Authority shall have authority to revoke a Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1) The Certificate of Appropriateness or Certificate of Economic Hardship approval was obtained by fraud;
(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is not being exercised;
(3) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
(4) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(5) The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b. The Approving Authority's action to revoke a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of terminating the certificate and denying the privileges granted by the original approval and any subsequent modifications.
2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation A. Initiation of Modification or Revocation.
1. Conditional Use Permit. It shall be the responsibility of the Zoning Administrator to determine whether reasonable grounds exist to initiate a Conditional Use Permit modification or revocation.
2. Certificate of Appropriateness or Certificate of Economic Hardship. It shall be the responsibility of the Historic Preservation Subcommittee to determine whether reasonable grounds exist to initiate a Certificate of Appropriateness or Certificate of Economic Hardship modification or revocation.
B. Hearing Notification. Upon determination that reasonable grounds exist to initiate a permit or certificate modification or revocation, the City shall:
1. Schedule a hearing before the Approving Authority, which shall be noticed pursuant to Division 2.03 (Public Hearings) of this Development Code, based upon the type of application being considered (Note: If Division 2.03 (Public Hearings) does not require public 4960
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notification for the application type being considered, no public notice shall be required for the modification/revocation hearing); and
2. Serve the affected applicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/Revocation Proceedings. The notice shall be sent by certified mail at least 10 days prior to the public hearing date, and shall contain the following minimum information:
a. A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;
b. The name(s) of the owner, and name(s) of occupants if different from the owner;
c. The project file number and date of issuance;
d. A description of the authorized land use or development entitlement, or discretionary administrative permit;
e. Statements supporting one or more of the causes of action contained in Section 2.05.005 (Applicability) of this Division;
f. A statement that the Approving Authority will hold a public hearing within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the hearing, may either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance; g. A statement that the applicant, owner, and/or occupant may appear in person and/or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and h. The date, time, and place of the public hearing.
C. Hearing.
1. The modification or revocation shall be heard and acted upon pursuant to the procedures for public hearings contained in Division 2.03 (Public Hearings) of this Development Code.
2. At the conclusion of the hearing, the Approving Authority may take appropriate action to ensure permit or certificate compliance, including the addition, deletion, or modification of conditions of approval, or revocation of the permit or certificate.
D. Decision and Notice to Property Owner.
1. Within 45 days following the conclusion of the modification or revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the causes of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.
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2. The decision of the Approving Authority to modify or revoke an approved discretionary permit or action shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use A. Revocation Initiation. The Approving Authority may initiate the revocation of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.
B. Hearing Notification. Upon determination by the Approving Authority that reasonable grounds exist to initiate Conditional Use Permit revocation, the Approving Authority shall conduct a hearing, setting the date and time upon which the request will be considered. Notice of the hearing shall be given, and the hearing shall be conducted, pursuant to Division 2.03 (Public Hearings) of this Development Code.
C. Decision and Notice to Property Owner.
1. The Approving Authority shall not revoke a Conditional Use Permit if there is a compelling government interest in maintaining the subject permit.
2. The Approving Authority's action to revoke a Conditional Use Permit shall have the effect of terminating the land use permit, along with any privileges granted by the original approval and any subsequent modifications that may have been granted.
3. Following the conclusion of the revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the cause of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.
4. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code. 4962
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Division 2.06—Performance Guarantees
Sections:
2.06.000: Purpose
2.06.005: Applicability
2.06.010: Surety Form and Amount
2.06.015: Surety for Maintenance
2.06.020: Duration of Surety
2.06.025: Release or Forfeiture of Surety
2.06.000: Purpose
The purpose of this Division is to establish a procedure by which a discretionary permit or action, or ministerial permit or decision may require, by conditions of approval or by action of the Approving Authority, to provide surety guaranteeing the faithful performance and proper completion of any approved work and compliance with conditions of approval.
2.06.005: Applicability
The provisions of this Division shall apply to performance guarantees for projects authorized by any a discretionary permit or action, or ministerial permit or decision required by this Development Code.
2.06.010: Surety Form and Amount
The required surety shall be in a form (e.g., cash deposit, certificate of deposit, surety bond, etc.) approved by the Planning Director or City Engineer, upon recommendation of the City Attorney.
The amount of surety shall be as determined by the Planning Director and/or City Engineer to be necessary to ensure proper completion of the work and compliance with conditions of approval.
2.06.015: Surety for Maintenance
In addition to any improvement surety required to guarantee proper completion of work, the Planning Director or City Engineer may require surety for maintenance of the work in an amount determined by the Planning Director and/or City Engineer to be sufficient to ensure the proper maintenance and functioning of improvements.
2.06.020: Duration of Surety
Required improvement surety shall remain in effect until final inspections have been made and all work has been accepted by the Planning Director and/or City Engineer, or until any warranty period required by the Planning Director and/or City Engineer has lapsed. Maintenance surety shall remain in effect for the one-year period following the date of final inspection. 4964
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2.06.025: Release or Forfeiture of Surety
A. Upon satisfactory completion of work and the approval of a final inspection at the end of the required time for maintenance surety, the improvement and/or maintenance deposits or bonds shall be released.
B. Upon failure to complete all required work, failure to comply with all of the terms of any applicable permit or failure of the completed improvements to function properly, the City may perform the required work or cause it to be completed, and collect from the permittee or surety, all the costs incurred by the City, including the all costs for the work and all related administrative, inspection and legal costs.
C. Any unused portion of the surety shall be refunded to the funding source after deduction of all costs for the work and all related administrative, inspection and legal costs. 4965
Chapter 4.0:
Permits, Actions, and Decisions
Division 4.01—Legislative Actions
Division 4.02—Discretionary Permits and Actions
Division 4.03—Ministerial (Administrative) Permits and Decisions 4966
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Ontario Development Code Page 4.01-1 (Rev. 01.16.202412.03.2024) Division 4.01—Legislative Actions
Sections:
4.01.000: Purpose
4.01.005: Applicability
4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments
4.01.015: Development Agreements
4.01.020: Development Code Amendments
4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)
4.01.030: Planned Unit Developments (PUD) and Amendments
4.01.035: Specific Plans and Amendments
4.01.040: Zone Changes
4.01.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of legislative actions by the appropriate Reviewing Authorities. Generally, legislative actions entail the establishment of rules, policies, or standards of general applicability, which involve the exercise of discretion and preside over considerations of public health, safety, and welfare.
4.01.005: Applicability
Whenever the public necessity, convenience, general welfare, or good planning practice so requires, the appropriate Reviewing Authorities, as prescribed by Table 2.02-1 (Review Matrix) of this Development Code, may consider the adoption of a legislative action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the legislative action being considered.
4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing the Los Angeles/Ontario International Airport Land Use Compatibility Plan pursuant to the provisions of PUC Section 21670 et seq., whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. PUC Section 21675 requires the preparation of an Airport Land Use Compatibility Plan (ALUCP) that will provide for the orderly growth of Los Angeles/Ontario International Airport and the area surrounding the airport and will safeguard the inhabitants within the vicinity of the airport and the public in general. The City Council may, by ordinance and upon written recommendation of the Planning Commission, further amended, supplement or change the ALUCP, whenever the public necessity, convenience, general welfare, and good planning practice so requires.
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2. The Los Angeles/Ontario International Airport Land Use Compatibility Plan and any amendments thereto, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. An application for ALUCP adoption or an amendment there to, shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. An ALUCP, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.
1. The proposed ALUCP, or amendment thereto, will protect the public health, safety, and welfare by ensuring the orderly expansion of airports;
2. The proposed ALUCP, or amendment thereto, will minimize the public's exposure to excessive noise and safety hazards within areas around the airport to the extent that these areas are not already devoted to incompatible uses;
3. The proposed ALUCP, or amendment thereto, is consistent with the goals and policies of the general plan; and
4. The proposed ALUCP, or amendment thereto, is reasonable and beneficial, and in the interest of good planning practice.
4.01.015: Development Agreements
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Development Agreements by and between the City and persons having a legal or equitable interest in a property proposed to be the subject of an agreement, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65864 et seq., the City Council may, by ordinance and upon written recommendation of the Planning Commission as to the consistency of a proposed Development Agreement with the Policy Plan (General Plan) component of The Ontario Plan, enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. It is intended that the provisions of this division shall be fully consistent and compliant with the provisions of GC Section 65864 et seq. and shall be so construed.
C. Agreement Contents.
1. A Development Agreement entered into pursuant to the provisions of this Division shall, at a minimum, include the following information:
a. Duration of the agreement;
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Ontario Development Code Page 4.01-3 (Rev. 01.16.202412.03.2024) b. The permitted use(s) of the property;
c. The density or intensity of use;
d. The maximum height and size of proposed buildings; and e. Provisions for reservation or dedication of land for public purposes.
2. In addition to the minimum information required by Paragraph C.1., above, the development agreement may include the following:
a. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the use(s) and to the density or intensity of development set forth in the agreement; b. Provide that construction shall be commenced within a specified time period and that the project, or any phase thereof, be completed within a specified time; c. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and
d. Any other such terms, conditions, and requirements as deemed necessary and proper by the City Council, including, but not limited to, a requirement for assuring to the satisfaction of the City, performance of all provisions of the development agreement in a timely fashion by the agreement holder.
D. Application Filing, Processing and Hearing. An application for Development Agreement consideration shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
E. Findings. A Development Agreement shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing that the provisions of the Agreement are consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and any applicable specific plans, and giving supporting reasons for each finding. A Development Agreement shall be denied if one or more of the required findings cannot be clearly established.
F. Recordation of Agreement. Within 10 days following the City entering into a Development Agreement, the City Clerk shall record with the county recorder, a copy of the Agreement, which shall prescribe the land subject to the agreement. From and after the time of recordation, the Agreement shall impart notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the Agreement shall be binding upon, and the benefits of the Agreement shall inure to, all successors in interest to the parties to the agreement.
G. Amendments. A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the Agreement, or their successors in interest. Any action to amend or cancel any portion of the Agreement shall be carried out pursuant to the procedures specified in Subsection D (Application Filing, Processing and Hearing), above. 4970
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1. Every Development Agreement approved and executed pursuant to this Division shall be annually reviewed during the term of the Agreement, following the date of its execution.
The purpose of the review is to determine whether the holder of the Agreement has complied in good faith with the terms of the Agreement. The burden shall be placed on the holder of the Agreement to demonstrate compliance to the full satisfaction of and in a manner prescribed by the City.
2. If as a result of annual review pursuant to this Subsection the City Council finds and determines, on the basis of substantial evidence, that the holder of the Development Agreement has not complied in good faith with the terms or conditions of the Agreement, the City Council may either amend or terminate the Agreement.
I. Modification/Suspension in Compliance with State or Federal Regulations. In the event that State or Federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the Agreement shall be modified or suspended as may be necessary to comply with State or Federal laws or regulations.
4.01.020: Development Code Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing this Development Code whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance and upon written recommendation of the Planning Commission, amend, supplement, or change the ordinances codified in this Development Code whenever the public necessity, convenience, general welfare, or good zoning practice so requires.
C. Application Filing, Processing and Hearing. An application for a Development Code Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Development Code Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.
1. The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan; and
2. The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
E. Urgency Measure: Interim Ordinance. Without following the procedures otherwise required prior to the adoption of a Development Code Amendment, to protect the public safety, health, 4971
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4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)
A. Purpose. The Policy Plan component of The Ontario Plan serves as the City's General Plan, which is mandated by State law pursuant to GC Section 65300 et seq. The purpose of this Section is to establish procedures for amending, supplementing, or changing the Policy Plan whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. Pursuant to GC Section 65358, the City Council may, by resolution and upon written recommendation of the Planning Commission, amend, supplement, or change the Policy Plan (General Plan) component of The Ontario Plan.
2. A mandatory element of the Policy Plan shall not be amended more than 4 times during any calendar year; except that this limitation shall not apply to amendments necessary for the development of residential units where at least 25 percent of the proposed units will be occupied by, or available to, persons and families of low or moderate income, as defined by HSC Section 50093.
C. Application Filing, Processing and Hearing. An application for a General Plan (Policy Plan) Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A General Plan (Policy Plan) Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. Technical Amendment Findings. The first finding (Subparagraph D.1.a, below) and any one or more of the subsequent findings (Subparagraphs D.1.b through e, below) shall justify a technical amendment:
a. The proposed amendment will not change any policy direction or intent of the Policy Plan (General Plan) component of The Ontario Plan. b. An error or omission is in need of correction.
c. A land use designation was based on inaccurate or misleading information and, therefore, should be changed to properly reflect the policy intent of the Policy Plan (General Plan) component of The Ontario Plan.
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e. A minor change in boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.
2. Entitlement/Policy Amendment Findings. The first two findings (of the Policy Plan (General Plan) component of The Ontario Plan, below), and any one or more of the subsequent findings (Subparagraphs D.2.c through f, below), shall justify an entitlement/policy amendment:
a. The proposed change does not involve a change in, or conflict with:
(1) The Ontario Plan Vision;
(2) Any principle of the Policy Plan (General Plan) component of The Ontario Plan; or
(3) Any basic/foundational component of The Ontario Plan. b. The proposed amendment would contribute to the achievement of the purposes of the Policy Plan (General Plan) component of The Ontario Plan, or, at a minimum, would not be detrimental to them.
c. Special circumstances or conditions have emerged that were unknown or unanticipated at the time the Policy Plan (General Plan) component of The Ontario Plan was adopted.
d. A change in policy is required to conform to changes in state or federal law, or applicable findings of a court of law.
e. An amendment is required to comply with an update of the Housing Element or change in State Housing Element law (commencing with GC Section 65580). f. An amendment is required to address changes in public ownership of land.
3. Land Use Amendment Findings. The first four findings (Subparagraphs D.3.a through d, below), and any one or more of the subsequent findings (Subparagraphs D.3.e through h, below), shall justify an entitlement/policy amendment:
a. The proposed General Plan Amendment is consistent with the goals and policies of The Ontario Plan.
b. The proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. c. The Land Use Element is a mandatory element of the Policy Plan (General Plan) component of The Ontario Plan, which, pursuant to GC Section 65358, may be amended up to four times per calendar year, and the proposed General Plan Amendment is the first, second, third, or fourth (insert applicable amendment cycle) amendment to the Land Use Element within the current calendar year.
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Ontario Development Code Page 4.01-7 (Rev. 01.16.202412.03.2024) d. During the amendment of the Policy Plan (General Plan) component of The Ontario Plan, opportunities for the involvement of citizens, California Native American Indian tribes (pursuant to GC Section 65352.3), public agencies, public utility companies, and civic, education, and other community groups, through public hearings or other means, were implemented consistent with GC Section 65351.
e. The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties listed in the Available Land Inventory of the Housing Element Sites Inventory. Furthermore, changing the land use designation of the subject property from the existing Policy Plan (General Plan) land use designation (including density, if applicable) to the proposed Policy Plan (General Plan) land use designation (including density, if applicable) will not impact the City's Regional Housing Needs AllocationAssessment (RHNA) obligations, or the City's ability to satisfy its share of the region's future housing need.
f. The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is listed in the Available Land Inventory of the Housing Element Sites Inventory, and the proposed project is consistent with the number of dwelling units and density specified in the Housing Element SitesAvailable Land Inventory.
g. The project site is listed in the Available Land Inventory contained in the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Housing Element SitesAvailable Land Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element SitesAvailable Land Inventory is required.
Removal of the subject property from the inventory will not impact the City's Regional Housing Needs AllocationRHNA obligations since there are an adequate number of sites in the inventory to meet the City's Regional Housing Needs Allocation (RHNA) obligations. h. The proposed project is not consistent with the adopted Housing Element.
The project site is listed in the Available Land Inventory of the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Housing Element SitesAvailable Land Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element SitesAvailable Land Inventory of the Housing Element is required. Removal of the subject property from the inventory will impact the City's RHNARegional Housing Needs Allocation obligations since there are not an adequate number of sites in the inventory to meet the City's Regional Housing Needs Allocation (RHNA) obligations; therefore, the following property(ies) will be added to the Housing Element SitesAvailable Land Inventory:
Assessor Parcel Numbers (APN) Lot Area
[insert APN] [insert lot area]
Housing Element SitesAvailable Land Inventory
Existing Proposed
Number of Units: [insert existing number of units] [insert proposed number of units] Assumed Density: [insert existing density] [insert proposed density] 4974
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4.01.030: Planned Unit Developments (PUD) and Amendments A. Purpose.
1. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing PUDs whenever the public necessity, convenience, general welfare, or good planning practice so requires.
2. The PUD is intended to:
a. Secure a fuller realization of the Policy Plan component of The Ontario Plan than would result from the strict application of present zoning district regulations; b. Promote high standards in urban design;
c. Encourage the development of exceptionally high quality, mixed-use, high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and
d. Ensure harmonious relationships with surrounding land uses.
B. Authority.
1. Pursuant to GC Section 65850, the City Council may, by ordinance and upon written recommendation of the Planning Commission, adopt, amend, supplement or change regulations pertaining to the use of buildings, structures, and land; and establish development standards governing: building location, height, bulk, number of stories, and size; the size and use of lots, yards, courts, and other open spaces; lot coverage; the intensity of land use; off-street parking and loading; and signage, whenever the public necessity, convenience, general welfare and good planning practice so requires.
2. A PUD shall be required for those properly identified areas shown on Exhibit LU-05 (Additional Plans Required Map) of The Ontario Plan, and may be allowed on those properties located within the growth areas described on Exhibit LU-04 (Generalized and Growth Areas) of The Ontario Plan and in conjunction with mixed-use developments.
3. A PUD, and any amendments thereto, adopted pursuant to this Division shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. An application for Planned Unit Development adoption or amendment thereto, shall be filed, processed, and heard pursuant to Section
2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A PUD, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. 4975
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1. The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
3. In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4. In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
5. The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan.
4.01.035: Specific Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Specific Plans whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. Pursuant to GC Section 65450 et seq., the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.
2. A Specific Plan and any amendments thereto, adopted pursuant to this Division, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, an application for Specific Plan adoption or amendment shall be filed, processed and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Specific Plan, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.
1. The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; 4976
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3. In the case of an application affecting specific property(ies), the proposed Specific Plan, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4. In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
4.01.040: Zone Changes
A. Purpose. The purpose of this Section is to establish procedures for amending or changing the zoning boundaries or zoning classification (Zone Change) of any property within the City whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance, and upon written recommendation of the Planning Commission, change the zoning boundaries or classification of any property within the City, whenever the public necessity, convenience, general welfare, or good zoning practice so requires.
C. Application Filing, Processing and Hearing. An application for Zone Change shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Zone Change, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
3. The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4. The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
E. Prezoning of Unincorporated Territory. The prezoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council in the form of a request to the Planning Commission that it consider the prezoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be prezoned. A Prezone shall be completed pursuant to GC Section 65859 and this Section and shall become effective at the same time annexation of territory to the City becomes effective. 4977
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Sections:
4.02.000: Purpose
4.02.005: Applicability
4.02.010: Billboard Relocation Agreements
4.02.015: Conditional Use Permits
4.02.020: Departures from Development Standards (Minor Adjustments/Alterations and Variances)
4.02.025: Development Plans
4.02.030: Extensions of Legal Nonconforming Status
4.02.040: Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource
4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources
4.02.055: Historic Preservation—Certificates of Economic Hardship
4.02.060: Historic Preservation—Conservation Plans
4.02.065: Historic Preservation—Mills Act Contracts
4.02.070: Master Plans and Amendments
4.02.075: Sign Programs
4.02.080: Specific Plan Minor Amendments/Alterations
4.02.085: Subdivisions—Lot Merger (Merger of Contiguous Parcels)
4.02.090: Subdivisions—Reversions to Acreage
4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps
4.02.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of discretionary permits or actions. A discretionary permit or action, as established by Table 2.02-1 (Review Matrix) of this Development Code, includes projects that require the exercise of judgment or deliberation when making a decision to approve, conditionally approve, or deny a particular activity.
4.02.005: Applicability
The Reviewing Authorities prescribed by Table 2.02-1 (Review Matrix) of this Development Code, shall consider a discretionary permit or action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the discretionary permit or action being considered.
4.02.010: Billboard Relocation Agreements
A. Purpose. The purpose of this Section is to establish a procedure to reduce the overall number of legally established nonconforming billboards within the City, allowing billboards to be relocated to locations within the City that are more suitable, and provide for more attractive, aesthetically pleasing billboard designs. In addition, Billboard Relocation Agreements are intended to reduce or eliminate the City's obligation to pay compensation for the removal of legal 4978
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(Rev. 01.16.202412.03.2024) Page 4.02-2 Ontario Development Code nonconforming billboards. Billboard Relocation Agreements are part of the City's demonstrated commitment to improve its overall aesthetic appearance.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, upon written recommendation of the Advisory Authority, is hereby empowered to approve, approve in modified form, or deny a Billboard Relocation Agreement for the relocation of legally established nonconforming billboards within the City, to a relocation site established pursuant to this Section, provided a minimum of two existing legal nonconforming billboards are removed.
2. Existing legally established nonconforming billboards may be relocated only as part of a Billboard Relocation Agreement.
3. A relocated billboard proposed pursuant to this Section shall require the concurrent filing of a Sign Plan application pursuant to Section 4.03.020 (Sign Plans) of this Development Code.
C. Definitions. For the purposes of this Section, the following definitions shall apply:
1. "Major Gateway" means an entry into the City through a major transportation corridor or node (e.g., airport, arterial, and rail lines).
2. "Regionally Significant" means a use that supports activities or economies at a scale greater than that of a single jurisdiction, drawing predominately from a market area that extends at least 20 miles beyond the City limits.
3. "Underdeveloped" means a lot that is not developed to its highest and best use.
4. "Visual Clutter" means disorganized, distracting, and/or competing graphics within public view, which contribute to visual blight.
D. Relocation Sites and Billboard Design Criteria. Generally, relocation sites are restricted to areas that are recognized as major gateways into the City, within or adjacent to a regionally significant project. The following considerations shall serve as guidelines for the placement and design of relocated billboards:
1. Site Criteria. The below-listed considerations shall serve as general guidelines for use by applicants and the City in the identification of potential suitable billboard relocation sites.
