Comply with Paragraph
8.01.020.C.1 (Monument Signs)
of this Division.
F. SPECIAL USE ZONING DISTRICTS (excepting those "Specialty Signs" listed in Subsection F (Standards for Specialty Signs) of this Table) 653
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Sign Classification Sign Type, Maximum Number,
and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations
1. Agriculture Residential Uses: Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
Retail Commercial and Office Uses: Rely upon the sign standards for retail commercial and office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
Industrial Uses: Rely upon the sign standards for single-family residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
2. Civic Rely upon the sign standards for office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
3. Mobile Home Park One monument sign per street
frontage.
24 SF per sign face. 6 FT [1] Non-illuminated or indirect illumination only.
[2] Signs shall not be located
within a required setback
area.
4. Ontario International
Airport
a. Temporary Signs
▪ Real Estate Signs One freestanding or wall sign
per parcel.
24 SF per sign face. 7 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 5 days following the sale
or lease of the last unit, or final
Building Department
inspection.
▪ Window Signs and
Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor of
a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the interior
of a building that are located
within 3 FT of a storefront
window and are visible from
the building exterior shall be
deemed a window sign.
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Ontario Development Code Page 8.01-23 (Rev. 01.16.202412.03.2024) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum Number,
and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations ▪ On-Site Signs and
Banners
One wall-mounted sign or
banner per business.
50 SF per sign face.
b. Permanent Signs
▪ Wall Signs As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
▪ Monument Sign As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
▪ Wayfinding and
Directional Signs
As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
▪ Billboards Three LED signs and three
static message signs.
LED Signs: 675 SF per sign face.
Static Signs: 250 SF per sign
face.
Total Sign Area: The combined
area of all billboard signs shall
not exceed 2,500 SF.
LED Signs: 35 FT
Static Signs: 35 FT
LED Signs: 48 FT
Static Signs: 11 FT
All billboard signs shall be
located in close proximity to
the terminals and/or rental car
area of the airport.
5. Open Space—
Cemetery
As determined appropriate by the Planning Director.
6. Open Space—
Recreation
As determined appropriate by the Planning Director.
7. Rail Corridor As determined appropriate by the Planning Director.
8. Utilities Corridor As determined appropriate by the Planning Director.
G. STANDARDS FOR SPECIALTY SIGNS (Note: The below-listed standards are for the placement of permanent signs. Refer to the general zoning district standards contained in this table for the standards for temporary sign standards)
1. Fuel Sales (Service
Stations) Signs
a. Wall Signs One primary wall sign per
building elevation, not to
exceed 3 signs.
50 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Not to exceed 80% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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Sign Classification Sign Type, Maximum Number,
and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations b. Fuel Island Canopy
Sign
One fuel island canopy sign
per elevation, not to exceed 2
signs.
16 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic logos/icons
may be installed in place of
alphanumeric characters.
4 FT graphic logos/icons in
place of alphanumeric
characters.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
c. Fuel Pump
Identification
One logo/icon identification
sign per fuel pump face, not to
exceed 2 signs per pump.
2.25 SF 1.5 FT graphic logo/icon
d. Monument Signs One monument fuel pricing
sign per street frontage.
[1] 25 SF per sign face.
[2] 50 SF per sign face, when
combined with business
identification signage.
7 FT Comply with Paragraph
8.01.020.C.1 (Monument Signs)
of this Division.
2. Drive-Thru Restaurant
Signs
a. Wall Signs One wall sign per building
elevation, not to exceed 3
signs.
25 SF per sign face. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
b. Menu Boards One pre-order board and one
order board per business.
36 SF per sign face. 6 FT (freestanding)
c. Monument Signs One monument sign per
business.
50 SF per sign face. 6 FT Comply with Paragraph
8.01.020.C.1 (Monument Signs)