Specific sites within suitable areas will be negotiated through the Billboard Relocation Agreement process.
a. The area is developed with a legally established allowed use that is regionally significant;
b. The area does not have excessive visual clutter;
c. The proposed relocated billboard would be compatible with uses and structures on the site, and in the surrounding area;
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Ontario Development Code Page 4.02-3 (Rev. 01.16.202412.03.2024) d. The proposed billboard would not create a traffic or safety problem with regard to on-site access, circulation, or visibility; and e. The proposed billboard would not interfere with on-site parking or landscaping required by City ordinance or permit.
2. Prohibited Sites. No Billboard shall be relocated to a site if it meets any of the following criteria:
a. The site is adjacent to any freeway (Interstate 10, Interstate 15, or State Route 60) or Euclid Avenue;
b. The site is located within the AG (Interim Agricultural Overlay) zoning district; c. The site is undeveloped or underdeveloped;
d. The site is within 3,000 FT of property located within a residential land use district shown on the Land Use Plan (Exhibit LU-01) of the Policy Plan (General Plan) component of The Ontario Plan; and
e. The site is within 3,000 FT of an existing billboard or electronic message center.
f. Interagency Relocation Exception. Notwithstanding the foregoing, a billboard may be relocated from a location outside the City, to any location within the City, pursuant to an agreement approved at the discretion of the City Council, between the City and another public agency, so long as the following findings can be clearly established:
(1) A minimum of 6 existing, legal nonconforming billboards shall be removed, at least 5 of which must be currently located within the City; (2) The billboard's relocation is necessitated by work being performed on the same freeway as the planned new site for the billboard; and (3) The public health safety and welfare are not impaired by the relocation.
3. Design Criteria. Typical billboard design with a large sign area mounted on a pole is not permitted. Pylon-type signs, which are structural elements with architectural treatment, are required. Suitable design shall be based on the following considerations:
a. The design should be integrated into the design scheme of the surrounding area and/or buildings;
b. The design shall provide architectural interest for the structure; and c. The design shall incorporate a top and base treatment to the billboard structure;
E. Candidate Billboards for Relocation. The following considerations shall serve as general guidelines in identifying candidate billboards for relocation:
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1. Areas of general priority for removal and relocation include redevelopment project areas, areas along major thoroughfares leading into commercial districts, areas visible to freeways and highways, and streets upon which billboards are heavily concentrated and contribute to existing visual clutter.
2. Candidate billboards must be legally established non-conforming billboards.
Illegally placed billboards shall not be candidates for Billboard Relocation Agreements.
F. Application Filing, Processing and Hearing. A Billboard Relocation Agreement application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
G. Findings. A Billboard Relocation Agreement shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The Agreement shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The Billboard Relocation Agreement is consistent with the goals, policies, plans and exhibits of The Ontario Plan, the requirements of the Development Code, and any applicable specific plans, area plans, or planned unit developments;
2. The proposed relocation site is compatible with uses and structures on the site and in the surrounding area;
3. The Billboard Relocation Agreement contributes to the reduction of visual clutter in the City;
4. The proposed site complies with the relocation criteria established by this Section; and
5. The proposed billboard will not create a traffic or safety problem with regard to onsite access, circulation, or visibility.
4.02.015: Conditional Use Permits
A. Purpose. The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of technological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Conditional Use Permit, and to impose reasonable conditions upon the approval of the application.
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2. Conditional Use Permit approval shall be required prior to: [i] the establishment of those land uses, activities and facilities so identified in Table 5.02-1 (Land Use Matrix) of this Development Code; [ii] the conversion of any existing residential development project for sale, transfer, or conveyance as a common interest project pursuant to Section 6.08.045 (Conversion to a Residential Common Interest Project); [iii] the conversion of any existing commercial or industrial development project for sale, transfer, or conveyance, as a common interest project pursuant to Section 6.08.050 (Conversion to a Commercial or Industrial Common Interest Project); and [iv] the alteration/expansion of a nonconforming nonresidential land use or structure pursuant to Subsection 3.01.020.J (Alteration and/or Expansion of a Nonconforming Nonresidential Structure) of this Development Code.
C. Application Filing, Processing and Hearing. A Conditional Use Permit application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Conditional Use Permit shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.
1. The scale and intensity of the proposed land use would be consistent with the scale and intensity of land uses intended for the particular zoning or land use district.
2. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.
3. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Development Code and any applicable specific plan or planned unit development.
4. The proposed use at the proposed location would be consistent with the provisions of the Airport Land Use Compatibility Plan.
5. The establishment, maintenance, and operation of the proposed use at the proposed location would not be detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
E. Conditions of Approval.
1. In approving a Conditional Use Permit, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
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2. The conditions imposed on Conditional Use Permits may include provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements (public and private), site design, operational characteristics, land use compatibility, general character, appearance, environmental impact, time limits for commencement or termination of the construction or use authorized, revocation and use termination dates, and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.
3. A copy of the approving decision or resolution, and related conditions of approval (if any) issued by the Approving Authority shall be maintained on site and shall be made available for inspection upon demand by a City representative.
4. A Conditional Use Permit shall only apply to the approved particular use on a particular property, which may be transferred from one owner of the property to another successive owner of the same property.
5. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Conditional Use Permit Modification/Revision.
1. Conditional Use Permits and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Conditional Use Permit, following the procedures set forth in this Section for Conditional Use Permit approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
G. Voluntary Surrender of a Conditional Use Permit. A Conditional Use Permit approved pursuant to this Development Code may be voluntarily surrendered, in writing, by the affected property owner. The procedure for Conditional Use Permit surrender shall be as follows:
1. The Reviewing Authority originally approving the subject Conditional Use Permit shall set a date and time on which the request will be considered. Notice of the hearing shall be given pursuant to Division 2.03 (Public Hearings) of this Development Code.
2. The notice shall indicate that any interested person may make a written request at any time prior to the advertised public hearing, or may request in person at the time of the advertised hearing, that a public hearing be held at the advertised date and time. If no hearing is requested, the Reviewing Authority may decide on the matter without a public hearing. If a pu 4983
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Ontario Development Code Page 4.02-7 (Rev. 01.16.202412.03.2024) blic hearing is requested, the Reviewing Authority shall conduct the public hearing pursuant to Division 2.03 (Public Hearings) of this Development Code.
3. The Reviewing Authority shall deny the surrender of the Conditional Use Permit only if it can be clearly shown that there is a compelling government interest in maintaining the Conditional Use Permit.
4. The decision of the Reviewing Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
4.02.020: Departures from Development Standards (Minor Adjustments/Alterations and Variances) A. Purpose. The purpose of this Section is to establish procedures by which departures from certain development standards may be permitted by this Development Code when certain specified circumstances exist.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny certain departures from certain development standards established by this Development Code, and to impose reasonable conditions upon the approval of such request.
2. The City's authority to grant departures from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.
C. Minor Adjustments/Alterations.
1. Purpose. Minor Adjustments/Alterations, like Variances, are intended to allow for departures from the strict application of the numerical development standards established by this Development Code, when their strict application would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the development regulations. Minor Adjustments/Alterations, however, are determined to have a lesser (minor) measure of impact than Variances, due to the limited measure of adjustment allowed; therefore, requiring a modified review process.
2. Applicability.
a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Minor Adjustment/Alteration, and to impose reasonable conditions upon the approval of the application.
b. Minor Adjustments/Alterations may be approved for:
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(Rev. 01.16.202412.03.2024) Page 4.02-8 Ontario Development Code (1) A reduction of up to 25 percent from minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; or
(2) A 10 percent increase in the maximum height of structures. c. A Minor Adjustment/Alteration shall not be approved for reductions in minimum lot size, lot coverage, lot dimension, landscape coverage, parking requirements, or for an increase in maximum density or floor area ratio.
3. Application Filing, Processing and Hearing.
a. A Minor Adjustment/Alteration shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
b. The applicant and the owners of all properties having a property line common with the affected property shall be notified of the proposed Minor Adjustment/Alteration pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code. Furthermore, the notice shall state that a public hearing shall not be required unless requested by the applicant, an abutting property owner, or other affected person or entity. c. A public hearing, if requested, shall be conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.
d. If no public hearing is requested, the Zoning Administrator shall approve, approve in modified form, or deny a Minor Adjustment/Alteration no less than 10 days following distribution of the notice required by Subparagraph D.3.b, above.
4. Findings and Decision. A Minor Adjustment/Alteration shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code; b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district; c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Minor Adjustment/Alteration will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.
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Ontario Development Code Page 4.02-9 (Rev. 01.16.202412.03.2024) e. The proposed Minor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.
5. Conditions of Approval.
a. In approving a Minor Adjustment/Alteration, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
D. Variance.
1. Purpose. The City's authority to grant a Variance from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.
2. Applicability.
a. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, is hereby empowered to approve, approve in modified form, or deny a Variance application, and to impose reasonable conditions upon the approval of the application.
b. A Variance may be approved to allow deviation from any numerical development standard established by this Development Code with respect to minimum and/or maximum dimension, area, mass, and quantity, except that a Variance shall not be granted for increases in maximum density or floor area ratio.
c. A variance shall not be approved on a lot that authorizes a use or activity that is not otherwise expressly authorized by the zoning district governing the affected lot, nor shall the power to approve a Variance extend to any public health or safety standard, as this authority has been precluded by state laws.
3. Application Filing, Processing and Hearing. A Variance application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
4. Findings and Decision. A Variance shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after 4986
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(Rev. 01.16.202412.03.2024) Page 4.02-10 Ontario Development Code considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code; b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district; c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. e. The proposed Variance is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.
5. Conditions of Approval.
a. In approving a Variance, the Approving Authority, as applicable, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
4.02.025: Development Plans
A. Purpose. The purpose of this Section is to:
1. Establish a review process whereby the integrity and character of the physical fabric of the City will be protected in a manner consistent with the goals and policies of The Ontario Plan. This is ensured through the review of:
a. The suitability of building location;
b. Location and design of off-street parking and loading facilities; 4987
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Ontario Development Code Page 4.02-11 (Rev. 01.16.202412.03.2024) c. Location, design and dedication of streets and alleys (public and private facilities);
d. Location and design of pedestrian and vehicular entrances and exits; e. Location, design, materials and colors of walls and fences; f. Location, design, size, and type of landscaping (public and private facilities);
g. Location, design, and materials of hardscape areas, such as patios, sidewalks and walkways (public and private facilities); h. Drainage and off-site improvements (public and private facilities); i. Compatibility with the surrounding area;
j. Exterior building architectural design, materials and colors; k. Quality of proposed design and construction;
l. Location, type, design, colors, and materials of signs; and m. Any conditions affecting the public health, safety, welfare, and general aesthetic of the community.
2. Protect and preserve the value of properties and to encourage high quality development throughout the City, whereas adverse effects would otherwise result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildings and structures; inadequate and poorly planned landscaping; and failure to preserve, where feasible, natural landscape features, and open spaces.
3. Recognize the interdependence of land values and aesthetics, and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements consistent with The Ontario Plan, with due regard to the public and private interests involved.
4. Ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities are protected by the exercise of reasonable controls over the character and design of private buildings, structures, parking and loading facilities, landscaped areas, recreation amenities and open spaces.
5. Ensure the design of landscaping and irrigation that shades parking facilities and other paved areas, buffers or screens undesirable views and compliments building architecture and overall site design.
6. Ensure reasonable controls over the character, design and location of signs, and the appropriate use of well-designed signs that complement the architecture of surrounding buildings, while considering the public and private interests involved and the exercise of control over the undesirable use of excessive signage.
B. Applicability.
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1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Development Plan application, and to impose reasonable conditions upon a Development Plan approval.
2. Development Plan approval shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building, as follows:
a. The development of 3 or more dwelling units on a single lot; b. The development of 5 or more lots within a residential subdivision; c. The development of 5 or more dwelling units, regardless of the number of lots involved;
d. The development of a nonresidential building within a residential zoning district, or an addition thereto, which is in excess of 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
e. The development of a vacant lot within a nonresidential zoning district; f. The conversion of a commercial structure to a residential structure, or conversion of a residential structure to a commercial structure; g. The remodel of, or addition to, an existing nonresidential building, which results in an overall change in the architectural/aesthetic integrity, as determined by the Planning Director;
h. The remodel of, or addition to, a nonresidential building, which would result in the demolition and replacement/reconstruction of more than 50 percent of the existing building;
i. The conversion of a gasoline or fueling station to facilitate another allowed land use (see standards contained in Subsection 5.03.040,C (Conversion of Gasoline and Fueling Stations) of this Development Code);
j. An addition to an institutional facility (including religious assembly and places of worship, government services, healthcare services, and educational services), when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
k. Commercial developments and Tthe development of a permanent building within the CIV, OS-R, OS-C, or UC zoning district, when such development would exceed 500 SF of GFA (cumulative), or an addition thereto, when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less; l. The development of a permanent building within the AG zoning district, when such development would exceed 5,000 SF of GFA (cumulative), or an addition thereto, when such addition would exceed 25 percent of the original structure GFA or 5,000 SF (cumulative), whichever is less;
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Ontario Development Code Page 4.02-13 (Rev. 01.16.202412.03.2024) m. The relocation (move-on) of a building within any zoning district; n. The addition of dwelling units to a multiple-family residential development project, when such addition would result in 3 or more dwelling units on a single lot after the addition;
o. An addition to a previously developed site within a commercial zoning district, when such addition would exceed 25 percent of the original structure GFA or 2,000 SF (cumulative), whichever is less;
p. An addition to a previously developed site within an industrial zoning district, when such addition would exceed 25 percent of the original structure GFA or 10,000 SF (cumulative), whichever is less;
q. A Tier 2 or Tier 3 wireless telecommunications facility pursuant to Section
5.03.420 (Wireless Telecommunications Facilities) of this Development Code; and r. Other projects, which, in the opinion of the Planning Director, require such level of review prior to issuance of a building permit, due to the size, nature and/or complexity of the project, or because the project could cause significant environmental impacts or generate significant neighborhood opposition or controversy.
3. A Development Plan shall remain in effect for the life of the affected development project, which shall be developed and maintained in substantial conformance with the plans as approved by the Approving Authority and shall be maintained on file with the City.
C. Application Filing, Processing and Hearing. A Development Plan application, except for wireless telecommunications facilities in the public right-of-way and facilities qualifying as Eligible Facilities Requests (EFRs), shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Applications to install wireless telecommunications facilities in the public right-of-way and for facilities qualifying as EFRs shall be filed and processed pursuant to the following:
1. Scope. There shall be a type of permit entitled a "Wireless Permit," which shall be subject to all of the requirements of this Section. Unless exempted, every person who desires to place a wireless telecommunications facility in the public right-of-way, modify an existing wireless telecommunications facility in the public right-of-way, or perform work as part of an EFR must obtain a Wireless Permit authorizing the placement or modification in accordance with this Section. Except for small cell facilities, facilities qualifying as EFRs, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless telecommunications facilities shall be permitted pursuant to this Section.
2. Approving Authority. The Zoning Administrator is the approving authority for wireless telecommunications facilities in the public right-of-way and facilities qualifying as EFRs.
3. Application Submittal. Applications shall be submitted on a City application form issued and amended, from time-to-time, by the Zoning Administrator.
4. Review and Action.
a. The Zoning Administrator shall review the application and then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall 4990
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(Rev. 01.16.202412.03.2024) Page 4.02-14 Ontario Development Code be final and conclusive in the absence of an appeal filed pursuant to Paragraph C.5 (Appeals), below.
b. The wireless regulations and decisions on applications for placement of wireless telecommunications facilities in the public right-of-way and facilities qualifying as EFRs shall, at a minimum, ensure that the requirements of this Section are satisfied, unless it is determined that Applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Development Code may be waived by the Zoning Administrator, but only to the minimum extent required to avoid the prohibition or violation.
c. There will be no public hearings.
5. Appeals. The Applicant may appeal the decision to the Planning Commission, which may decide the issue de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility. Where the Zoning Administrator grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the Planning Commission. All appeals must be filed within 2 business days of the written decision of the Zoning Administrator, unless the Zoning Administrator extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
D. Findings and Decision. A Development Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. Findings 1-4 do not apply to applications for wireless telecommunications facilities in the public right-of-way or facilities qualifying as EFRs, which are subject to the findings set forth by Paragraph 5, below.
1. The proposed development at the proposed location is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed development is compatible with those on adjoining sites in relation to location of buildings, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located;
3. The proposed development will complement and/or improve upon the quality of existing development in the vicinity of the project and the minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project;
4. The proposed development is consistent with the development standards and design guidelines set forth in the Development Code, or applicable specific plan or planned unit development.
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5. Required findings for wireless telecommunications facilities in the public right-ofway and facilities qualifying as EFRs are as follows:
a. Except for EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1) The facility is not detrimental to the public health, safety, and welfare;
(2) The facility complies with this Development Code and all applicable design and development standards; and
(3) The facility meets applicable requirements and standards of state and federal law.
b. For EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1) That the application qualifies as an eligible facilities request; and (2) That the proposed facility will comply with all generally applicable laws.
E. Conditions of Approval.
1. In approving a Development Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. Conditions of approval imposed upon a Development Plan approval may include, but is not limited to, provisions concerning building height, bulk or mass; setbacks; lot coverage; lighting; private and common open space, and/or recreation amenities; screening, including garages, trash receptacles, mechanical and roof-mounted equipment and appurtenances; landscaping; walls and fences; vehicular parking, access and circulation; pedestrian circulation; on-site security; grading; street dedication and improvements (public and private); on and off-site public improvements (public and private) necessary to service the proposed development; project timing/phasing; loading and outdoor storage; architectural treatment; signage; vehicular trip reduction; graffiti removal; sound attenuation; reparation and recordation of covenants, conditions and restrictions, mutual access agreements, maintenance agreements and other similar agreements; property disclosure pursuant to BPC Section 11000 et seq.; and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.
3. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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(Rev. 01.16.202412.03.2024) Page 4.02-16 Ontario Development Code F. Development Plan Modifications/Revisions.
1. Development Plans and/or their conditions of approval may be modified/revised upon application by a project applicant or property owner if different from the applicant. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Development Plan, following the procedures set forth in this Section for Development Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.030: Extensions of Legal Nonconforming Status
A. Purpose. The purpose of this Section is to establish a process whereby the date that a legal nonconforming use would lose its legal nonconforming status pursuant to Section 3.01.015 (Nonconforming Land Use) of this Development Code, may be extended to allow additional time to complete the sale of the affected property or structure, secure tenants for the affected property or structure, and/or obtain necessary permits or the completion of necessary improvements.
B. Applicability. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Extension of Legal Nonconforming Status application, and to impose reasonable conditions upon the approval of the application.
1. The submittal of an application requesting an Extension of Legal Nonconforming Status shall automatically extend the legal nonconforming status of a land use or structure for an initial period of 60 days to allow for the processing of the request pursuant to the procedures prescribed by this Section. The Zoning Administrator may then approve an additional 120-day extension, for a total of 180 days.
2. If due to unforeseen circumstances, a property/structure owner is unable to complete the sale of the affected property, secure necessary tenants for the property or structure, and/or obtain necessary permits and complete all necessary tenant improvements to allow for occupancy of the affected property or structure within the period established by Subsection B.2, above, (180 days), the Approving Authority may grant additional extensions, not to exceed a total of one-year.
C. Application Filing, Processing and Hearing. An Extension of Legal Nonconforming Status application shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. 4993
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Ontario Development Code Page 4.02-17 (Rev. 01.16.202412.03.2024) D. Findings and Decision. An Extension of Legal Nonconforming Status shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and comments and testimony provided by the public, only after considering and clearly establishing all of the below-listed findings, and giving reasons in support of each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The applicant has made a good faith effort to keep the nonconforming status;
2. A physical and/or economic hardship has prevented the nonconforming use from being reestablished prior to the expiration date;
3. Approving the extension will not adversely affect the character, integrity, or value of surrounding properties;
4. Approving the extension will not adversely affect the character, integrity, or general welfare of the neighborhood; and
5. The extension will not adversely impact the public health, safety, or welfare of the City's residents.
E. Conditions of Approval.
1. In approving an Extension of Legal Nonconforming Status, the Approving Authority, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
4.02.040: Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
A. Purpose. The purpose of this Section is to establish procedures by which Local Historic Landmarks and Districts, Historic Resource Tiering, and Architectural Conservation Areas may be designated
B. Applicability.
1. Designation of Historic Landmarks and Districts, Historic Resource Tiering and Architectural Conservation Areas. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Historic Landmark and District Designations, Historic Resource Tiering and Architectural Conservation Areas application. 4994
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2. Local Landmark Designation. A historic resource may be designated an "historic landmark" by the City if it meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
a . The historic resource exemplifies or reflects special elements of the City's history;
b . The historic resource is identified with persons or events significant in local, state, or national history;
c . The historic resource is representative of the work of a notable builder, designer, architect, or artist;
d . The historic resource embodies distinguishing architectural characteristics of a style, type, period, or method of construction;
e . The historic resource is a noteworthy example of the use of indigenous materials or craftsmanship;
f . The historic resource embodies elements that represent a significant structural, engineering, or architectural achievement or innovation; g . The historic resource has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community, or the City;
h . The historic resource is one of the few remaining examples in the City, region, state or nation, possessing distinguishing characteristics of an architectural or historical type or specimen: or
i. The historic resource has yielded, or is likely to yield, information important to the City's history or prehistory.
3 . Local Historic District Designation. A neighborhood or area listed as a historic resource may be designated a "Local Historic District" by the City if the neighborhood meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
a. The historic resource is a geographically definable area possessing a concentration of historic resources or a thematically related grouping of structures that contribute to each other and are unified by plan, style, or physical development, and embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values;
b. The historic resource reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design, or community planning; c. The historic resource is associated with, or the contributing resources are unified by, events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; or 4995
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Ontario Development Code Page 4.02-19 (Rev. 01.16.202412.03.2024) d. The historic resource is, or the contributing resources are, associated with the lives of persons important to the City, State or National history.
4. Additional Historic Resource Evaluation Criteria. In addition to the "significance," criteria established in Paragraph B.2 (Local Landmark Designation) and Paragraph B.3 (Local Historic District Designation) of this Section, historic resources must have "integrity" for the time in which they are "significant." The period of "significance" is the date or span of time within which significant events transpired or significant individuals made their important contributions. The term "integrity" means the authenticity of a historical resource's physical identity, as evidenced by the survival of characteristics or historic or prehistoric fabric that existed during the resource's period of significance. Only after significance has been established, should the issue of integrity be addressed. The following criteria should be considered when evaluating properties for integrity:
a. Design. Any alterations to the property should not have adversely affected the character defining features of the property. Alterations to a resource or changes in its use over time may have historic, cultural or architectural significance. b. Setting. Changes in the immediate surroundings of the property (e.g., buildings, land use and topography) should not have adversely affected the character of the property.
c. Materials and Workmanship. Any original materials should be retained, or if they have been removed or altered, replacements have been made that are compatible with the original materials.
d. Location. The relationship between a property and its location is an important component in determining integrity. The place where the property was built and where historic events occurred is often important to understanding why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in a few cases, the relationship between a property and its historic associations is destroyed if the property is moved.
e. Feeling. The term "feeling" means a property's expression of the aesthetic or historic sense of a particular period. It results from the presence of physical features that, taken together, convey the property's historic character. For example, a rural historic district, such as the Guasti Winery, retaining original design, materials, workmanship and setting, will relate the feeling of agricultural life in the 19th century.
f. Association. The term "association" means the direct link between an important historic event or person, and a historic property. A property retains its association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like "feeling," association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War battlefield, whose natural and manmade elements have remained intact since the 18th century, will retain its quality of "association" with the battle.
Because "feeling" and "association" depend upon individual perceptions, their retention alone is never sufficient to support eligibility. Historic resources must retain enough of their historic or prehistoric character or appearance to be recognizable as historic resources, and to convey the reasons for their significance.
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(Rev. 01.16.202412.03.2024) Page 4.02-20 Ontario Development Code C. Application Filing, Processing, and Hearing. Historic Preservation—Historic Landmark and Historic District Designation applications shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Section.
All eligible historic resources nominated for designation as a Landmark or a Historic District shall be evaluated, processed, and designated a Tier pursuant to Subsection G (Historic Resource Tiering System) of this Section, concurrently with the application for landmark or historic district designation.
D. Local Historic Landmark and District Designation Application Findings and Decision.
1. Within the 30-day period following acceptance of a Historic Preservation—Historic Landmark and District Designations application as complete pursuant to the applicable provisions contained in Section 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Advisory Authority shall make a preliminary determination as to whether the requested Local Historic Landmark or Local Historic District designation is appropriate, based upon the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section. If it is determined that the proposed resource merits further consideration, the application shall be forwarded to the subsequent Advisory Authority. If the proposed resource does not merit further consideration due to failure of the property to meet the applicable designation criteria, the application shall be denied.
2. Upon receipt of the Advisory Authority's recommendation, the subsequent Advisory Authority shall make a recommendation to the Approving Authority to grant or deny a Historic Preservation—Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department's written report, after considering and clearly establishing the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion.
3. The Approving Authority may grant or deny a Historic Preservation—Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department's written report, after considering and clearly establishing the applicable designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion.
E. Permits. No building, alteration, demolition, or removal permits for any proposed Local Landmark or Local Historic District shall be issued after a Historic Preservation—Landmark or District Designation application has been filed with the Planning Department, until such time that any public hearing or appeal proceedings regarding the application have been completed.
F. Automatic Designations.
1 . Any property listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic Landmark. 2 . Any neighborhood or area listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic District.
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Ontario Development Code Page 4.02-21 (Rev. 01.16.202412.03.2024) 3 . Any property identified as a contributing structure to a historic district listed on the National Register of Historic Places or the California Register of Historic Resources shall be considered a contributing structure within the historic district.
G. Historic Resource Tiering System. The Historic Preservation Commission shall be responsible for the adoption of the Historic Resource Tier Designation List, which shall be maintained by the Historic Preservation Subcommittee. A historic resource may be designated "Tier I, Tier II, or Tier III" by the Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code, to establish a ranking of historic resources within the City, based upon the determined significance of each resource, as specified below. For the purpose of this Section, upon determining the appropriate tier designation for a historic district, the Approving Authority may rank all contributing structures within that district into the same tier designation. Tier I, II and III historic resources shall be judged based upon their determined degree of significance, pursuant to the criteria contained in Subsection H (Historic Resource Tiering Criteria) of this Section.
1. Tier I. Tier I consists of historic resources that should not be demolished or significantly altered under any circumstances, regardless of their designation status. Resources within this tier are determined to be the City's most significant historical or cultural resources. Tier I resources shall meet one or more of the following:
a. A resource listed on the Ontario Register that meets at least one of the criteria within the Architecture/Form category, and 3 criteria within the History category, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or b. A contributing resource within a district that meets at least one of the criteria within the Architecture/Form Category and 3 criteria within the History Category as listed below.
2. Tier II. Tier II consists of historic resources wherein demolition of these properties should be avoided. Tier II resources shall meet one or more of the following:
a. Any historic resource listed or determined eligible for listing in the National Register of Historic Places;
b. Any historic resource listed or determined eligible for listing in the California Register of Historic Resources;
c. A historic resource listed on the Ontario Register and meets at least 2 criteria within the Architecture/Form or History categories, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or
d. A contributing resource within an eligible historic district wherein the district meets at least 2 of the criteria in either the Architecture/Form or History categories as listed in Subsection H (Historic Resource Tiering Criteria) of this Section.
3. Tier III. Tier III consists of historic resources that are Designated Local Historic Landmarks, are contributing properties within Designated Local Historic Districts, or are eligible historic resources. Demolition of these resources should be avoided where possible but may be appropriate under certain circumstances.
H. Historic Resource Tiering Criteria. The following listing contains criteria to be used in determining the Tier designation of a historic resource:
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1. Local Historic Landmark.
a. Architecture/Form.
(1) The resource is prototypical, or one of the finest examples, of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or
(2) The resource is the first, last, only, or one of the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
b. History.
(1) The resource is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation; (2) The resource is associated with a business, company, or individual that has made a significant cultural, social, or scientific contribution to the City, State, or Nation; (3) The resource is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation; (4) The resource embodies the ideals or principles of the "Model Colony" or furthers the ideals or principals established by the Chaffey Brothers; (5) The resource has a direct relationship to one of the principal historic contexts in the City's history, including the "Model Colony," (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry;
(6) The resource is related with a business, company, or individual significant in the agricultural history of the City; or (7) The resource is related to the archeological past of the region.
2. Local Historic Districts.
a. Architecture/Form.
(1) The district contains resources that are a prototype of, or one of the finest examples of, or the first, last, only, or few remaining groupings of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or (2) The district contains resources that are the first, last, only, or the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
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Ontario Development Code Page 4.02-23 (Rev. 01.16.202412.03.2024) b. History.
(1) The district is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation; (2) The district is associated with a business, company, or individual that has made a significant, cultural, social, or scientific contribution to the City, State, or Nation; (3) The district is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation; (4) The district embodies the ideals or principles of the "Model Colony," or furthers the ideals or principals established by the Chaffey Brothers; (5) The district has a direct relationship to one of the principal historic contexts in the City's history, including the "Model Colony," (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry, or the citrus industry; or (6) The district is related with a business, company, or individual significant in the agricultural history of the City.
I. Architectural Conservation Area. An area may be designated an "Architectural Conservation Area" by the Approving Authority if the area meets any one of the below-listed criteria; however, these criteria do not evaluate for historic significance. As a result, properties within Architectural Conservation Areas are not qualified for historic landmark or historic district consideration. The criteria for establishing an Architectural Conservation Area are as follows:
1. The area is geographically definable and conveys a sense of architectural cohesiveness through its design, setting, materials, workmanship, or association; or
2. The area reflects significant geographical patterns, including those associated with different areas of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design or community planning, or represents established and familiar visual features in the community.
3. Alternately, an area may be designated an Architectural Conservation Area by the City if a conservation plan has been prepared pursuant to Section 4.02.055 (Historic Preservation—Conservation Plans), outlining the character defining features of the neighborhood and appropriate design guidelines that will maintain the character of the neighborhood.
4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource A. Purpose. The purpose of this Section is to establish a process by which a historic resource may rescind or amend its assigned status, including a Local Landmark or Local District Designation, a Tier Designation, an Eligibility Determination, or an Architectural Conservation Area.
B. Applicability. The Approving Authority for the original application type, pursuant to Table
2.02-1 (Review Matrix) of this Development Code, is hereby empowered to approve, approve in modified form, or deny a request to rescind or amend the assigned status of a Local Historic 5000
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C. Addition to the Ontario Register. Any property or grouping of properties surveyed at the intensive level pursuant to standards established by the California Office of Historic Preservation, and determined to meet the designation criteria for local historic landmarks or local historic districts set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Development Code, shall be determined by the Approving Authority to be an "eligible" historic resource.
D. Removal of Eligible or Nominated Historic Resources from the Ontario Register. An eligible historic resource or a nominated historic resource may be removed from the Ontario Register, as follows:
1. Any historic resource listed on the Ontario Register may be removed by the Approving Authority if the resource has lost all historic and/or cultural significance due to a catastrophe causing a loss of integrity, or the resource has lost all historical and/or cultural significance due to extensive legally performed alteration(s), which has caused a loss of integrity after the property was initially surveyed.
2. Any historic resource listed on the Ontario Register may be removed by the Approving Authority upon reevaluation of the resource at the request of the property owner, or upon initiation by the City, if the most recently prepared Historic Resource Survey evaluating the resource is more than 5 years old.
3. The Historic Preservation Subcommittee shall evaluate a historic resource utilizing the designation criteria set forth in Paragraph 4.02.040.B.2 (Local Landmark Designation) of this Division. Furthermore, when a historic resource is located within an eligible local historic district, the area or neighborhood shall also be evaluated using the designation criteria set forth in Paragraph
4.02.040.B.3 (Local Historic District Designation) of this Division, and shall be evaluated to determine if it contributes to the significance of the district. The Approving Authority may retain a noncontributing property within a proposed or potential historic district.
4. Any reevaluation of a property shall be valid for a 5-year period.
E. Amending or Rescinding a Local Landmark, Local Historic District, or a Tier Designation from the Ontario Register. A local landmark, local historic district, or a tier designation may be amended or rescinded from the Ontario Register, if:
1. It is discovered that the information relied upon by the Advisory Authority and/or Approving Authority in making the original designation, was erroneous or false;
2. New information compromises the significance of a historic resource;
3. The historic resource has been demolished, relocated, or removed; or
4. The historic resource has been rendered ineligible for designation due to a catastrophic event, beyond the owner's control, which has destroyed the resource to the point where it is considered a hazard to the public health and safety, and the restoration of the resource is not feasible.
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4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources
A. Purpose. The purpose of this Section is to establish a process to ensure that any alteration to, or demolition of, an eligible or designated historic resource within the City is in keeping with the historic character of the resource.
B. Applicability.
1 . The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Certificate of Appropriateness application, and to impose reasonable conditions upon the approval of the application.
2 . A Certificate of Appropriateness shall be required for any:
a . Alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource. Certificate of Appropriateness approval shall be required even if the City requires no other permits; b . For any work to the exterior of any noncontributing resource in a Historic District or on a historic property. A reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility; c . Infill development within a historic district or on a historic property; and d. Any demolition, whether in whole or in part, of a historic resource or a noncontributor within a designated historic district in conjunction with a demolition application. 3 . No permit shall be issued for work on a historic resource until a Certificate of Appropriateness or Waiver has been issued in accordance with the provisions of this Division. 4 . Once a Certificate of Appropriateness has been issued, the Planning Department, from time to time, shall inspect the work to ensure that it is being carried-out in compliance with the approved Certificate of Appropriateness and shall issue a Certificate of Completion prior to any final inspection or occupancy by any City Department to ensure the work has been satisfactorily completed.
C. Application Filing, Processing and Hearing. A Historic Preservation—Certificate of Appropriateness application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section, except as follows:
1. Determination of Significance.
a. Upon acceptance of a Historic Preservation—Certificate of Appropriateness application as complete for processing pursuant to Subsection 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Historic Preservation Subcommittee shall evaluate the affected historic resource for significance, which shall include a review conducted by the Planning Department consisting of an evaluation of the resource's eligibility for listing on the National Register of Historic Places, the California Register of Historic 5002
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(Rev. 01.16.202412.03.2024) Page 4.02-26 Ontario Development Code Resources, or the Ontario Register. The review may also include the preparation of a Historic Resource Survey, at the intensive level, pursuant to the standards set forth by the California Office of Historic Preservation.
b. A historic resource that does not meet the criteria for designation set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, and not located within a designated, proposed, or potential district, shall be removed from the Ontario Register and the Certificate of Appropriateness shall be deemed approved. A resource that meets the designation criteria set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, shall be further processed pursuant to this Section.
2. Environmental Review.
a. Upon determination that a historic resource is "significant," an environmental review shall be conducted pursuant to Section 2.02.020 (Environmental Review) of this Development Code; however, in determining the appropriate level of review for the demolition of a historic resource, the tiering system established pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division shall be utilized. b. Any historic resource proposed for demolition, which is determined to be within Tier III pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division, shall require preparation of an Addendum to The Ontario Plan Environmental Impact Report pursuant to the requirements of CEQA and the implementing guidelines, and City's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications. c. Any historic resource proposed for demolition, which is determined to be within Tier I or Tier II pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division, shall require preparation and certification of an Environmental Impact Report pursuant to the requirements of CEQA and the implementing guidelines, and City's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications.
3. Hearing. Each Advisory or Approving Authority shall hold at least one hearing on the application, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.
4. Advisory Authority Review and Recommendation. Following completion of all required environmental review pursuant to Paragraph C.2 (Environmental Review) of this Subsection, the Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form or deny the application. The Advisory Authority's recommendation shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority, within 60 days following the date the decision was rendered.
The 60-day time limit may be extended by mutual agreement of the applicant and City.
5. Approving Authority Review and Action.
a. Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, conditionally approve, or deny the application, either in whole or in part.
The action of the Approving Authority shall be by written decision, setting forth the basis for the 5003
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Ontario Development Code Page 4.02-27 (Rev. 01.16.202412.03.2024) action and shall include all applicable findings prescribed by Subsection D (Findings and Decision), below.
b. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
D. Findings and Decision.
1. Designated Historic Landmarks, Contributors, and Non-Contributors and Eligible Historic Resources.
a. A Historic Preservation—Certificate of Appropriateness application for Designated Historic Landmarks and Contributors, or Eligible Historic Resources, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established. (1) The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect any significant architectural feature of the resource;
(2) The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect the historic character or value of the resource;
(3) The proposed alteration, restoration, relocation, or construction will be compatible with the exterior character-defining features of the historic resource; and (4) The proposed alteration, restoration, relocation, or construction will not adversely affect or detract from the character of the historic district.
2. Demolition of Historic Resources.
a. A Historic Preservation—Certificate of Appropriateness and Demolition application for the Demolition Of Historic Resources shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. (1) The proposed demolition is necessary because all efforts to restore, rehabilitate, and/or relocate the resource have been exhausted; (2) The proposed demolition is necessary because
restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation;
(3) The proposed demolition is necessary because failure to demolish the resource would adversely affect or detract from the character of the District; and 5004
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(Rev. 01.16.202412.03.2024) Page 4.02-28 Ontario Development Code (4) The resource proposed to be demolished has been assigned a Tier III designation.
3. Instances Wherein Findings Are Not Required. The Approving Authority may act upon Historic Preservation—Certificate of Appropriateness and/or Demolition applications for Tier I and Tier II historic resources that are designated historic landmark contributors and noncontributors to historic districts, or eligible historic resources , without making the findings contained in Paragraph D.1 (Designated Historic Landmarks, Contributors, and Non-Contributors and Eligible Historic Resources) or Paragraph D.2 (Demolition of Historic Resources) of this Subsection, if a Historic Preservation—Certificate of Economic Hardship has been granted pursuant to Section 4.02.055 (Historic Preservation—Certificates of Economic Hardship) of this Division.
E. Conditions of Approval.
1. In approving Historic Preservation—Certificate of Appropriateness and/or Demolition applications, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
3. In approving Historic Preservation—Certificate of Appropriateness and/or Demolition applications, the following conditions of approval shall be imposed, and shall be completed prior to commencing any demolition work:
a. Each historic resource shall be fully documented and cataloged pursuant to Historic American Building Survey/Historic American Engineering Record (HABS/HAER) standards, to provide a record of the resource, including, but not limited to: [i] the preparation of site plans, floor plans, exterior and interior elevations, and detail drawings of character defining features (such as moldings, stairs, etc.); and [ii] photographs of the resource, including the exterior, interior, and interior and exterior character defining features (such as moldings, light fixtures, trim patterns, etc.).
b. A mitigation fee established pursuant to Section 7.01.025 (Historic Preservation Mitigation Fee) shall be paid to the City prior to the issuance of a demolition permit for Tier III historic resources. Fees for Tier I and II historic resources shall be determined during the Environmental Impact Report process. The fees established for Tier III will be used as a reference point for establishing fees for Tier I and II historic resources. c. A Certificate of Appropriateness shall not be issued for the demolition of an historic resource, either in whole or in part, until such time that a demolition permit application and a replacement structure has been approved by the City, and appropriate permits have been issued for its construction, unless: [i] a waiver is granted pursuant to Subsection H (Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts) of this Section; [ii] a deferral of the replacement structure requirement is granted pursuant to Subsection G 5005
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Ontario Development Code Page 4.02-29 (Rev. 01.16.202412.03.2024) (Replacement Structure Deferral) of this Section; or [iii] demolition is required pursuant to Section
7.01.050 (Unsafe or Dangerous Conditions) of this Development Code. d. In an effort to preserve features and artifacts from historic resources, a determination whether items within or on the resource should be salvaged must be made by the Planning Department and may include the local historical society prior to the issuance of the demolition permit. The applicant shall be responsible for the removal, relocation, storage, and donation of such items selected for salvaging. The applicant shall provide an inventory of salvaged items to the Planning Department, and shall include a list of each item name, description and dimension (as necessary), and the location of each item on a floor plan.
F. Certificate of Appropriateness Waivers. The Approving Authority may waive the requirement for Certificate of Appropriateness approval for certain alterations, restorations, rehabilitations, remodeling, repainting, resurfacing, and additions to historic resources, as follows:
1. A waiver may be issued for work that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the guidelines set forth in Division 7.01 (Historic Preservation) of this Development Code.
2. A waiver may be issued for minor alterations to historic resources, provided no change in appearance occurs or the proposed change restores period features, including but not limited to, chimneys; fences and walls, including construction, demolition, or alteration of side, rear and front yard fences and walls; foundations; landscaping, unless the Landmark designation specifically identifies the landscape, layout, features or elements as having particular historical, architectural or cultural merit; roofing, provided a 30 year dimensional shingle, or an aesthetically equivalent dimensional shingle is used, and the replacement shingle must maintain the architectural character of the historic resource in terms of scale, pattern, texture, and coloration; and signage, including directional, monument, wall and window signs.
3. A waiver may be issued for the construction of residential accessory structures and additions less than 650 SF in area or 50 percent of the existing original historic building area, whichever is less, to historic resources that are not visible from a public right-of-way, excluding public alleys.
G. Replacement Structure Deferral. The Approving Authority may defer the obligation to construct replacement structures as a requirement for approval of the demolition of a historic resource, if the ultimate project proposed for the site of the demolition provides an exceptional benefit to the community.
1. Findings. A Replacement Structure Deferral shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and any public testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established. a. The demolition is necessary to allow the acquisition and assembly of land for a future redevelopment or housing project within a redevelopment project area; b. The future project will provide exceptional benefits to the City with respect to employment, fiscal, social, housing and economic needs of the community, or will provide new 5006
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(Rev. 01.16.202412.03.2024) Page 4.02-30 Ontario Development Code public facilities that are needed by the City (such as off-site improvements, parks, open space, recreation, or other community facilities, not including parking lots); and c. Failure to demolish the historic structures could hinder the ability of the City to revitalize or redevelop a blighted lot or area of the City or meet housing production requirements.
2. Condition of Approval. In granting a deferral of the replacement structure requirement, the Approving Authority shall impose a condition of approval requiring any new project on the subject site to be designed pursuant to the infill development guidelines listed in Subsection I (Infill Development Guidelines) of this Section, to insure compatibility with the surrounding area or neighborhood. The Historic Preservation Subcommittee shall make a recommendation to the Approving Authority for the replacement structure regarding compliance with the infill development guidelines.
H. Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts. The Approving Authority may waive the obligation to construct replacement structures as a requirement for approval of the demolition of a Tier III Historic Resource, if the site is located in an Industrial Zone. The waiver shall be acted on based upon the information provided in the submitted application, after considering and clearly establishing all of the below-listed findings and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The Tier III Historic Resource is a residential building located in an Industrial Zoning District;
2. Approving the deferral will not adversely affect the character, integrity, general welfare of the surrounding neighborhood, residents, and adjacent properties;
3. Conversion and/or rehabilitation of the residential home is not economically feasible, demonstrated through market analysis, construction costs, structural reports, property and building conditions assessments, and/or any other study/report deemed necessary by the Planning Director;
I. Infill Development Guidelines. The following infill development guidelines shall be incorporated into the design of all new structures proposed within a designated, proposed, or potential Historic District, or on a historic property, pursuant to this Division:
1. New buildings, structures, or improvements constructed within a historic district shall be designed to be compatible with the architectural style, features, and historic character of the district.
2. New buildings shall be compatible with the original style of the contributing buildings within a historic district. The design of the new building shall incorporate the following considerations:
a. The design shall incorporate the design features and details of contributing structures;
b. The height, width, and length of the new building shall be consistent with the original characteristic of the contributing structures; and 5007
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Ontario Development Code Page 4.02-31 (Rev. 01.16.202412.03.2024) c. The exterior materials and treatment shall be similar to the contributing structures.
3. New buildings, structures, and/or improvements constructed on a historic property shall be designed to be compatible with the architectural style and features of contributing historic buildings located on the historic property.
4. New buildings shall be compatible with the original architectural style of the contributing historic buildings on the historic property. The design of the new building shall incorporate the following considerations:
a. The design shall incorporate the design features and details of the historic structure;
b. The height, width, and length of the new building shall be consistent with the original characteristic of the historic building; and c. The exterior materials and treatment shall be similar to the historic building.
J. Certificate of Appropriateness Modification/Revision.
1. Historic Preservation—Certificates of Appropriateness and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation—Certificate of Appropriateness, following the procedures set forth in this Section for Historic Preservation— Certificate of Appropriateness approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.055: Historic Preservation—Certificates of Economic Hardship A. Purpose. The purpose of this Section is to establish a process to ensure that denial of a Certificate of Appropriateness and/or a Demolition Application does not create any undue hardship upon the owner of a Tier I or Tier II historic resource.
B. Applicability.
1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Certificate of Economic Hardship application. 5008
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2. A Certificate of Economic Hardship may be filed concurrently with a Certificate of Appropriateness and/or Demolition Application in cases where the alteration, restoration, rehabilitation, remodel, addition to a historic resource, or demolition, partially or in whole, in compliance with the Certificate of Appropriateness and/or Demolition Application, would cause an immediate and substantial financial hardship. Furthermore, the denial of the Certificate of Appropriateness and/or Demolition Application would deny the property owner all reasonable beneficial use of, or return on, the property.
3. No action shall be taken to demolish or otherwise alter the historic resource for a period of 14 days following the issuance of a Certificate of Economic Hardship.
C. Application Filing, Processing and Hearing. A Historic Preservation—Certificate of Economic Hardship application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Historic Preservation—Certificate of Economic Hardship application shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. Denial of the application will diminish the value of the subject property so as to leave substantially no value;
2. Sale or rental of the property is impractical, when compared to the cost of holding the property for uses permitted in the underlying zoning district;
3. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
4. Rental at a reasonable rate of return is not feasible;
5. Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community, and
6. All means involving City sponsored incentives, such as a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements, have been explored to relieve possible economic disincentives.
4.02.060: Historic Preservation—Conservation Plans
A. Purpose. The purpose of this Section is to establish a process to expedite the review process for project areas in which numerous historic resources within a single project area would require the issuance of multiple Certificates of Appropriateness for proposed work to those Historic Resources.
B. Applicability. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny 5009
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Ontario Development Code Page 4.02-33 (Rev. 01.16.202412.03.2024) a Historic Preservation—Conservation Plan application and to impose reasonable conditions upon the approval of the application.
C. Application Filing, Processing and Hearing. A Historic Preservation—Conservation Plan application shall be filed, processed, and acted upon pursuant to the requirements for Historic Preservation—Certificates of Appropriateness, contained in Section 4.02.050 (Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources) of this Development Code, and the provisions of this Section.
D. Findings and Decision. A Historic Preservation—Conservation Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect any significant architectural feature of Historic Resources;
2. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect the historic character or value of Historic Resources;
3. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will be compatible with the exterior features of other improvements within the plan area; and
4. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not adversely affect or detract from the character of the plan area.
E. Conditions of Approval.
1. In approving a Historic Preservation—Conservation Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
F. Conservation Plan Modification/Revision.
1. Historic Preservation—Conservation Plans and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing). 5010
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2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Zoning Administrator, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation—Conservation Plan, following the procedures set forth in this Section for Historic Preservation—Conservation Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.065: Historic Preservation—Mills Act Contracts
A. Purpose. The purpose of this Section is to establish a process by which economic incentives may be provided for the preservation of a designated historic landmark or contributing structure within a designated historic district.
B. Applicability.
1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Mills Act Contract (Contract) application.
2. Pursuant to GC Section 50280, et seq., the owner(s) of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, may request to enter into a Mills Act Contract with the City.
C. Application Filing, Processing and Hearing.
1. Historic Preservation—Mills Act Contract applications shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
2. The owner shall furnish the Approving Authority with any information the Approving Authority shall require in order to enable it to determine the eligibility of the property involved.
D. Findings and Decision.
1. A Historic Preservation—Mills Act Contract shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing [i] the eligibility of the property involved, [ii] the appropriateness and sequencing of the improvements proposed, and [iii] the fiscal benefits derived from those improvements.
2. No later than 20 days after the City enters into a Mills Act Contract with an owner pursuant to this Section, the City Clerk shall record a copy of the Contract with the county recorder, which shall fully describe the affected property. 5011
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Ontario Development Code Page 4.02-35 (Rev. 01.16.202412.03.2024) E. Required Contract Provisions. Pursuant to GC Section 50281, any Mills Act Contract entered into under this Section shall contain the following provisions:
1. The term of the Contract shall be for a minimum period of 10 years.
2. Where applicable, the Contract shall provide for the following:
a. The preservation of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code; b. The periodic examinations of the interior and exterior of the premises by the City, San Bernardino County Assessor, the Department of Parks and Recreation, and the State Board of Equalization, as may be necessary to determine the owner's compliance with the Contract; and
c. The Contract shall be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the Contract as the original owner who entered into the Contract.
F. Term of Contract. Each Mills Act Contract shall provide that on the anniversary date of the Contract, or other annual date specified in the Contract, a year shall be automatically added to the initial term of the Contract unless notice of nonrenewal is given pursuant to Subsection G (Contract Nonrenewal), below. If the property owner or the Approving Authority desires within any year not to renew the Contract, that party shall serve written notice of nonrenewal of the Contract on the other party in advance of the annual renewal date of the Contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the Approving Authority at least 60 days prior to the renewal date, one year shall be automatically added to the term of the Contract.
G. Contract Nonrenewal.
1. Upon receipt by the owner of a notice of nonrenewal from the Approving Authority, the owner may make a written protest of the notice. The Approving Authority may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
2. If, within any year, the Approving Authority or the owner serves notice of intent not to renew the Contract, the existing Contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the Contract, as applicable.
H. Contract Cancellation.
1. The Approving Authority may cancel a Mills Act Contract if it determines that the owner has breached any of the conditions of the Contract provided for in this Section or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. The Approving Authority may also cancel a Contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the Contract.
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2. A Mills Act Contract shall not be canceled until after the Reviewing Authorities have given notice of, and has held, a public hearing on the matter pursuant to Division 2.03 (Public Hearings) of this Development Code.
3. If a Mills Act Contract is canceled pursuant to Paragraph G.1, above, the owner shall pay a cancellation fee equal to 12.5 percent of the current fair market value of the property, as determined by the county assessor as though the property were free of the contractual restriction.
4. As an alternative to cancellation of a Mills Act Contract for breach of any condition, the City, or any landowner may bring any action in court necessary to enforce a Contract, including, but not limited to, an action to enforce the Contract by specific performance or injunction.
5. In the event that property subject to Mills Act Contract under this Section is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the Approving Authority to frustrate the purpose of the Contract, the Contract shall be canceled and no fee shall be imposed as required under Paragraph G.3, above. Furthermore, the Contract shall be deemed null and void for all purposes of determining the value of the acquired property.
I. Amendment to Work Program. Upon request of the property owner(s), the Planning Director may approve amendments to a Mills Act Contract Work Program, subject to the following:
1. The items listed in the proposed Work Program are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the guidelines set forth in this Development Code;
2. The Work Program shall be completed within the 10-year period following Contract enactment, unless extended by action of the City Council; and
3. The proposed Work Program shall have an equal or greater preservation and monetary value than the previously approved Work Program.
4.02.070: Master Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing official Master Plans of the City, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Applicability.
1. The Approving Authority is hereby empowered to approve, approve in modified form, or deny an official Master Plan of the City, or any amendment thereto, and to impose reasonable conditions upon the Master Plan approval.
2. The Master Plans subject to the provisions of this Section include the following:
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Ontario Development Code Page 4.02-37 (Rev. 01.16.202412.03.2024) a. 5-Year Capital Improvement Program (CIP) Master Plan prepared pursuant to GC Section 66540.32(b)(2)(H);
b. Fiber Optic Master Plan;
c. Parks Master Plan;
d. Citywide Streets Master Plan;
e. Sewer Master Plan;
f. Storm Drain Master Plan;
g. Water/Recycled Water Master Plan.
3. A Master Plan of the City shall be an internally consistent, action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear and concise policy guidance.
C. Application Filing, Processing, and Hearing. The adoption of a Master Plan of the City, or any amendments thereto, carried-out pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision.
1. A Master Plan or amendment thereto, shall be acted upon by the Approving Authority, upon recommendation of the Advisory Authority.
2. The actions of the Approving and Advisory Authorities shall be based upon the evidence presented in the departmental written report and testimony provided during the public hearing, only after considering and clearly establishing that the proposed Master Plan, or any amendment thereto, promotes and/or is consistent with the goals and policies of The Ontario Plan, and giving supporting reasons for the finding. A Master Plan shall be denied if reasons supporting the required finding cannot be clearly established.
E. Conditions of Approval.
1. In approving a Master Plan or any amendment thereto, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
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4.02.075: Sign Programs
A. Purpose. The purpose of this Section is to establish a process whereby a Sign Program may be required to provide coordinated signing within development projects, utilizing common design elements and integrating the design of signs with the building and landscape design, to form a unified architectural statement.
B. Applicability.
1. Within any commercial, mixed-use, industrial, or specialized use or overlay zoning district, a Sign Program shall be submitted for any multi-tenanted building, complex or center, which shall fully comply with Section 8.01.020.F (Sign Programs) of this Development Code.
2. The Approving Authority is hereby empowered to approve, approve in modified form, or deny, either in whole or in part, a Sign Program on the basis of the application, supporting plans and documentation, and evidence submitted by the applicant.
C. Application Filing and Processing. A Sign Program shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, the provisions of this Section, and the requirements of Subsection 8.01.020.F (Sign Programs) of this Development Code.
D. Decision. A Sign Program shall be acted upon only after considering and clearly establishing [i] that the Sign Program is in conformance with the provisions of this Section and Division 8.01 (Sign Regulations) of this Development Code, and [ii] that any deviations from Division
8.01 (Sign Regulations) of this Development Code, as allowed by the Sign Program, are limited only to those set forth in Paragraphs 8.01.020.F.2 and F.3 of this Development Code.
4.02.080: Specific Plan Minor Adjustments/Alterations
A. Purpose. The purpose of this Section is to establish a procedure by which minor departures from the strict application of the development standards and/or design guidelines established by a Specific Plan may be approved, provided the requested departure is in the interest of furthering the goals and policies of the affected Specific Plan and The Ontario Plan.
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/Alterations application, and to impose reasonable conditions upon the approval of the application.
2. The following constitute minor adjustments/alterations, not requiring a Specific Plan Amendment and/or update of the affected specific plan:
a. A net change of not more than 15 percent to the number of units within an individual residential area, provided the total number of units for the entire specific plan area does not exceed that established in the affected specific plan; 5015
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Ontario Development Code Page 4.02-39 (Rev. 01.16.202412.03.2024) b. Adjustment/alteration of a residential planning area boundary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;
c. Minor adjustments/alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan's development standards and design guidelines; d. Minor adjustments/alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation; e. Other adjustments/alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and f. Adjustments/alterations in street alignments and dimensions that are deemed appropriate by the City Engineer, which are in keeping with the purpose and intent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, provided the changes do not impact the sizing of master planned infrastructure.
C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, a Specific Plan Minor Adjustments/Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.
D. Findings and Decision. A Specific Plan Minor Adjustments/Alterations shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The proposed Specific Plan Minor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the specific plan;
2. The proposed Specific Plan Minor Adjustment/Alteration is reasonable and beneficial, and in the interest of good planning practice; and
3. The proposed Specific Plan Minor Adjustment/Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.
4.02.085: Subdivisions—Lot Merger (Merger of Contiguous Parcels) A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.10), pertaining to the merger of contiguous lots under common ownership (Lot Merger).
B. Applicability.
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1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Lot Merger application, and to impose reasonable conditions upon the approval of the application.
2. The City may initiate a Lot Merger if any one of the contiguous lots or units held by the same owner does not conform to standards for minimum lot size applicable to the lots or units of land, and if all of the following requirements are satisfied:
a. At least one of the affected lots is not developed with a structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is only developed with one or more accessory structures, or is developed with a single primary structure that is partially sited on a contiguous lot or unit. b. With respect to any affected lot, one or more of the following conditions exists:
(1) Comprises less than 5,000 SF in area at the time of the determination of merger;
(2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
(3) Does not meet current standards for sewage disposal and domestic water supply;
(4) Does not meet slope stability standards;
(5) Has no legal access that is adequate for vehicular and safety equipment access and maneuverability;
(6) Its development would create health or safety hazards; or (7) Is inconsistent with The Ontario Plan and any applicable area plan, specific plan, or planned unit development (other than minimum lot size or density standards). c. The affected lots, when merged, will not:
(1) Be inconsistent or create a conflict with The Ontario Plan, any applicable Area Plan or Specific Plan, or the provisions of this Development Code; (2) Result in a conflict with the location of any existing structures; (3) Deprive or restrict access to another lot; or
(4) Result in the creation of new lot lines.
3. The City may require the owner of any contiguous lots to initiate the merger of contiguous lots as a condition of any Development Plan or Conditional Use Permit approval.
C. Application Filing, Processing and Hearing. A Lot Merger application shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
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Ontario Development Code Page 4.02-41 (Rev. 01.16.202412.03.2024) D. Notification of Intention to Merge Lots.
1. Prior to merging any contiguous lots, the Planning Director shall mail a Notice of Intention to Merge (“NIM”), which notifies affected property owner(s) that the affected lots may be merged pursuant to the provisions of this Section. The NIM shall be sent by certified mail to the property owner(s) of record at the address(es) shown on the latest available assessment roll of the County of San Bernardino. The NIM shall include a statement that the property owner(s) may request a hearing to present evidence that the proposed Lot Merger does not meet the criteria for a merger. For the purpose of this Section, a property owner is any person holding any portion of title to any affected property.
2. The NIM shall be recorded with the San Bernardino County Recorder on the date that the notice is mailed to all property owners of record.
E. Request for Hearing. Within 30 days following the recordation of the NIM, the owner of the affected property may file a request with the Planning Director, for a hearing regarding the proposed Lot Merger.
F. Procedure for Hearing.
1. Upon receiving a request for a hearing, the Planning Director shall set a time, date, and location for a hearing to be conducted by the Approving Authority, and shall notify the property owner of the time, date, and location of the hearing by certified mail. The hearing shall be conducted not more than 60 days following the City’s receipt of the property owner’s request for hearing but may be postponed by mutual consent of the City and the property owner.
2. During the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for Lot Merger specified by this Section.
3. At the conclusion of the hearing, the Approving Authority shall make a determination as to whether the affected lots should be merged and shall so notify the property owner of its determination.
4. The Approving Authority may approve or deny a Lot Merger on the basis of the application and the presented evidence, after considering and clearly establishing the following findings, and giving specific reasons in support of each finding:
a. The merged lots comply with the appropriate provisions of the Subdivision Map Act and all applicable City requirements for the merging of contiguous lots; and b. The merged lots do not adversely affect the purpose and intent of The Ontario Plan, or the public health, safety, and welfare.
5. If the Approving Authority determines that the affected lots shall be merged, the Planning Director shall cause the Notice of Intention to Merge, specifying the names of the recorded owner(s) and describing the affected real property, to be recorded with the San Bernardino County Recorder within 30 days following conclusion of the hearing.
6. If the Approving Authority determines that the affected lots shall not be merged, the Planning Director shall cause a Release of Notice of Intention to Merge to be recorded with 5018
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(Rev. 01.16.202412.03.2024) Page 4.02-42 Ontario Development Code the San Bernardino County Recorder, and a letter of notification shall be sent by certified mail to the property owner(s) of record.
G. Determination When No Hearing Is Requested. If within the 30 days following the recordation of the NIM specified in Subsection D (Request for Hearing) of this Section, the property owner does not file a request for a hearing, at any time thereafter, the Approving Authority may make a determination whether or not the affected lots are to be merged. A Notice of Intention to Merge shall be recorded as provided for in Paragraph F.5 of this Section, no later than 90 days following the mailing of the NIM.
4.02.090: Subdivisions—Reversions to Acreage
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.30), pertaining to the unmerger of parcels (reversions to acreage).
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Reversion to Acreage application and to impose reasonable conditions upon the approval of the application.
2. Proceedings for Reversion to Acreage may be initiated by the City Council or by petition of all of the property owners of record of the real property within a subdivision.
C. Application Filing, Processing and Hearing. A Reversion to Acreage application (petition by property owners) shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Reversion to Acreage shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.
1. The proposed Reversion to Acreage is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
3. Either:
a. All owners of an interest in the real property within the subdivision have consented to reversion; or
b. None of the improvements required to be made have been made within 2 years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or 5019
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Ontario Development Code Page 4.02-43 (Rev. 01.16.202412.03.2024) c. No lots shown on the final map or parcel map have been sold within 5 years from the date the map was filed for recordation.
E. Conditions of Approval.
1. In approving a Reversion to Acreage request, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s); and ensure compliance with GC Section 66499.17.
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Filing of Parcel Map.
1. A parcel map submitted for the purpose of reverting to acreage shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements that are to be vacated or abandoned, and a parcel map in a form acceptable to the City Engineer, which delineates any streets or easements that are to remain in effect after the reversion.
2. After approval of the reversion by the Approving Authority and City Engineer, the parcel map shall be delivered to the County Recorder. The reversion shall be effective upon the recordation of the parcel map by the County Recorder.
3. The filing of the parcel map shall constitute abandonment of all streets and easements not shown on the parcel map and shall constitute a merger of the separate lots into one lot, and shall thereby be shown as a single lot on the assessment roll of the County Assessor, subject to the provisions of GC Section 66445.
4. Except as provided in GC Section 66445(f), on any parcel map used for reverting acreage, a certificate shall appear, signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.
G. Return of Fees and Deposits, and Release of Securities. Return of fees and deposits, and release of securities shall be in accordance with GC Section 66499.19.
H. Merger and Resubdividing Without Reversion.
1. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by Section 4.02.095 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Division, and the Subdivision Map Act (commencing with GC Section 66410).
2. The filing of the final map or parcel map shall constitute legal merging of the lots into one lot and the resubdivision of the lot, which will thereafter be shown with the new lot boundaries on the assessment roll of the County Assessor. 5020
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3. Any unused fees or deposits pertaining to the resubdivided property shall be credited pro rata towards any of the requirements for the same purposes that are applicable at the time of resubdivision.
4. Any streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map.
5. After approval of the merger and resubdivision by the Approving Authority, the map shall be delivered to the San Bernardino County Recorder. The filing of the map shall constitute legal merger and resubdivision of the affected land and shall constitute abandonment of all public streets or public easements not shown on the map.
4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66410), pertaining to the review, regulation, and control of the design of subdivisions, and to achieve the following:
1. Assist in implementing the Vision, Policy Plan (General Plan) and City Council Priorities components of The Ontario Plan;
2. Encourage orderly development of the City through the regulation and control of the design and improvement of subdivisions, with a proper consideration of its relationship to adjoining areas;
3. Ensure that the areas within a subdivision that are dedicated for public purposes will be properly improved by the subdivider so that they will not become an undue burden on the community;
4. Protect the public and individual transferees of land from fraud and exploitation;
5. Provide lots of sufficient size and appropriate design for the purposes for which they are to be used;
6. Provide streets of adequate capacity and design for the traffic that will utilize them and to ensure maximum safety for pedestrians and vehicles;
7. Provide sidewalks or pedestrian ways where needed for the safety and convenience of pedestrians;
8. Identification and preservation of the cultural resources and natural assets of the City;
9. Prevent the indiscriminate clearing of property and the destruction of desirable landscape features;
10. Ensure adequate access to each building site, and safeguard the public safety and welfare through superior subdivision design;
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11. Provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities necessary to the public health, safety, and convenience;
12. Provide adequate sites for public facilities necessary to serve the residents of the new developments; and
13. Ensure that the costs of providing land for streets, alleys, pedestrian ways, easements, and other rights-of-way, and for the improvements therein needed to serve new developments, are borne by the subdivider rather than by the taxpayers of the City at large.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Tentative Tract Map, Tentative Parcel Map, Vesting Tentative Tract Map, or Vesting Tentative Parcel Map, and to impose reasonable conditions upon the approval of the application pursuant to the provisions of the Subdivision Map Act (commencing with GC Section 66410), Planning and Zoning Law (commencing with GC Section 65000) and the California Environmental Quality Act (commencing with PRC Section 21000).
2. Each proposed parcel map, tract map or vesting parcel or tract map shall be submitted to the City in the form of a tentative map, which shall include an identifying map number issued by the office of the San Bernardino County Surveyor. All tentative maps shall be prepared by a state-licensed land surveyor or state-registered civil engineer authorized to practice land surveying.
C. Application Filing, Processing and Hearing. A Tentative Subdivision Map application shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Tentative Subdivision Map shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.
1. The proposed map is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and applicable area and specific plans, and planned unit developments;
2. The design or improvement of the proposed subdivision is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and applicable specific plans and planned unit developments;
3. The site is physically suitable for the type of development proposed;
4. The site is physically suitable for the proposed density of development; 5022
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5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. The design of the subdivision or type of improvements are not likely to cause serious public health problems; and
7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
E. Conditions of Approval.
1. In approving a Tentative Subdivision Map, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Tentative Map Modification/Revision.
1. Tentative maps and/or their conditions of approval may be modified/revised upon application by the subdivider or property owner if different from the subdivider. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original tentative map approval, do not affect off-site properties and there are no resulting inconsistencies with this Development Code. The following modifications/revisions are considered minor in nature:
a. Modifications/revisions affecting less than 20 percent of the total number of lots in the subdivision, provided there is no increase in the total number of lots within the subdivision; and
b. Any other changes that, in the opinion of the Planning Director and City Engineer, do not involve substantial changes to the map or the conditions of approval, and do not affect surrounding properties.
3. Any other amendment or modification of an approved tentative subdivision map shall be processed as a revised tentative map, following the procedures set forth in this Section for tentative subdivision map approval, except that modification/revision approval shall not alter the original expiration date of the tentative map.
G. Vesting Tentative Maps.
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1. Filing and Processing of Vesting Tentative Maps. A vesting tentative map shall be filed in the same form; shall have the same content, accompanying data and reports; and shall be processed in the same manner described for tentative maps in Subsections A through F of this Section, except as stated below:
2. Development Rights.
a. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in GC Section 66474.2. However, if GC Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
b. Notwithstanding Subparagraph G.2.a of this Section, a permit, approval, extension, or entitlement may be made conditional or may be denied if any of the following are determined:
(1) Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; and/or (2) The condition(s) or denial is required in order to comply with state or federal laws.
c. The provisions of this Subparagraph shall not:
(1) Limit the City from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Paragraph G.1 (Filing and Processing of Vesting Tentative Maps) of this Section; and
(2) Diminish or alter the types of conditions that may be imposed by the City on a development or the City's power to protect against a condition dangerous to the public health or safety.
3. Modifications/Revisions to Vesting Tentative Maps. At any time prior to the expiration of a vesting tentative map, the subdivider, their successor, or their assignee, may apply for a modification to the map. A public hearing shall be held by the Approving Authority on any application involving a modification to the vesting tentative map, or by the development related thereto, following procedures set forth for the modification of tentative maps contained in Subsection F (Tentative Map Modification/Revision) of this Section. Approval of a modification to a vesting tentative map, or development related thereto, shall be evaluated for compliance with the City regulations, standards, and policies in effect at the time the original vesting tentative map was deemed complete.
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Ontario Development Code Page 4.03-1 (Rev. 06.21.202212.03.2024) Division 4.03—Ministerial (Administrative) Permits and Decisions Sections:
4.03.000: Purpose
4.03.005: Applicability
4.03.010: Historic Preservation—Adaptive Reuse Plan
4.03.015: Administrative Use Permits
4.03.020: Sign Plans
4.03.025: Subdivisions—Certificates of Compliance
4.03.030: Subdivisions—Final Maps and Parcel Maps
4.03.035: Subdivisions—Lot Line Adjustments
4.03.040: Subdivisions—Map Corrections and Amendments
4.03.045: Subdivisions—Parcel Map Waiver
4.03.050: Subdivisions—Lot Merger (Merger of Contiguous Parcels)
4.03.0550: Administrative Exceptions
4.03.06055: Fair Housing and Reasonable Accommodations
4.03.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of ministerial (administrative) permits or decisions by the Reviewing Authorities established by Table 2.02-1 (Review Matrix) of this Development Code. Ministerial permits and decisions consist of City actions and determinations that involve little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements.
4.03.005: Applicability
The Reviewing Authorities established by Table 2.02-1 (Review Matrix) of this Development Code shall consider a ministerial permit or decision pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are specific to each discretionary permit or action stipulated herein.
4.03.010: Historic Preservation—Adaptive Reuse Plan
A. Purpose. The purpose of this Section is to establish a procedure by which Adaptive Reuse Plans may be approved by the City, while at the same time:
1. Provide a more efficient way for qualified historic buildings and adaptive reuse projects to meet development, building, and fire protection standards;
2. Promote adaptive reuse as part of broader goals supporting historic preservation, economic development, environmental sustainability and resilience, and recognize the social value of historic buildings;
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3. Incentivize building reuse to encourage activation of Downtown Ontario where there is a large collection of commercial and industrial historic buildings that are worthy of preservation;
4. Eliminate or allow nonconformance with certain development regulations that would make adaptive reuse of qualified historic buildings infeasible, including such standards related to parking and loading, height, density, floor-area ratio, and open space; and
5. Allow alternative building and fire code compliance for qualified adaptive reuse projects able to demonstrate an alternative means or method of protecting public health, safety, and welfare.
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 an Adaptive Reuse Plan application, and to impose reasonable conditions upon the approval of the application.
2. Adaptive Reuse Plan approval shall allow for those land uses identified in Table
5.02-1 (Land Use Matrix) of this Development Code, which allows for a broad range of land uses of the underlying zoning district in which the site is located. However, no new uses that emits noxious odors or excessive noise shall be allowed, unless it can be demonstrated to the satisfaction of the Planning Director that the use will not cause adverse impacts to nearby residential land uses.
3. Qualifying buildings include those listed on the National Register of Historic Places, on the California Register of Historic Resources, Ontario Register of Historic Resources as designated local landmarks or contributors to designated local historic districts located within the Adaptive Reuse Plan Area.
4. Adaptive Reuse projects are construction and remodeling projects that reconfigure existing spaces within existing buildings to accommodate a new use or purpose other than what it was originally designed for. Adaptive Reuse projects require a change of use and building occupancy from office or commercial to residential, industrial to work/live, residential to office or commercial, or assembly to residential, office or commercial.
5. Application Filing and Processing. An Adaptive Reuse Plan 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. Plans and reports prepared for an Adaptive Reuse Plan shall be prepared by a California licensed architect meeting the minimum qualifications standards of The Secretary of the interior Professional Qualifications (Code of Federal Regulations, 36 CFR Part 61).
C. Adaptive Reuse Plan Area. This area consists of the City’s original downtown, and extends north to include the historic districts adjacent to Euclid Avenue, the boundary of which is as follows:
Beginning at the intersection of the centerlines of State Street and San Antonio Avenue, thence north to the northernmost city boundary, thence east to the centerline of Sultana Avenue, thence south to the centerline of I Street, thence east to the centerline of Campus Avenue, thence south to the centerline of State Street, thence west to the point of beginning.
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Ontario Development Code Page 4.03-3 (Rev. 06.21.202212.03.2024) D. Alternative Building and Fire Code Regulations. The alternative building and fire codes regulations adopted in this Section are applicable to qualified buildings and adaptive reuse projects.
1. Alternative Codes. Use of the California Historic Building Code, International Existing Building Code, California Health and Safety Code and the Ontario Adaptive Reuse Plan Technical Manual shall provide a process and the ability for the Building Official and Fire Marshal to consider alternative building standards while ensuring adequate health and safety protections.
2. In permitting repairs, alterations, and additions necessary to accommodate adaptive reuse projects, the alternative code regulations shall impose requirements that will, in the determination of the Building Official and the Fire Marshal, protect the public health, safety, and welfare.
3. Nothing in this Section shall be construed to allow the reduction of existing seismic or fire and life-safety elements of an eligible building where such elements provide a greater level of protection than the minimum requirements established by this Section.
4. Subject to the approval of the Building Official and Fire Marshal, the use or occupancy type of a qualified building shall be allowed to be changed as part of an adaptive reuse project without conforming to all requirements of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code provided the new or proposed occupancy is equally or less hazardous, based on life and fire risk, than the existing use.
5. Whenever there are practical difficulties involved in carrying out the provisions of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code, the Building Official and Fire Marshal shall have the authority to grant modifications for individual cases, provided the Approving Authority shall first find that special individual reasons make the strict letter of the local codes impractical and the modification is in compliance with the intent and purpose of the local codes and that such modification does not lessen health, life and safety requirements.
F. Incentives. The Planning Director may grant the following departures from certain development standards and requirements to incentivize qualified Adaptive Reuse Plans:
1. Development Plan Waived. Approved Adaptive Reuse Plans, which may allow for new additions up to 25 percent of the existing building floor area and is not visible from the public right-of-way, shall be exempt for the requirements for Development Plan review set forth in Section
4.02.025.
2. Mezzanines. Loft spaces in joint living and work quarters, dwelling units and guest rooms which do not exceed more than 33 percent of the floor area of the space below shall not be considered new floor area. Mezzanines may be included in the calculation of floor area for the purpose of determining compliance with the standards set forth in Paragraph (E) of this subdivision.
3. Parking Reduction. New parking spaces shall not be required for any converted use within the existing footprint of the building, but expansions to floor area shall require one parking space per bedroom or one parking space per 250 square feet of gross floor area for office or commercial.
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4. Setbacks. Existing building setbacks may remain and shall be considered legally nonconforming, but no further encroachments shall be permitted into any nonconforming setback.
5. Increases in Maximum Building Height. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legally nonconforming. Any rooftop construction needed for drainage, ventilation, utilities, or passive recreation shall be included within the height exemption. This height exemption does not include new residential or commercial floor area.
6. Open Space. Private open space for residential adaptive reuse projects may be waived when it is determined by the Approving Authority that the requirement would result in exterior alterations to the existing building that would result in an adverse impact to a historic resource. A minimum of 100 square feet of common open space per residential unit or 25 percent of the building square footage, whichever is less, shall be required and may be provided on the rooftop of the building or within the building and include various type of indoor amenities such as fitness center, workstations, playrooms, etc.
7. Loading Zone. A new loading zone shall not be required if the existing building does not have an existing loading zone.
G. Standards. Adaptive Reuse Projects permitted pursuant to this subdivision shall be developed in compliance with the following standards:
1. Minimum Dwelling Units. Adaptive reuse projects that propose residential shall develop no less than 3 units. The minimum floor area for new dwelling units and joint living and work quarters shall be 450 square feet. Floor area shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building. The floor area of both the living space and the workspace shall be combined to determine the size of joint living and work quarters. The average floor area, as defined above, of all the dwelling units and joint living and work quarters in the building, including those that existed prior to the effective date of this ordinance, shall be at least 750 square feet. That minimum average size shall be maintained and not reduced.
2. Storefront. Ground floor of an existing multiple level commercial building shall contain street frontage and shall be used as a commercial storefront. Residential on ground may occur at the rear of the building behind the storefront.
3. Exterior or Interior (Public Space) Alterations. A Certificate of Appropriateness pursuant to Section 4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources is required for any alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource.
4. Other Provisions. Floor Area Ratio (FAR), Landscaping, Lot Coverage, and any other development standard of the underlying zone may be waived by the Approving Authority.
H. Conditions of Approval.
1. In approving an Adaptive Reuse Plan, the Planning Director may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in 5029
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Ontario Development Code Page 4.03-5 (Rev. 06.21.202212.03.2024) harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. The standards and 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.
I. Findings and Decision. An Adaptive Reuse Plan, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, 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. That the use(s) of the property will not be detrimental to the public health, safety and general welfare surrounding the project location;
2. That the Adaptive Reuse Project complies with the standards set forth in Section
4.03.010 (F) of this Development Code; and
3. A Certificate of Appropriateness has been approved or Waived for the Adaptive Reuse Plan.
4.03.015: Administrative Use Permits
A. Purpose. The purpose of this Section is to establish a procedure by which Administrative Use Permits may be issued by the City, while at the same time:
1. Eliminating any possibility for the exercise of unfettered discretion during the application review process through the establishment of reasonable and uniform regulations that will reduce possible adverse effects that uses subject to this Section may have upon the residents of the City; and
2. Establishing a process whereby the unique operating characteristics of the uses subject to this Section may be properly conditioned through an individual review, in order to ensure compatibility with surrounding uses of property, and preserve the integrity of the residential, commercial, mixed-use, and industrial areas of the City.
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 an Administrative Use Permit application, and to impose reasonable conditions upon the approval of the application.
2. Administrative Use Permit approval shall be required for those land uses so identified in Table 5.02-1 (Land Use Matrix) of this Development Code, excepting the following temporary and interim land uses:
a. Car Washes for Fundraising Purposes. Car washes shall be conducted by a qualifying sponsoring organization within a nonresidential zoning or land use district. Sponsorship 5030
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(Rev. 06.21.202212.03.2024) Page 4.03-6 Ontario Development Code shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax-exempt organizations in compliance with Federal Internal Revenue Code Section 501(c). Exempt temporary car washes for fundraising purposes shall be limited to one event per month at each location the activity is conducted and shall be limited to a maximum of 2 days duration.
b. Emergency Public Health and Safety Activities and Facilities. Temporary activities and facilities associated with emergency public health and safety needs of the City, State, and federal governments.
c. Film/Video Making. Temporary filming, photography, and videography, and production activities associated with a Film Permit issued by the City.
C. Application Filing and Processing. An Administrative Use Permit application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1. An Administrative Use Permit shall be acted upon by the Approving Authority, based upon the information provided in the submitted application, evidence presented with any supplemental information or written report, and testimony provided during any hearing (if required), only after considering and clearly establishing that the use for which an Administrative Use Permit is requested complies with all applicable Development Code provisions specific to the requested use.
2. An Administrative Use Permit shall be issued if the Approving Authority determines that the proposed use complies with all applicable Development Code provisions,
3. An Administrative Use Permit shall be denied if the proposed use does not comply with one or more Development Code provisions.
E. Conditions of Approval.
1. In approving an Administrative Use Permit, the Approving Authority may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
3. A copy of the approved Administrative Use Permit shall be maintained on site for the duration of the use, activity, or facility authorized, and shall be made available for inspection upon demand by a City representative.
F. Unlawful Business Practices May Be Enjoined; All Remedies Are Cumulative. Any business activity requiring Administrative Use Permit approval pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code, and which is operated, conducted, or maintained contrary to the 5031
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Ontario Development Code Page 4.03-7 (Rev. 06.21.202212.03.2024) provisions of this Development Code, shall constitute an unlawful business practice pursuant to Business & Professions Code Section 17200 et seq., and the City may file a complaint with the District Attorney and request the District Attorney bring action seeking an injunction prohibiting the unlawful business practice or any other remedy available at law, including but not limited to fines, attorney's fees, and costs. All remedies provided for in this Section are cumulative.
G. Administrative Fines.
1. Violations. Upon a finding by the Police Chief or Community Improvement Director that a land use or business for which an Administrative Use Permit has been issued has violated any provision of this Development Code or of the City or Ontario Municipal Code, the Police Chief or Community Improvement Director may issue an administrative fine of up to $500.
2. Separate Violations. Each violation of this Development Code or of the Ontario Municipal Code constitutes a separate violation. Each day a violation of this Development Code or the Ontario Municipal Code occurs also constitutes a separate violation.
3. Administrative Fine Procedures. A Notice of Administrative Fine shall be served by hand delivery or certified mail and shall state the legal violation and all supporting facts.
Furthermore, the Notice shall also contain an advisement of the right to request an appeal hearing before the Zoning Administrator to contest the suspension or revocation.
4. Appeal of Administrative Fines.
a. An appeal request shall be filed with the Planning Department on a City application form, within 10 days following the date appearing on the Notice of Administrative Fine. The appeal request shall include a statement identifying the pertinent facts disputing the violation.
b. An appeal hearing shall be scheduled within 30 days following the Planning Department's receipt of the appeal request unless an extension is mutually agreed upon by the appellant and the Zoning Administrator.
c. The appeal shall be heard by the Zoning Administrator. The decision of the Zoning Administrator shall be provided by certified mail. The decision constitutes a final administrative order, with no additional administrative right of appeal.
5. Failure to Pay Administrative Fines.
a. If an administrative fine is not paid within 30 days after the date appearing on the Notice of Administrative Fine or, if the Notice is appealed, within 30 days after the date of the Zoning Administrator's decision, whichever occurs later, the fine may be referred to a collection agency.
b. Any outstanding fine must be paid prior to the issuance or renewal of any license or permit issued by the City.
H. Suspension and Revocation of Administrative Use Permits.
1. Reasons. The Police Chief and the Community Improvement Director each has the authority to suspend or revoke an Administrative Use Permit, based on one or more of the following reasons:
5032
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(Rev. 06.21.202212.03.2024) Page 4.03-8 Ontario Development Code a. The Administrative Use Permit approval was obtained by fraud; b. The Administrative Use Permit is being, or has recently been exercised contrary to the terms or conditions of the application approval; c. The Administrative Use Permit is being or has been exercised in violation of a federal, state, or City statute, ordinance, law, or regulation; and/or d. The Administrative Use Permit was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or otherwise constitutes a nuisance.
2. Suspension and Revocation Procedures. A Notice of Suspension or Revocation shall be served on the owner of the property and upon any tenant or operator in possession of the property, if different from the owner, by hand delivery or certified mail, along with the legal violation and supporting facts. The Notice shall also contain an advisement of the right to request an appeal hearing before the Zoning Administrator to contest the suspension or revocation.
3. Time Period of Suspension of Permit. When any of the conditions listed in H.1.a through d above exists, the Police Chief and the Community Improvement Director are each authorized to suspend an Administrative Use Permit for a period of no less than 5 days, and no more than 90 days, at their discretion.
4. Effective Date of Suspension or Revocation. A Notice of Suspension or Revocation issued under Paragraph H.2 of this Section is effective 10 days following the date appearing on the Notice, in the absence of an appeal filed in accordance with Paragraph H.5 of this Section.
5. Appeal of Suspension or Revocation of Permit.
a. The decision of the Police Chief or Community Improvement Director to suspend or revoke an Administrative Use Permit may be appealed by the permittee. b. The appeal request shall be filed with the Planning Department on a City application form and shall include a statement identifying pertinent facts disputing the reasons stated in the Notice of Suspension or Revocation.
c. An appeal request must be received by the Planning Department on or before the effective date of the suspension or revocation under Paragraph H.4 of this Section. d. The timely filing of an appeal request stays a suspension or revocation pending a decision on the appeal by the Zoning Administrator. e. An appeal hearing shall be scheduled within 30 days following the Planning Department's receipt of the appeal request, unless an extension is mutually agreed upon by the appellant and the Zoning Administrator.
f. Within 20 days following the appeal hearing, the Zoning Administrator shall issue a final administrative order to the appellant, by certified mail. There shall be no further administrative right of appeal.
6. Evidence. The following rules shall apply to any hearing required by this Section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence 5033
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Ontario Development Code Page 4.03-9 (Rev. 06.21.202212.03.2024) bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses.
Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. Formal rules of discovery do not apply to proceedings governed by this Section. Unless otherwise specifically prohibited by law, the burden of proof is on the appellant in any hearing or other matter under this Section.
7. Limitations on Application Refiling. A holder of an Administrative Use Permit who has had the Permit revoked under this Section may not apply for the same or substantially similar Administrative Use Permit for 12 months after the date of the Final Administrative Order revoking the Permit.
I. Public Nuisance. It shall be unlawful and a public nuisance for a land use or business activity for which an Administrative Use Permit has been issued to be operated, conducted, or maintained contrary to the provisions of this Development Code or of any conditions of approval imposed on an Administrative Use Permit by the Approving Authority. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, or enjoinment of that land use or business activity in any manner provided by law.
4.03.020: Sign Plans
A. Purpose. The purpose of this Section is to establish a process by which Sign Plans may be required to ensure compliance with the standards and guidelines contained within this Development Code pertaining to the number, placement, height, size, illumination, and design of signs, and to ensure compliance with any previously approved entitlements.
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 Sign Plan application, and to impose reasonable conditions upon the approval of the application.
2. An approved Sign Plan shall be required prior to placing, erecting, modifying, moving, or reconstructing any sign in the City, unless expressly exempted by this Development Code. Signs requiring a permit shall comply with: [i] the provisions of this Development Code, [ii] all other applicable laws and ordinances, and [iii] with any associated approved entitlements.
C. Application Filing and Processing. A Sign Plan application shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision. A Sign Plan shall be acted upon by the Approving Authority based upon the information contained in the application, supporting plans and documentation, and evidence submitted by the applicant, only after considering and clearly establishing that the Sign Plan is in conformance with the provisions of Division 8.1 (Sign Regulations) of this Development Code, and any associated entitlements that have been previously approved by the City. 5034
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(Rev. 06.21.202212.03.2024) Page 4.03-10 Ontario Development Code
4.03.025: Subdivisions—Certificates of Compliance
A. Purpose. The purpose of this Section is to establish a means by which a Certificate of Compliance or Conditional Certificate of Compliance may be issued by the City pursuant to GC Section 66499.35, and legal status may be conferred to parcels of real property that were not established by other legal means.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny a Certificate of Compliance, and to impose reasonable conditions upon the approval of the application.
2. The provisions of this Section shall apply to real property for which there is no final map, parcel map, official map, or approved certificate of exception, which establish the status for legal creation of parcels of real property.
C. Application Filing and Processing. A Certificate of Compliance shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1. Certificate of Compliance.
a. Upon receipt of a Certificate of Compliance application, the City Engineer shall determine whether the affected real property complies with the applicable provisions of the Subdivision Map Act and this Development Code. A certificate of compliance shall be issued for any real property that has been approved for development of the property. b. If the City Engineer determines that the real property that is the subject of a Certificate of Compliance application complies with the applicable provisions of the Subdivision Map Act and this Development Code, it shall cause a Certificate of Compliance to be filed for recordation with the County Recorder.
2. Conditional Certificate of Compliance.
a. If the City Engineer determines that the real property that is the subject of a Certificate of Compliance application does not comply with the provisions of the Subdivision Map Act and this Development Code, it shall issue a Conditional Certificate of Compliance. As a condition to granting a Conditional Certificate of Compliance, the City Engineer may impose any conditions that would have been applicable to a division of land on the date the applicant acquired the property, except that if the current property owner was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the Conditional Certificate of Compliance may impose conditions that would be applicable to a current division of land.
b. Upon making a determination and establishing conditions, the City shall cause a Conditional Certificate of Compliance to be filed for recordation with the County Recorder. The certificate shall serve as notice to the property owner or vendee who has applied for the Certificate pursuant to this Section, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of these conditions 5035
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Ontario Development Code Page 4.03-11 (Rev. 06.21.202212.03.2024) shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.
c. Compliance with imposed conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the City.
E. Right to Develop. The issuance of a Certificate of Compliance or Conditional Certificate of Compliance does not imply or grant a right to develop the affected property.
4.03.030 Subdivisions—Final Maps and Parcel Maps
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66410) pertaining to the review, approval and recordation of a final map or parcel map.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Council is hereby empowered to approve or deny a final map or parcel map.
2. The subdivider may cause a final map or parcel map to be prepared in substantial accord with the tentative tract map or parcel map as approved, and pursuant to the provisions of this Development Code and applicable standards imposed by the County of San Bernardino for maps filed with the County Recorder.
3. The final map or parcel map, and any accompanying data or additional information, shall be prepared by or under the direction of a registered civil engineer that possesses a State of California license registration number below C33966 and is competent to practice land surveying, or a licensed land surveyor authorized to practice in the State of California.
C. Final Map Preparation. Following approval or conditional approval of a tentative map, and prior to the expiration of the map, the subdivider may cause the property, or any part thereof, to be surveyed and a final map to be prepared, which is consistent with the tentative map, as approved, and the provisions of this Development Code and the Subdivision Map Act (commencing with GC Section 66410). A final map shall be filed with the County Recorder only after a determination by the City Engineer and Planning Director that the conditions of the tentative map have been met. The City Engineer and Planning Director determinations may be appealed to the City Council pursuant to Division 2.04 (Appeals) of this Development Code.
D. Multiple Final Maps. Multiple final maps relating to a single approved or conditionally approved tentative map may be filed pursuant to GC Section 66456.1. The subdivision improvement agreement to be executed by the subdivider shall include provisions for the construction of such improvements as may be required by the City Engineer to constitute a logical and orderly development of the whole subdivision by phases. Each phase shall be so designed and improved as to be functionally self-sufficient.
E. Final Map/Parcel Map Filing, Processing, and Action. A final map or parcel map shall be filed, processed and acted upon as follows:
1. Final Map/Parcel Map Filing.
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(Rev. 06.21.202212.03.2024) Page 4.03-12 Ontario Development Code a. Where a final map or parcel map, or a vesting final map or parcel map is required, the subdivider shall, prior to submitting the map for final review, complete all offers of dedication, secure the required approvals with respect to public and private easements and complete plans and specifications for public improvements, including drainage facilities and sewer facilities, and all applicable provisions of Section 6.08.025 (Improvements) of this Development Code. All certificates shall be executed, excepting those to be executed by the City Engineer, City Clerk and County Recorder.
b. The subdivider shall submit to the City Engineer for approval, the original mylar and as many prints as may be required, along with any required statements and documents. The City Engineer, after ensuring that all conditions and approvals have been met or secured, shall process the map for adoption by the City Council and recordation with the County Recorder.
2. Final Map/Parcel Map Processing.
a. The City Engineer shall, within 30 working days of receipt of the final map or parcel, and accompanying documents, fees and materials, cause the final map or parcel map to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications, and provisions made or required by the City Council, and if found to be complete, technically correct, in conformity with the improvement plans and specifications, and in compliance with the requirements of this Development Code, other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario Plan, shall execute the City Engineer's certificate on the map, and shall file the final map or parcel map, and accompanying materials with the City Council. b. Should the final map or parcel map, or other accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised of the changes or additions that must be made. The City Engineer shall then cause the corrected final map or parcel map to be reexamined. If the map is found to be correct and in compliance with this Development Code and all other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario Plan, the City Engineer shall execute the City Engineer's certificate on the map, and shall file the final map or parcel map and accompanying materials with the City Council. The date of filing, as set forth in GC Section 66458, shall be the meeting date in which the final map or parcel map is received by the City Council.
3. Final Map/Parcel Map Action.
a. The City Council, at the meeting it receives the final map or parcel map, or at its next regular meeting or within a period of not more than 10 days following the meeting at which the City Council receives the final map and any accompanying materials, shall approve the map if it is found to be consistent with the approved tentative tract or parcel map, and is in compliance with this Development Code and all other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario Plan, and shall instruct the City Clerk to execute the approval certificate. If the final map or parcel does not conform, the City Council shall deny the final map.
b. At the time of approval of the final map or parcel map, the City Council shall accept, subject to improvement, or reject any offers of dedication. 5037
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Ontario Development Code Page 4.03-13 (Rev. 06.21.202212.03.2024) c. The time limit for approval of the final map or parcel map may be extended by mutual consent of the subdivider and the City.
d. If the City Council does not approve or deny the final map or parcel map within the prescribed time, or any authorized extension, and the final map or parcel map conforms to all requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval.
e. The City Clerk shall provide notice of any pending approval or denial of a final map or parcel map by the City Council. The notice shall be attached and posted with the City Council's regular agenda and shall be mailed to interested parties who request notification.
4.03.035: Subdivisions—Lot Line Adjustments
A. Purpose. The purpose of this Section is to establish procedures for adjusting the property lines between existing lots by means of a Lot Line Adjustment authorized by GC Section 66412(d).
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny a Lot Line Adjustment, and to impose reasonable conditions upon its issuance.
2. A Lot Line Adjustment may be utilized to reconfigure up to 4 adjoining legally recognized lots, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.
C. Application Filing and Processing. A Lot Line Adjustment shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1. The City Engineer may approve or deny a Lot Line Adjustment on the basis of the application, supporting plans, and documentation submitted by the applicant. The City Engineer shall limit its review to a determination of whether or not the lots resulting from the Lot Line Adjustment will conform to the Policy Plan (General Plan) component of The Ontario Plan; any applicable specific plan, area plan or planned unit development; and this Development Code.
2. Upon approval of a Lot Line Adjustment, the applicant shall provide the City with a conforming grant deed for each affected lot, which reflects the approved Lot Line Adjustment.
The City shall then cause the grant deed(s) to be filed for record with the County Recorder. No record of survey shall be required for a Lot Line Adjustment unless required by BPC Section 8762.
E. Conditions of Approval.
1. The City Engineer shall not impose conditions or exactions on its approval of a Lot Line Adjustment, except as follows:
a. Require conformance to the Policy Plan (General Plan) component of The Ontario Plan, and any applicable specific plan, planned unit development, or area plan; 5038
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(Rev. 06.21.202212.03.2024) Page 4.03-14 Ontario Development Code b. Require conformance with all applicable provisions of this Development Code and any applicable building ordinances;
c. Require the prepayment of real property taxes prior to the approval of the Lot Line Adjustment; and
d. Facilitate the relocation of existing utilities, infrastructure, or easements.
2. No tentative tract map, final map or parcel map shall be required as a condition to the approval of a Lot Line Adjustment.
4.03.040: Subdivisions—Map Corrections and Amendments
A. Purpose. The purpose of this Section is to establish a process by which a final map or parcel map that has been filed for recordation with the County Recorder may be amended by either a Certificate of Correction or an amending map.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny an application to correct or amend a final map or parcel map that has been filed for recordation with the County Recorder.
2. After a final map or parcel map is filed for recordation in the office of the County Recorder, it may be amended by a Certificate of Correction for any of the following purposes:
a. Correct an error in any course or distance shown on the map; b. Show any course or distance that was omitted from the map; c. Correct an error in the description of the real property shown on the map; d. Indicate monuments set after the death, disability, and retirement from practice or replacement of the engineer or surveyor charged with responsibilities for setting monuments;
e. Show the proper location or character of any monument that has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character; or
f. Correct any other type of map error or omission that does not affect any property right, including, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.
C. Application Filing and Processing. An amending map or Certificate of Correction 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. 5039
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Ontario Development Code Page 4.03-15 (Rev. 06.21.202212.03.2024) D. Findings and Decision. The City Engineer may approve an amending map or Certificate of Correction only after finding that the changes made are limited to those set forth in Paragraphs B.2.a through f, above, and shall certify to this fact on the amending map or Certificate of Correction.
E. Form and Content of Amendment.
1. The Certificate of Correction shall be prepared and signed by a registered civil engineer that possesses a State of California license registration number below C33966 and is competent to practice land surveying, or a licensed land surveyor authorized to practice in the State of California.
2. The form and content of the amending map shall conform to the requirements of this Development Code for tentative tract maps, final maps or parcel maps.
3. The Certificate of Correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
4.03.045: Subdivisions—Parcel Map Waiver
A. Purpose. The purpose of this Section is to establish a procedure for waiving the requirement for a final parcel map pursuant to GC Section 66428(b), which requires that a local agency provide a procedure for such.
B. Applicability. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to waive the requirement for a final parcel map for the belowlisted reasons, following the approval of a tentative map pursuant to this Development Code:
1. tThe parcel map is for a division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or
2. The Parcel Map is for a division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose (e.g., drainage or sewers, public building sites, rights-of-way for streets, school sites, and utilities).
C. Application Filing and Processing. A request for waiver from the requirement for a final parcel map shall be filed and processed in conjunction with the tentative map. The City Engineer may act upon the parcel map waiver following approval of the tentative map and compliance with the conditions of approval imposed upon tentative map approval (if any).
D. Findings and Decision.
1. The City Engineer shall approve a waiver from the requirement for a final parcel map only after the City Engineer for the corresponding tentative map required pursuant to this Section finds that the proposed division of land:
a. Is consistent with the approved tentative parcel map, and is in compliance with this Development Code, the Subdivision Map Act, and all other applicable codes, specific plans, and 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 5040
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(Rev. 06.21.202212.03.2024) Page 4.03-16 Ontario Development Code b. Complies with the requirements established by this Development Code and the Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.
2. If the proposed division of land does not conform to Subparagraphs 1.a and b above, the City Engineer shall not approve the Parcel Map Waiver.
E. Certificate of Compliance Required.
1. Following approval of a Parcel Map Waiver by the City Engineer, a Certificate of Compliance for the land to be divided shall be filed with the County Recorder.
2. Requirements for the construction of improvements shall be noted on the Certificate of Compliance by certificate pursuant to GC Section 66411.1.
F. Payment of Processing Fees. All necessary fees as established by City ordinance or by resolution of the City Council shall be paid by the applicant for processing and filing for record, any documents pertaining to the Parcel Map Waiver process.
4.03.050: Subdivisions—Lot Merger (Merger of Contiguous Parcels) A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.10), pertaining to the merger of contiguous lots under common ownership (Lot Merger).
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer Approving Authority is hereby empowered to approve, approve in modified form, or deny a Lot Merger application, and to impose reasonable conditions upon the approval of the application.
2. The City may initiate a Lot Merger if any one of the contiguous lots or units held by the same owner does not conform to standards for minimum lot size applicable to the lots or units of land, and if all of the following requirements are satisfied:
a. At least one of the affected lots is not developed with a structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is only developed with one or more accessory structures, or is developed with a single primary structure that is partially sited on a contiguous lot or unit. b. With respect to any affected lot, one or more of the following conditions exists:
(1) Comprises less than 5,000 SF in area at the time of the determination of merger;
(2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
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Ontario Development Code Page 4.03-17 (Rev. 06.21.202212.03.2024) (3) Does not meet current standards for sewage disposal and domestic water supply;
(4) Does not meet slope stability standards;
(5) Has no legal access that is adequate for vehicular and safety equipment access and maneuverability;
(6) Its development would create health or safety hazards; or (7) Is inconsistent with The Ontario Plan and any applicable area plan, specific plan, or planned unit development (other than minimum lot size or density standards). c. The affected lots, when merged, will not:
(1) Be inconsistent or create a conflict with The Ontario Plan, any applicable Area Plan or Specific Plan, or the provisions of this Development Code; (2) Result in a conflict with the location of any existing structures; (3) Deprive or restrict access to another lot; or
(4) Result in the creation of new lot lines.
3. The City may require the owner of any contiguous lots to initiate the merger of contiguous lots as a condition of any Development Plan or Conditional Use Permit approval.
C. Application Filing, Processing and Hearing. A Lot Merger application 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. Notification of Intention to Merge Lots.
1. Prior to merging any contiguous lots, the City Engineer Planning Director shall mail a Notice of Intention to Merge ("NIM"), which notifies affected property owner(s) that the affected lots may be merged pursuant to the provisions of this Section. The NIM shall be sent by certified mail to the property owner(s) of record at the address(es) shown on the latest available assessment roll of the County of San Bernardino. The NIM shall include a statement that the property owner(s) may appeal the decision of the City Engineer to the Planning Commission request a hearing to present evidence that the proposed Lot Merger does not meet the criteria for a merger. For the purpose of this Section, a property owner is any person holding any portion of title to any affected property.
2. The NIM shall be recorded with the San Bernardino County Recorder on the date that the notice is mailed to all property owners of record.
E. Request for Hearing. Within 30 days following the recordation of the NIM, the owner of the affected property may file a request with the City Engineer Planning Director, for a hearing regarding the proposed Lot Merger.
F. Procedure for Hearing.
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1. Upon receiving a request for a hearing, the City Engineer Planning Director shall set a time, date, and location for a hearing to be conducted by the Appeal Approving Authority, and shall notify the property owner of the time, date, and location of the hearing by certified mail.
The hearing shall be conducted not more than 60 days following the City's receipt of the property owner's request for hearing but may be postponed by mutual consent of the City and the property owner.
2. During the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for Lot Merger specified by this Section.
3. At the conclusion of the hearing, the Appeal Approving Authority shall make a determination as to whether the affected lots should be merged and shall so notify the property owner of its determination.
4. The Appeal Approving Authority may approve or deny a Lot Merger on the basis of the application and the presented evidence, after considering and clearly establishing the following findings, and giving specific reasons in support of each finding:
a. The merged lots comply with the appropriate provisions of the Subdivision Map Act and all applicable City requirements for the merging of contiguous lots; and b. The merged lots do not adversely affect the purpose and intent of The Ontario Plan, or the public health, safety, and welfare.
5. If the Appeal Approving Authority determines that the affected lots shall be merged, the City Engineer Planning Director shall cause the NIM Notice of Intention to Merge, specifying the names of the recorded owner(s) and describing the affected real property, to be recorded with the San Bernardino County Recorder within 30 days following conclusion of the appeal hearing.
6. If the Appeal Approving Authority determines that the affected lots shall not be merged, the City Engineer Planning Director shall cause a Release of NIM Notice of Intention to Merge to be recorded with the San Bernardino County Recorder, and a letter of notification shall be sent by certified mail to the property owner(s) of record.
G. Determination When No Hearing Is Requested. If within the 30 days following the recordation of the NIM specified in Subsection D (Request for Hearing) of this Section, the property owner does not file a request for a hearing, at any time thereafter, the City Engineer Approving Authority may make a determination whether or not the affected lots are to be merged. A NIM Notice of Intention to Merge shall be recorded as provided for in Paragraph F.5 of this Section, no later than 90 days following the mailing of the NIM.
4.03.0550: 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.
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Ontario Development Code Page 4.03-19 (Rev. 06.21.202212.03.2024) 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 [i] minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; and, [ii] off-street parking required for nonresidential land uses pursuant to Table 6.03-1 (Off-Street Parking Requirements). An Administrative Exception shall not be approved for reductions from minimum lot size, lot dimensions, landscape coverage, 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 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 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 5044
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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.
4.03.06055: 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.
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.
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 belowlisted 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. 5045
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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; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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Chapter 5.0:
Zoning and Land Use
Division 5.01—Zoning Districts and Boundaries
Division 5.02—General Land Use Provisions
Division 5.03—Supplemental Land Use Regulations
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Ontario Development Code Page 5.01-1 (Rev. 01.16.202412.03.2024) Division 5.01—Zoning Districts and Boundaries
Sections:
5.01.000: Purpose
5.01.005: Establishment of Base Zoning Districts
5.01.010: Zoning Map Adoption
5.01.015: Zoning District Boundaries
5.01.000: Purpose
The purpose of this Division is to establish zoning districts to implement the goals of the community as stated in The Ontario Plan. The text and maps of the Policy Plan component of The Ontario Plan will provide additional guidance in the development and use of properties throughout the City.
5.01.005: Establishment of Base Zoning Districts
In order to carry out the purpose and provisions of this Development Code, the City is hereby divided into the following zoning districts:
A. Residential Zoning Districts.
1. AR-2 (Residential-Agricultural—0 to 2.0 DU/Acre) Zoning District. The AR-2 zoning district is hereby established to accommodate single-family residences on large lots, at a density range of 0 to 2.0 dwelling units per acre and allow for limited agricultural activities and animal keeping within a rural environment. The AR-2 zoning district is further intended to maintain a rural agricultural heritage and protect the area from suburban infringement, while maintaining a harmonious relationship between the rural and adjacent suburban land uses. The AR-2 zoning district is consistent with and implements the Rural Residential land use designation of the Policy Plan component of The Ontario Plan.
2. RE-2 Rural Estate—0 to 2.0 DU/Acre) Zoning District. The RE-2 zoning district is hereby established to accommodate single-family residences on larger lots, at a density range of 0 to 2.0 dwelling units per acre, in a semi-rural environment where limited animal keeping is permitted. The RE-2 zoning district is consistent with and implements the Rural Residential land use designation of the Policy Plan component of The Ontario Plan.
3. RE-4 Residential Estate—2.1 to 4.0 DU/Acre) Zoning District. The RE-4 zoning district is hereby established to accommodate single-family homes on estate-sized lots, in a suburban environment, at a density range of 2.1 to 4.0 dwelling units per acre. The RE-4 zoning district is consistent with and implements the Low Density Residential land use designation of the Policy Plan component of The Ontario Plan.
4. LDR-5 (Low Density Residential—2.1 to 5.0 DU/Acre) Zoning District. The LDR-5 zoning district is hereby established to accommodate single-family homes on individual lots, in a suburban environment, at a density range of 2.1 to 5.0 dwelling units per acre. The LDR-5 zoning district is consistent with and implements the Low Density Residential land use designation of the Policy Plan component of The Ontario Plan.
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5. MDR-11 (Low-Medium Density Residential—5.1 to 11.0 DU/Acre) Zoning District. The MDR-11 zoning district is hereby established to accommodate a variety of attached and detached housing types, in a suburban environment, at a density range of 5.1 to 11.0 dwelling units per acre. The MDR-11 zoning district is consistent with and implements the Low-Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.
6. MDR-18 (Medium Density Residential—11.1 to 18.0 DU/Acre) Zoning District. The MDR-18 zoning district is hereby established to accommodate a variety of attached and detached housing types, in a suburban environment, at a density range of 11.1 to 18.0 dwelling units per acre. The MDR-18 zoning district is consistent with and implements the Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.
7. MDR-25 (Medium-High Density Residential—18.1 to 25.0 DU/Acre) Zoning District.
The MDR-25 zoning district is hereby established to accommodate higher density residential developments, in a more urbanized environment, at a density range of 18.1 to 25.0 dwelling units per acre. The MDR-25 zoning district is consistent with and implements the Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.
8. HDR-45 (High Density Residential—25.1 to 45.0 DU/Acre) Zoning District. The HDR-45 zoning district is hereby established to accommodate high-density multiple-family developments in an urban environment, generally located within 1/2-mile of a transit corridor or station, at a density range of 25.1 to 45.0 dwelling units per acre. The HDR-45 zoning district is consistent with and implements the High Density Residential land use designation of the Policy Plan component of The Ontario Plan.
B. Commercial Zoning Districts.
1. CS (Corner Store) Zoning District. The CS zoning district is hereby established to accommodate pedestrian-oriented neighborhood retail and service establishments developed at a maximum intensity of 0.4 FAR, which would have few impacts to adjacent residential uses due to the types of uses allowed and their limited hours of operation. CS zoning district locations are within established or planned neighborhoods, generally along residential collector streets, and are intended to provide their goods and services within walking distance to most of their customers. This zoning district provides for a scale and character of development that tends to attract and promote a walk-in clientele. Development within the CS zoning district should maximize human scale design elements, while providing a sensitive transition between the allowed uses and neighboring residences, including the provision of adequate and properly sited parking (including allowances for on-street parking). Sites within this zoning district are typically small in size (less than 0.5-acre), are usually stand-alone land uses, and are intended to fit into and protect the residential pattern of development. The CS zoning district is consistent with and implements the Neighborhood Commercial land use designation of the Policy Plan component of The Ontario Plan.
2. CN (Neighborhood Commercial—0.4 Maximum FAR) Zoning District. The CN zoning district is hereby established to accommodate the development of convenience centers at a maximum intensity of 0.55 FAR and are intended to serve residents within a one to 2-mile radius, with some customers within walking distance. Intended uses are smaller scale, which support the local market rather than a citywide or regional market (i.e., the difference between a Best Buy and a Radio Shack). Given their proximity to residential uses, the hours and types of uses allowed within the CN zoning district may be limited either by ordinance or by conditions of approval. Uses may be standalone or within a center generally 10 to 15 acres in size. The CN zoning district is 5051
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Ontario Development Code Page 5.01-3 (Rev. 01.16.202412.03.2024) consistent with and implements the Neighborhood Commercial land use designation of the Policy Plan component of The Ontario Plan.
3. CC (Community Commercial—0.4 Maximum FAR) Zoning District. The CC zoning district is hereby established to accommodate retail, office, and service uses developed at a maximum intensity of 0.4 FAR, which serve residents within a 5-mile radius. If located within close proximity to residential areas, the operation of the commercial land uses may be limited to protect the nearby sensitive uses. Commercial uses within the CC zoning district may be standalone or within centers generally 10 to 20 acres in size. The CC zoning district is consistent with and implements the General Commercial land use designation of the Policy Plan component of The Ontario Plan.
4. CR (Regional Commercial—0.4 Maximum FAR) Zoning District. The CR zoning district is hereby established to accommodate commercial and entertainment centers which are larger in size than would otherwise be accommodated in the CC zoning district, developed at a maximum intensity of 0.4 FAR. The zoning district is intended for intense, regional-serving commercial and entertainment uses, and is generally located adjacent to, or in close proximity to, freeways and arterial roadways that accommodate regional traffic. Uses may be standalone or within a center generally 15 or more acres in size. The CR zoning district is consistent with and implements the General Commercial and Office Commercial land use designations of the Policy Plan component of The Ontario Plan. Furthermore, the CR zoning district is consistent with and implements the Office Commercial land use designation of the Policy Plan component of The Ontario Plan; provided, (a) the property shall have a minimum of 350 lineal feet of freeway frontage along Interstate 10 or Interstate 15, and (b) the use of the property shall be restricted to automobile dealers (including new and used automobiles, light trucks and vans).
5. CCS (Convention Center Support Commercial) Zoning District. The CCS zoning district is intended to accommodate uses developed at a maximum intensity of 1.0 FAR, which predominantly serve the Ontario Convention Center, regional uses, and the special needs of leisure and business clientele who visit the City and surrounding region. The CCS zoning district is consistent with and implements the Hospitality land use designation of the Policy Plan component of The Ontario Plan.
6. OL (Low Intensity Office) Zoning District. The OL zoning district is hereby established to accommodate low-intensity office and support commercial uses developed at a maximum intensity of 0.75 FAR, which are typically located in close proximity to residential developments.
Development within this zoning district is residential in scale and typically no more than 2 stories in height. Uses within this zoning district are generally limited in their hours of operation to limit their impact upon nearby residents, and include administrative and business support services, local branches of financial institutions, legal services, insurance services, real estate services, medical and dental services, and similar support services. The OL zoning district is consistent with and implements the Office/Commercial land use designation of the Policy Plan component of The Ontario Plan.
7. OH (High Intensity Office) Zoning District. The OH zoning district is hereby established to accommodate intense professional office and supporting uses developed at a maximum intensity of 0.75 FAR, and is intended to be applied in areas planned for more concentrated urban uses, or in key locations of potential mass transit, major intersections, or in close proximity to identified activity centers. The OH zoning district is consistent with and implements the Office/Commercial land use designation of the Policy Plan component of The Ontario Plan.
C. Mixed Use Zoning Districts.
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1. MU-1 (Downtown Mixed Use) Zoning District.
a. The MU-1 zoning district is hereby established to accommodate a fairly intensive mixture of vertical and horizontal retail, entertainment, and office uses at a development intensity of up to 2.0 FAR, and residential uses at a density of 25 to 75 DU/AC, with the most intensive uses envisioned along Euclid Avenue and Holt Boulevard. Development projects are intended to maintain a pedestrian friendly atmosphere, while at the same time enhancing the historic character of the area.
b. Furthermore, the MU-1 zoning district is established to: [i] recognize, protect, and enhance the visual character and quality of Ontario's historic downtown area as a historic resource; [ii] establish and recognize Ontario's historic downtown as the arts and entertainment mecca for the surrounding region, to include a wide range of allowed uses, such as shopping, restaurants, outdoor dining, cultural offerings, street fairs, artist festivals, galleries, work/live lofts, breweries, and artisan co-ops; [iii] recognize Holt Boulevard as a vital east-west link to Ontario's historic downtown, offering opportunities for vertical and horizontal mixed use developments consisting of market rate and below market rate housing, retail and offices, and work/live uses; and [iv] recognize Ontario's civic center for its significant outdoor spaces, amenities and services, which serve to enhance the historic downtown's shopping, dining, and living experiences. c. In order to carry out the purposes and provisions of the Land Use component of The Ontario Plan and this Development Code, the MU-1 zoning district is hereby divided into four Land Use Areas. The boundaries of each Land Use Area (LUA) is shown in Figure
5.01-1 (MU-1 (Downtown Mixed Use) Zoning District Land Use Areas Map) of this Division, and their purposes are described below.
(1) LUA-1 (Euclid Avenue Entertainment) District—The Euclid Avenue Entertainment District is a central urban location intended to provide the vitality, amenities, and a range of entertainment, shopping, restaurant, outdoor dining, and cultural offerings. The District is further intended to promote a variety of dense housing options; enhanced public and private rights-of-way to improve pedestrian, bicyclist, and vehicular connectivity; and grow employment opportunities.
(2) LUA-2 (Arts) District—
(a) The Arts District is intended as a dynamic destination for locals and tourists, while creating a fulfilling urban experience energized by artistic, educational, and commercial participants. The focus of the Area is to increase the number of collaborated events and programs within the Area, with the intent to attract visitors, promote economic vitality, and boost revenue. Street fairs, artist festivals, restaurants, galleries, work/live lofts, breweries, and artisan co-ops will contribute to the physical and cultural diversity of the Arts District. (b) The Arts District is divided into two subareas: Arts District North and Arts District South.
(i) Arts District North is intended to accommodate a mix of work/live lofts, artisan co-ops, restaurants, galleries, breweries, and other commercial uses intended to strengthen the economic base of the area.
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Ontario Development Code Page 5.01-5 (Rev. 01.16.202412.03.2024) Figure 5.01-1: MU-1 (Downtown Mixed-Use) Zoning District Land Use Areas Map 5054
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Ontario Development Code Page 5.01-6 (Rev. 01.16.202412.03.2024) Figure 5.01-2: MU-1 (Downtown Mized Use) Zoning District Land Use Map 5055
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Ontario Development Code Page 5.01-7 (Rev. 01.16.202412.03.2024) (ii) Arts District South is situated between Union Pacific and Southern Pacific Rail Lines, within an area not particularly suited to uses having a residential component (such as work/live lofts). Arts District South is envisioned to accommodate a mix of commercial, business park, and light industrial activities, which like Arts District North, will serve to stimulate the economic vitality of the area.
(3) LUA-3 (Holt Boulevard) District—Holt Boulevard is a vital east-west link to the downtown, particularly from Ontario International Airport, the Ontario Convention Center, and the nearby hospitality center. The Holt Boulevard District offers the most opportunity for development of market-rate and attainable housing. Mixed-use may be vertical or horizontal, with retail or live/work on the ground floor. Residents will have access to many downtown amenities, including shopping, public services, open space, and public transportation (Bus Rapid Transit or "BRT"). The District will be designed as a signature gateway to the City's historic downtown. (4) LUA-4 (Civic Center) District—The Civic Center District's proximity to the Euclid Avenue Entertainment District will contribute to the community character and commercial vitality of Ontario's historic downtown area. People in need of City services at City Hall, the Public Library, or the Community Center, are potential shoppers and diners at downtown stores and restaurants. Furthermore, the Civic Center's significant outdoor spaces provide a link to downtown shopping, dining, streetscapes, and friendly pedestrian experiences. d. To accomplish the objectives of the MU-1 (Downtown Mixed Use) zoning district, certain blocks have been imposed with use restrictions, as shown in Figure 5.01-2 (MU-1 (Downtown Mixed Use) Zoning District Land Use Map) of this Division. e. The MU-1 zoning district, along with the Land Use Areas and Land Use Subdistricts established thereunder, is consistent with and implements the Downtown Mixed Use land use designation of the Policy Plan component of The Ontario Plan.
2. MU-3 (East Guasti Mixed Use) Zoning District. The MU-3 zoning district is hereby established to accommodate a mixture of low-rise (up to 5 stories) office and retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 65 DU/AC, that will create identity and place within the southeast corner of the Guasti Mixed Use area. Approximately one-half of the MU-3 zoning district is developed with the historic San Secondo d'Asti Catholic Church. The remaining half of the area is intended for development with high-quality office, lodging, retail, and residential uses that respect the history of the adjacent Guasti Winery. The MU-3 zoning district is consistent with and implements the Guasti Mixed Use land use designation of the Policy Plan component of The Ontario Plan.
3. MU-6 (East Holt Mixed Use) Zoning District. The MU-6 zoning district is hereby established to accommodate the intensification of the Holt Boulevard Corridor with low-rise (up to 5 stories) buildings housing a mixture of retail and office uses at a development intensity of up to 1.0 FAR and 2.0 FAR, respectively, and residential uses at a density of 14 to 40 DU/AC. The intent of this zoning district is to create identity and place along the Holt Boulevard Corridor and provide a connection between the Downtown Mixed Use Area and the Ontario Airport Metro Center. The MU-6 zoning district is consistent with and implements the Holt Mixed Use land use designation of the Policy Plan component of The Ontario Plan.
4. MU-8B (Mountain/Fourth Mixed Use) Zoning District. The MU-8B zoning district is hereby established to accommodate a low-rise (up to 5 stories) mixture of retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Mountain Avenue corridor and serve the surrounding residents. The MU-8B zoning district 5056
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(Rev. 01.16.202412.03.2024) Page 5.01-8 Ontario Development Code is consistent with and implements the Mountain/Fourth Mixed Use Neighborhood Activity Hub land use designation of the Policy Plan component of The Ontario Plan.
5. MU-8C (West Holt Mixed Use) Zoning District. The MU-8C zoning district is hereby established to accommodate the intensification of the Holt Boulevard Corridor with low-rise (up to 5 stories) buildings housing a mixture of retail and office uses at a development intensity of up to 1.0 FAR and 2.0 FAR, respectively, and residential uses at a density of 14 to 40 DU/AC. The intent of this zoning district is to create identity and place along the Holt Boulevard Corridor and provide a connection between the Downtown Mixed Use Area and the Ontario Airport Metro Center. The MU-8C zoning district is consistent with and implements the Holt Mixed Use land use designation of the Policy Plan component of The Ontario Plan.
6. MU-8D (Euclid/Francis Mixed Use) Zoning District. The MU-8D zoning district is hereby established to accommodate a mixture of low-rise (up to 5 stories) retail uses at an intensity of up to 1.0 FAR, and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Euclid Avenue corridor. The MU-8D zoning district is consistent with and implements the Euclid/Francis Mixed Use Neighborhood Activity Hub land use designation of the Policy Plan component of The Ontario Plan.
7. MU-8E (Euclid/Walnut Mixed Use) Zoning District. The MU-8E zoning district is hereby established to accommodate a low-rise (up to 5 stories) mixture of retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Euclid Avenue corridor and serve the surrounding residents. The MU-8E zoning district is consistent with and implements the Euclid/Walnut Mixed Use Neighborhood Activity Hub land use designation of the Policy Plan component of The Ontario Plan.
D. Industrial Zoning Districts.
1. BP (Business Park) Zoning District. The BP zoning district is hereby established to accommodate industrial-serving commercial and office uses, and very light industrial uses, which may be developed at a maximum intensity of 0.6 FAR. Development within this zoning district is typically multi-tenant in nature; however, single-tenant buildings are not precluded. The BP zoning district is consistent with, and implements, the Business Park land use designation of the Policy Plan component of The Ontario Plan.
2. IP (Industrial Park) Zoning District. The IP zoning district is hereby established to accommodate a combination of commercial activity and light industrial uses, which may be developed at a maximum intensity of 0.6 FAR, and which support services to nearby industrial uses, technology centers, research and development, "clean" industry, and limited manufacturing activities. The IP zoning district is consistent with, and implements, the Business Park land use designation of the Policy Plan component of The Ontario Plan.
3. IL (Light Industrial) Zoning District. The IL zoning district is hereby established to accommodate lighter manufacturing and assembly activities, storage and warehousing activities, and other similar uses developed at a maximum intensity of 0.55 FAR. This zoning district is typically located within 500 feet of residentially zoned properties, public parks and schools, and mixed-use properties having a residential component. Aand is intended to serve as a buffer between residentially zoned areas and heavier industrial zoning districts. Allowed uses are expected to have little or no impacts on nearby residential uses with regard to noise, odor, or hazards. The IL zoning district is consistent with, and implements, the Business Park and Industrial land use designations of the Policy Plan component of The Ontario Plan. 5057
Division 5.01—Zoning Districts and Boundaries
Ontario Development Code Page 5.01-9 (Rev. 01.16.202412.03.2024)
4. IG (General Industrial) Zoning District. The IG zoning district is hereby established to accommodate a wide range of manufacturing and assembly activities, storage and warehousing activities, and other similar uses developed at a maximum intensity of 0.55 FAR, which desire to locate in larger buildings and on larger sites. This zoning district is generally located away from residentially zoned properties, public parks and schools, and mixed-use properties having a residential component. The IG zoning district is consistent with, and implements, the Industrial land use designation of the Policy Plan component of The Ontario Plan.
5. IH (Heavy Industrial) Zoning District. The IH zoning district is hereby established to accommodate heavier manufacturing, assembly, storage, warehousing, and other similar industrial activities, as well as adult uses, which may have negative impacts when located near residential or other sensitive land uses, and which may be developed at a maximum intensity of
0.55 FAR. This zoning district is intended to be located away from residentially zoned properties, public parks and schools, and mixed-use properties having a residential component. The IH zoning district is consistent with, and implements, the Industrial land use designation of the Policy Plan component of The Ontario Plan.
E. Specialized Use Zoning Districts.
1. CIV (Civic) Zoning District. The CIV zoning district is hereby established to accommodate permanent public facilities such as City Hall, public libraries, museums, public and private schools and colleges/universities, police and fire stations, and other similar facilities that require significant public investment and are utilized by the public. The CIV zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.
2. MHP (Mobile Home Park) Zoning District. The MHP zoning district is hereby established to accommodate communities consisting of mobile homes and manufactured housing at a density range of 5.1 to 8.0 dwelling units per acre. The MHP zoning district is consistent with, and implements, the Low-Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.
3. ONT (Ontario International Airport) Zoning District. The ONT zoning district is hereby established to accommodate Ontario International Airport and surrounding properties directly impacted by airport operations. This zoning district includes uses such as airport terminals (including commercial and service uses related to the terminals), car rental agencies, and airportrelated industrial, and delivery uses developed at a maximum overall zoning district intensity of
0.55 FAR. The ONT zoning district is consistent with, and implements, the Ontario International Airport land use designation of the Policy Plan component of The Ontario Plan.
4. OS-C (Open Space-Cemetery) Zoning District. The OS-C zoning district is hereby established to accommodate cemetery sites. Cemeteries provide visual open space, but not recreational opportunities, and have unique characteristics and activities that warrant a separate zoning designation to address their operational characteristics. The OS-C zoning district is consistent with, and implements, the Open Space-Nonrecreation land use designation of the Policy Plan component of The Ontario Plan.
5. OS-R (Open Space-Recreation) Zoning District. The OS-R zoning district is hereby established to accommodate open space uses such as public parks and recreation centers. The OS-R zoning district is consistent with, and implements, the Open Space-Parkland and Open Space-Water land use designation of the Policy Plan component of The Ontario Plan. 5058
Division 5.01—Zoning Districts and Boundaries
(Rev. 01.16.202412.03.2024) Page 5.01-10 Ontario Development Code
6. PUD (Planned Unit Development) Zoning District. The PUD zoning district is hereby established to accommodate projects that require master plan approval pursuant to The Ontario Plan Policy Plan, which focuses on the character of the development, relationship of uses, public and private access, parking, pedestrian facilities, building form, integration with the roadways and pedestrian ways, public spaces, landscaping, amenities, and unique product types. The PUD zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.
7. RC (Rail Corridor) Zoning District. The RC zoning district is hereby established to accommodate permanent rail or fixed transit corridors through the City and includes stations and ancillary facilities, railroad maintenance yards, and construction storage yards. The RC zoning district is consistent with, and implements, the Railroad land use designation of the Policy Plan component of The Ontario Plan.
8. SP (Specific Plan) Zoning District. The SP zoning district is hereby established to accommodate the adoption of Specific Plans pursuant to this Development Code. The SP zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.
9. UC (Utilities Corridor) Zoning District. The UC zoning district is hereby established to accommodate flood control channels, retention and detention basins, electrical transmission corridors and landfills, and may include ancillary recreational facilities, such as public trails in conjunction with the primary use of the site. The UC zoning district is consistent with, and implements, the Open Space-Nonrecreational land use designation of the Policy Plan component of The Ontario Plan.
F. Overlay Districts.
1. AG (Agriculture) Overlay Zoning District. The AG Overlay zoning district is hereby established to accommodate the continuation of agricultural uses within the City, on an interim basis, until such time that development is slated to occur consistent with the Policy Plan component of The Ontario Plan and the underlying zoning district. Furthermore, it is the intent of this overlay zoning district is to permit continued agricultural use of properties or to establish general agricultural uses, including dairies, which are appropriate for areas of concentrated agricultural uses. The AG Overlay zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.
2. EA (Euclid Avenue) Overlay Zoning District. The EA Overlay zoning district is intended to: [i] recognize, protect, and enhance the visual character and quality of Euclid Avenue as a major scenic and historic resource of the City; [ii] recognize and protect Euclid Avenue's position on the National Register of Historic Places; and [iii] recognize Euclid Avenue as a major contributor to Ontario's historic downtown area.
3. ES (Emergency Shelter) Overlay Zoning District. The ES Overlay zoning district is hereby established to accommodate Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers pursuant to the Housing Element of the Policy Plan component of The Ontario Plan, and GC Section 65583. The ES overlay district is consistent with, and implements, all land use designations of the Policy Plan component of The Ontario Plan.
4. MTC (Multimodal Transit Center) Overlay Zoning District. The MTC Overlay zoning district is hereby established to allow for the interim use of existing industrial buildings located in the Multimodal Mixed-Use land use designation, as shown on the Land Use Plan (Exhibit LU-01) of 5059
Division 5.01—Zoning Districts and Boundaries
Ontario Development Code Page 5.01-11 (Rev. 01.16.202412.03.2024) The Ontario Plan, with general industrial land uses allowed in the IG zoning district pursuant to Table 5.02-1 (Land Use Matrix) of this Division, while at the same time preserving the City's vision for the development of a multi-modal transit center and supporting mixed-use development. The MTC Overlay zoning district is consistent with, and implements, the Multimodal Mixed-Use land use designation of the Policy Plan component of The Ontario Plan.
5. ICC (Interim Community Commercial) Overlay Zoning District. The ICC Overlay zoning district is hereby established to allow for the interim use of existing commercial buildings, which are nonconforming as to zoning and/or land use. Property in the ICC Overlay zoning district shall be subject to the land use requirements of the CN and CC zoning districts, as shown in Table
5.02-1 (Land Use Matrix) of this Division, while at the same time preserving the City's long term vision for the development and use of property consistent with the underlying Policy Plan (general plan) land use designation. The ICC Overlay zoning district is consistent with, and implements, all land use designations of the Policy Plan component of The Ontario Plan.
6. AH (Affordable Housing) Overlay Zoning District. The AH Overlay zoning district is hereby established to facilitate housing opportunities within the City of Ontario by means of the implementation of required rezone programs pursuant to the City's adopted Housing Element, where required for compliance with State Housing Element law.
7. CNO (Chino Airport) Overlay Zoning District. The CNO zoning district is hereby established to: [i] delineate the Airport Influence Area (AIA) for Chino Airport as the boundary of the CNO Overlay zoning district; [ii] adopt an airport land use compatibility plan for Chino Airport that is consistent with the 2011 Caltrans Airport Land Use Planning Handbook solely to address impacts within the boundaries of the City of Ontario; and [iii] promote compatibility between Chino Airport and the land uses that surround it. Property in the CNO Overlay zoning district shall be subject to the requirements of Reference I (Chino Airport Land Use Compatibility Plan) of this Development Code, which includes maps, criteria, and policy language to guide development within the Chino Airport AIA.
5.01.010: Zoning Map Adoption
The City Council hereby adopts the official zoning map of the City, entitled "City of Ontario Zoning Map" (hereafter referred to as "Zoning Map"). The Zoning Map is hereby incorporated into this Development Code by reference and shall be maintained on file in the office of the Planning Department. The boundaries of the zones as set forth on the Zoning Map are confirmed, adopted, and established, and may be amended pursuant to the requirements of Section 4.01.040 (Zone Changes) of this Development Code.
5.01.015: Zoning District Boundaries
When uncertainty exists as to the boundary of a district shown on the Zoning Map, the following regulations shall control:
A. Where a boundary line is indicated as following a street or alley, the boundary line shall be construed as following the centerline of the right-of-way; B. Where a boundary line follows or coincides approximately with a lot line or property ownership line, the boundary line shall be construed as following the lot line or boundary line; 5060
Division 5.01—Zoning Districts and Boundaries
(Rev. 01.16.202412.03.2024) Page 5.01-12 Ontario Development Code C. Where the boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, unless specifically indicated by dimensions on the Zoning Map, the boundary line shall be determined based on the scale of the Zoning Map;
D. Where uncertainty exists, the Zoning Administrator shall determine in writing, the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map, the objectives of the Development Code, and the specific purposes for each district; and E. Where a street or alley is officially vacated or abandoned, the area within the area of vacated street or alley on each side of the centerline shall be classified in the same zoning district as the adjoining property.
5061
Ontario Development Code Page 5.02-1 (Rev. 01.16.202412.03.2024) Division 5.02—General Land Use Provisions
Sections:
5.02.000: Purpose
5.02.005: Applicability
5.02.010: Allowed Land Uses, Activities and Facilities
5.02.000: Purpose
The purpose of this Division is to identify those land uses, activities and facilities that may be established in conjunction with any buildings, improvements, lots, or premises that are privately owned, leased, operated, or controlled within the zoning districts established by Section 5.01.005 (Establishment of Base Zoning Districts) of this Development Code, and is to serve as a guide for the establishment of publicly owned land uses, activities and facilities (see Subsection 1.01.015.F (City Properties) of this Development Code.
5.02.005: Applicability
A. Land Use Matrix.
1. Land and facilities thereon shall be developed, divided, and/or used only for those activities and facilities listed in Table 5.02-1 (Land Use Matrix) of this Division. Table 5.02-1 (Land Use Matrix) establishes uses that are permitted, conditionally permitted, administratively permitted, or expressly prohibited, within the zoning districts established by Section 5.01.005 (Establishment of Base Zoning Districts) and identified on the Zoning Map established by Section 5.01.015 (Zoning Map Adoption) of this Chapter. A use that is not specifically allowed by Table 5.02-1 (Land Use Matrix) shall be deemed a prohibited use unless otherwise allowed by the Zoning Administrator pursuant to Subsection C (Land Uses, Activities and Facilities Not Addressed by the Land Use Matrix) of this Section. Notwithstanding any other provision of this Development Code, a medical marijuana dispensary, as defined in Division 9.01 (Definitions) of this Development Code shall be a prohibited use in all zoning districts of the City (see Section 5.03.295 (Medical Marijuana Dispensary) of this Chapter).
2. Table 5.02-1 (Land Use Matrix) further establishes a hierarchy of land uses, activities, and facilities, based upon the North American Industry Classification System (NAICS) — the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy — and identifies the NAICS code for each industry sector (2-number code), subsector (3-number code), group (4-number code), subgroup (5-number code), and use (6-number code), as they are applicable to the City, allowing the user to effectively reference the NAICS Association web site to obtain definitions for each industry, along with background information and access to various NAICS reference files and tools.
B. Land Use Regulations, Operating Conditions, and Development Standards. The "Additional Regulations" column of Table 5.02-1 (Land Use Matrix) references the location of regulations, operating conditions, and/or development standards that are applicable to the corresponding land uses, activities and facilities.
5062
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-2 Ontario Development Code C. Land Uses, Activities and Facilities Not Addressed by the Land Use Matrix. Land uses, activities, or facilities not addressed by Table 5.02.1 (Land Use Matrix) may be considered by the Zoning Administrator upon the request for a land use determination pursuant to Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code.
D. Specialized Use and Overlay Zoning Districts. Land uses, activities, and facilities within Specialized Use and Overlay Zoning Districts, which are not addressed in Table 5.02-1 (Land Use Matrix), shall be applied as follows:
1. PUD (Planned Unit Development) Zoning District. The PUD zoning district is established to accommodate the development and use of properties that require Planned Unit Development approval pursuant to Exhibit LU-05 (Additional Plans Map) of the Policy Plan component of The Ontario Plan. Land uses, activities, and facilities within the PUD zoning district shall only be allowed pursuant to the applicable Planned Unit Development document.
2. SP (Specific Plan) Zoning District. The SP zoning district is established to accommodate the adoption of Specific Plans pursuant to Exhibit LU-05 (Additional Plans Map) of the Policy Plan component of The Ontario Plan. All land uses, activities, and facilities within the SP zoning district shall only be allowed pursuant to the applicable Specific Plan document.
3. EA (Euclid Avenue) Overlay District. The EA Overlay District is established to protect Euclid Avenue as a major scenic and historic resource of the City. All land uses, activities, and facilities within the EA Overlay district shall be allowed pursuant to the requirements of the applicable underlying base zoning district.
4. ES (Emergency Shelter) Overlay District. The ES Overlay District is established to accommodate Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers within areas of the City predetermined by the Housing Element (contained within the Policy Plan component of The Ontario Plan), pursuant to GC Section 65583. Within the ES Overlay District, Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers are permitted by right of being within the correct zoning district, and are subject to the land use standards contained within Section 5.03.400 (Temporary Shelters) of this Chapter and the development standards and guidelines contained within (Division 6.01 (District Standards and Guidelines) of this Development Code, as applicable to the underlying base zoning district.
5. MTC (Multimodal Transit Center) Overlay District. The MTC Overlay District is established to allow for the interim use of existing buildings located within the overly district boundary (established pursuant to Paragraph 5.01.010.F.4 (MTC (Multimodal Transit Center) Overlay District) of this Development Code), while at the same time preserving the City's vision for development of a multi-modal transit center and supporting mixed-use development. To this end, the below-listed land uses shall be permitted within existing buildings located within the MTC Overlay District:
a. General warehousing, storage, and distribution trades; b. Wholesale trades;
c. Retail trades, limited to 15 percent of the building GFA or 8,000 SF, whichever is less;
d. Office administrative and business support services; and 5063
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-3 (Rev. 01.16.202412.03.2024) e. Other uses approved by the Zoning Administrator that are similar in nature to those uses listed in Subparagraphs B.5.a through d, above, provided all activities are wholly contained within the building and do not have the potential to negatively impact properties in the vicinity, or are consistent with the Vision and Policy Plan components of The Ontario Plan.
E. Mobile Business Activities not addressed by Table 5.02-1 (Land Use Matrix). Any mobile business activity that is not otherwise allowed pursuant to Table 5.02-1 (Land Use Matrix) of this Division, or has been allowed by the Zoning Administrator following a request for a use determination pursuant to Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code, shall be expressly prohibited.
5.02.010: Allowed Land Uses, Activities and Facilities
A. Land Use Matrix (Table 5.02-1) Symbols. Land and facilities thereon shall only be developed, divided and/or used for those activities listed in Table 5.02-1 (Land Use Matrix) of this Division. The symbols shown in the Land Use Matrix shall have the following meanings:
1. "P" (permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district, and is subject to each Development Code provision applicable to the specified zoning district and the standards for specific uses, activities, and facilities contained in Division 5.03 (Supplemental Land Use Regulations) of this Development Code.
2. "C" (conditionally permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section
4.02.025 (Conditional Use Permits) of this Development Code, and is subject to each Development Code provision applicable to the specified zoning district and the standards for specific uses, activities, and facilities contained in Division 5.03 (Standards For Specific Uses, Activities and Facilities).
3. "A" (administratively permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code, and is subject to Development Code provisions applicable to the specified zoning district and the standards for specific uses, activities and facilities contained in Division 5.03 (Standards For Specific Uses, Activities and Facilities).
4. "---" (prohibited) shall mean the land use, activity, or facility within the specified zoning district is expressly prohibited and shall not be allowed within the specified zoning district unless changed by Development Code Amendment.
B. Consistency with the Policy Plan (General Plan) Component of The Ontario Plan. No land use, activity or facility shall be permitted that is inconsistent with the objectives, polices, general land uses and programs specified in Policy Plan (General Plan) component of The Ontario Plan. A land use is consistent with The Ontario Plan if considering all of its aspects, it is found to further the objectives and policies of The Ontario Plan.
C. Table 5.02-1 (Land Use Matrix) Organization. The land uses addressed in Table 5.02-1 (Land Use Matrix) are organized as follows:
5064
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-4 Ontario Development Code NAICS Codes Land Uses, Activities and Facilities
Residential
Mixed Use
11 Commercial Agriculture
21 Mining, Quarrying, and Oil and Gas Extraction
22 Utilities
23 Construction
31-33 Manufacturing
42 Wholesale Trade
44-45 Retail Trade
48-49 Transportation and Warehousing
51 Information
52 Finance and Insurance
53 Real Estate, Rental and Leasing
54 Professional, Scientific and Technical Services
55 Management of Companies and Enterprises
56 Administrative and Support, and Waste Management and Remediation Services 61 Education Services
62 Health Care and Social Assistance
71 Arts, Entertainment and Recreation
72 Accommodation and Food Services
81 Other Services (except Public Administration)
92 Public Administration
Temporary and Interim Land Uses, Buildings and Structures 5065
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-5 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
RESIDENTIAL
Animal Keeping (as an accessory use)
Birds
• Fewer than 25 birds P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See residential animal keeping standards contained in Section 5.03.410 (Urban
Agriculture) • 25 to 100 birds C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- • More than 100 birds --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Cattle & Buffalo P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Exotic Pets C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- Horses P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Household Pets (limited to any combination of dogs, cats, potbellied pigs, rabbits, chinchillas, and other small, domesticated animals that are maintained for non-breeding purposes only) • 4 or fewer pets P P P P --- --- --- --- --- --- --- P P P P P P P P P P P --- --- --- --- --- P --- P --- --- --- --- --- See residential animal keeping standards contained in Section 5.03.410 (Urban
Agriculture) • 5 to 8 pets --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- • More than 8 pets --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- Llamas, Alpacas, Burros, Donkeys, and Mules P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Ostriches, Emus, and Rheas P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Poultry and Fowl P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Rabbits and Chinchillas P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Swine P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Sheep, Goats, and Similar Livestock P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Caretaker Quarters (excludes Caretaker Quarters established in conjunction with Self-Storage Facilities (NAICS 493190)) --- --- --- --- --- C C C C --- C --- --- --- --- --- --- --- --- --- --- --- C --- C C C P --- --- --- --- --- --- --- Community Gardens, Urban Farms, and Related Uses A A A A A A A A A A A **A A A A A A A A A A A A A A A A A A A --- A A --- A See community garden and urban farms standards contained in Section 5.03.410 (Urban
Agriculture)
** Use shall be prohibited on property located
along the Euclid Avenue Protection Corridor
(refer to Figure 5.01-2: MU-1 (Downtown
Mixed Use) Zoning District Land Use Map) for
locations.
Employee (Farmworker) Housing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.177 (Employee (Farmworker) Housing)
Home Occupations A A A A --- --- --- --- --- --- --- A A A A A A A A A A A --- --- --- --- --- A --- A --- --- --- --- --- See Section 5.03.240 (Home Occupations) Mobilehome Parks --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- See Section 5.03.295 (Mobilehome Parks) 5066
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-6 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
Residential Development Projects
Accessory Residential Structures (structures that are incidental to a primary single-family dwelling)
Accessory Dwelling Units P P P P --- --- --- --- --- --- --- P P P P P P P P P --- P --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.010 (Accessory Dwelling Units) Accessory Residential Structures (includes guesthouses, pool houses, freestanding recreation rooms, garages, carports, garden and tool sheds, and other ancillary buildings and structures determined appropriate by the Planning Director)
P P P P --- --- --- --- --- --- --- P P --- P --- P P P P P P --- --- --- --- --- P --- P --- --- --- --- --- See Subsection B (Accessory Residential Structures) of Section 5.03.011
Multiple-Family Dwellings --- --- P P --- --- --- --- --- --- --- P P --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Table 6.01-3 (Multiple-Family Residential Development Standards)
Single-Family Dwellings
• Traditional Single-Family Residential Subdivisions P P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-1 (Traditional Single-Family
Development Standards)
• Small Lot Traditional Single-Family Residential Subdivisions --- P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2A (Small Lot Traditional
Residential Development Standards)
• Small Lot Alley-Loaded Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2B (Small Lot Alley-Loaded
Residential Development Standards)
• Cluster Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2C (Cluster Single-Family
Residential Development Standards)
Small Lot Infill Subdivisions --- --- P P --- --- --- --- --- --- --- P P --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 6.01.010.F (Small Lot Infill Subdivisions)
Senior Citizen Housing Developments --- --- P P --- C C --- --- --- --- P --- --- P P --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.360 (Senior Citizen Housing Developments)
Single Room Occupancy (SRO) Facilities --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.370 (Single Room Occupancy (SRO) Facilities)
Supportive Housing P P P --- --- --- C --- --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- P C --- --- C --- --- --- --- --- --- See Section 5.03.405 (Transitional Shelters and Supportive Housing)
MIXED USES
Nonresidential Mixed-Use Developments (development projects containing a mix of commercial and light industrial uses in the same building or on the same site)
--- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Use Developments) Residential Mixed-Use Developments (development projects containing a mix of commercial and residential uses in the same building or on the same site)
--- --- --- --- --- C C --- --- --- --- P P P P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Use Developments) Work/Live Units --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.425 (Work/Live Units) 5067
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-7 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
11 COMMERCIAL AGRICULTURE
111 Commercial Crop Production and Farming (except community gardens, urban farms, and marijuana cultivation)
C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- P P P P P See Section 5.03.410 (Urban Agriculture) ** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure
5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Community Gardens A A A A A A A A A A A **A A A A A A A A A A A A A A --- --- A A A --- A A A A • Urban Farms A A A A A A A A A A A **A A A A A A A A A A A A A A A A A A --- --- A A A A • Marijuana Cultivation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See OMC Title 6, Chapter 18 for Marijuana Cultivation for Personal Use
112 Commercial Animal Production and Aquaculture
1121 Cattle Ranching and Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture) 1122 Hog and Pig Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1123 Poultry and Egg Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1124 Sheep and Goat Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 1125 Aquaculture (includes the cultivation of freshwater and saltwater fish, crustaceans, mollusks, aquatic plants, algae, and other organisms) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1129 Other Animal Production
112910 Apiculture (beekeeping and production) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- P --- --- --- P See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture) 112920 Horses and Other Equine Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 112930 Fur-Bearing Animal Production (limited to rabbits, chinchillas, and other similar small, fur-bearing animals)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 112990 All Other Animal Production, limited to the following:
• Kennels and Catteries (includes animals owned by the owner or occupant of the property, and those kept and/or boarded for remuneration)
[1] Fewer than 8 animals P --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- P --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture) and OMC Section 6-1.224 through
Section 6-1.228 regarding commercial kennel
licensing.
[2] 8 or more animals --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- C --- --- --- --- --- --- --- • Alpaca and Llama Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture) • Aviaries --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- • Ostrich, Emu, and Rhea Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 5068
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-8 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
115 Support Activities for Agriculture
115111
115112
115113
115114
115115
115116
Support Activities for Crop Production (includes cotton ginning; soil preparation, planting and cultivating; crop harvesting; postharvest crop activities; farm labor contractors and crew leaders; and farm management services)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 115210 Support Activities for Animal Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 21 MINING, QUARRYING, AND OIL AND GAS EXTRACTION
211 Oil and Gas Extraction --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 212 Mining (except oil and gas) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 213 Support Activities for Mining --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 22 UTILITIES
221 Utilities
2211 Electric Power Generation, Transmission and Distribution 221111 Hydroelectric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221112 Fossil Fuel Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- C --- --- --- --- 221113 Nuclear Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 221114,
221115
Solar and Wind Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- P --- --- --- --- --- C See Section 5.03.160 (Electric Power Generation, Solar and Wind)
221116,
221117,
221118
Geothermal, Biomass, and All Other Electric Power Generation (excepting solar and wind electric power generation)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221121
221122
Electric Power Transmission, Control and Distribution (includes power transmission and control, and power distribution)
C C C C C C C C C C C C C C C C C C C C C C C C C C C --- C C P C C C C 23 CONSTRUCTION
236,
237,
238
Contractors (limited to businesses whose primary activity is performing specific activities involved in building construction, engineering and capital improvement projects, or the preparation of sites for construction)
• Completely within a Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- • With Outdoor Storage (screened from public view) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading
Doors)
5069
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-9 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
31-33 MANUFACTURING
*** Boutique/Artisan Small-Scale and Micro Manufacturing Facilities (includes all types of small-scale businesses that produce tangible goods, such as but not limited to: textiles, hardware and hardware prototyping, woodworking, metal working, 3D printing, consumer product design and prototyping, nonalcoholic beverage production, local food production and packaging, soaps, perfumes and lotions.
Businesses may provide products directly to the consumer and/or to other businesses)
--- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- *** NAICS number shall be established based upon the primary manufacturing land use
type
See Section 5.03.037 (Artisan Small-Scale and
Micro Manufacturing Facilities)
311 Food Manufacturing
3111 Animal Food Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3112 Grain and Oilseed Milling --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3113 Sugar and Confectionery Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3115 Dairy Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3116 Animal Slaughtering and Processing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 3117 Seafood Product Preparation and Packaging --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 3118 Bread and Tortilla Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- See Section 5.03.085 (Bread and Tortilla Manufacturing)
3119 Other Food Manufacturing (including snack foods, roasted nuts and peanut butter, coffee and tea, flavoring syrup and concentrate, seasoning and dressing, spice and extract, and all other miscellaneous food manufacturing)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.190 (Food Manufacturing, Other)
312 Beverage and Tobacco Product Manufacturing
312111
312112
312113
Beverage Manufacturing (including soft drink, bottled water and ice manufacturing; however, excludes alcoholic beverage manufacturing) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 312120
312130
312140
Alcoholic Beverage Manufacturing (including breweries, wineries and distilleries, and related tasting rooms)
• GFA less than 10,000 SF --- --- --- --- --- --- C C C --- --- A A A A --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.023 (Alcoholic Beverage Manufacturing) • GFA 10,000 or More SF --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- 3122 Tobacco Products Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- 313 Textile Mills (transforms basic fiber into fabric) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 314 Textile Product Mills (transforms fabric into product, except apparel) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 315 Apparel Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.035 (Apparel Manufacturing) 316 Leather and Allied Product Manufacturing
3161 Leather and Hide Tanning and Finishing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 5070
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-10 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
3162 Footwear Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.195 (Footwear Manufacturing) 3169 Other Leather and Allied Product Manufacturing (limited to manufacturing of luggage, handbags, purses, personal leather goods and other leather products)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.255 (Leather and Allied Product Manufacturing, Other)
321 Wood Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 322 Paper Manufacturing
3221 Pulp, Paper, and Paperboard Mills --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3222 Converted Paper Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- --- --- --- --- --- 323 Printing and Related Support Activities --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 324 Petroleum and Coal Products Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 325 Chemical Manufacturing
3251 Basic Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3252 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- 3253 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing 325311 Fertilizer Manufacturing with on-site composting --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Section 5.03.187 (Fertilizer Manufacturing from Manure Operations (FMMO)); and
Section 5.03.415 (Waste Treatment and
Disposal—Composting and Anaerobic Digestion
Facilities)
325314 Fertilizer Manufacturing without on-site composting (limited to mixing of purchased materials)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- 325320 Pesticide and Other Agricultural Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 3254 Pharmaceutical and Medicine Manufacturing (excludes biological product manufacturing—see NAICS 325414, below)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C P --- --- --- P --- --- --- --- See Section 5.03.325 (Pharmaceutical and Medicine Manufacturing)
325414 Biological Product (except diagnostic) manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3255 Paint, Coating, and Adhesive Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3256 Soap, Cleaning Compound, and Toilet Preparation Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 5.03.375 (Soap, Cleaning Compound, and Toilet Preparation
Manufacturing)
3259 Other Chemical Product and Preparation Manufacturing 325910 Printing Ink Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 325920 Explosives Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 325991 Custom Compounding of Purchased Resins --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 325992 Photographic Film, Paper, Plate, and Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 5071
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-11 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing (such as: activated carbon and charcoal, antifreeze preparations, electronic cigarette vapor refills, industrial salt, lighter fluids (e.g., charcoal, cigarette), matches and matchbooks, pyrotechnics (e.g., flares, flashlight bombs, signals), sugar substitutes (i.e., synthetic sweeteners blended with other ingredients) made from purchased synthetic sweeteners, swimming pool chemical preparations, and writing inks)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 326 Plastics and Rubber Products Manufacturing
3261 Plastics Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- See Section 5.03.335 (Plastics Product Manufacturing)
3262 Rubber Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 327 Nonmetallic Mineral Product Manufacturing (except glass and glass product manufacturing)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 327211
327212
327213
327215
Glass and Glass Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 331 Primary Metal Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 332 Fabricated Metal Product Manufacturing
3321 Forging and Stamping --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- P --- --- --- --- 3322 Cutlery and Hand Tool Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- P --- --- --- --- See Section 5.03.135 (Cutlery and Hand Tool Manufacturing)
3323 Architectural and Structural Metals Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- --- 3324 Boiler, Tank and Shipping Container Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 3325 Hardware Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- P --- --- --- --- See Section 5.03.235 (Hardware Manufacturing) 3326 Spring and Wire Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- --- --- --- --- --- See Section 5.03.385 (Spring and Wire Product Manufacturing)
3327 Machine Shops, Turned Product, and Screw, Nut and Bolt Manufacturing
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- P --- --- --- --- See Section 5.03.260 (Machine Shops, Turned Product, and Screw, Nut and Bolt
Manufacturing)
3328 Coating (e.g., anodizing, electroplating, etc.), Engraving, Heat Treating, and Allied Activities (except painting, powder coating, and polishing metal and metal products for the trade)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 332812 Painting, Powder Coating and Polishing Metal and Metal Products for the Trade
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- --- 3329 Other Fabricated Metal Product Manufacturing
332911
332912
329913
332919
Metal Valve Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 5072
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-12 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
332991 Ball and Roller Bearing Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- P --- --- --- --- 332992 Small Arms Ammunition Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 332993 Ammunition (except Small Arms) Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing, limited to the following:
• Small Arms Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- • Other Ordnance and Accessories Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 332996 Fabricated Pipe and Pipe Fitting Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing (such as: foil containers (except bags), industrial patterns, metal hair curlers, metal ironing boards, metal pallets, metal pipe hangers and supports, metal safes, metal vaults (except burial), permanent metallic magnets, portable metal ladders, sanitary ware (e.g., bathtubs, lavatories, sinks), metal and enameled metal, and steel wool) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 5.03.185 (Fabricated Metal Product Manufacturing, All Other Miscellaneous)
333 Machinery Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- --- 334 Computer and Electronic Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- See Section 5.03.115 (Computer and Electronic Product Manufacturing)
335 Electrical Equipment, Appliance, and Component Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- See Section 5.03.165 (Electrical Equipment, Appliance, and Component Manufacturing)
336 Transportation Equipment Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 337 Furniture and Related Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.215 (Furniture and Related Product Manufacturing)
339 Miscellaneous Manufacturing
3391,
3399 Medical Equipment and Supplies; Jewelry and Silverware; Sporting and Athletic Goods; Dolls, Toys and Games; Office Supplies; Signs; and All Other Miscellaneous Manufacturing
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.265 (Manufacturing, Miscellaneous)
42 WHOLESALE TRADE
423 Merchant Wholesalers, Durable Goods
4231 Motor Vehicles and Motor Vehicle Parts and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- P --- --- --- --- 4232 Furniture and Home Furnishings --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 4233 Lumber and Other Construction Materials --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 4234 Professional and Commercial Equipment and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- 4235 Metals and Minerals (except Petroleum) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 4236 Household Appliances, and Electrical and Electronic Goods --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 4237 Hardware and Plumbing, and Heating Equipment and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 5073
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-13 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
4238 Machinery, Equipment and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 4239 Miscellaneous Durable Goods --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 423910 Sporting and Recreational Goods and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 423920 Toy and Hobby Goods and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 423930 Recyclable Materials (includes wholesale activity only; refer to NAICS 562920 (Material Recovery Facilities) for recovery/processing (recycling) activities)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C P --- --- --- --- --- --- --- --- 423940 Jewelry, Watches, Precious Stones, and Precious Metals --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 423990 Other Miscellaneous Durable Goods, excepting ordnance and accessories (includes uses such as: firearms (except sporting), musical instruments, prerecorded audio and video tapes and discs, phonograph records, prerecorded compact discs (CDs) and digital video discs (DVDs), and timber and timber products (except lumber)) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 424 Merchant Wholesalers, Nondurable Goods (excludes industrial gases, petroleum bulk stations and terminals, and fireworks and explosives merchant wholesalers)
4241 Paper and Paper Product Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4242 Drugs and Druggists' Sundries Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4243 Apparel, Piece Goods, and Notions Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4244 Grocery and Related Product Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4245 Farm Product Raw Materials Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4246 Chemical and Allied Product Merchant Wholesalers, except as listed below: --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 424690 Explosives and Fireworks --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 424690 Industrial Gases and Liquefied Gases (except petroleum gas) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 424690 Welding Gases --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 4247 Petroleum and Petroleum Products Merchant Wholesalers, as listed below:
424710 Petroleum Bulk Stations and Terminals --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 424720 Petroleum and Petroleum Products (except bulk stations and terminals) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 4248 Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4249 Miscellaneous Nondurable Goods Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 425 Wholesale Trade Agents and Brokers
425120 Automobile auctions (wholesale auctions only) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 5074
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-14 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.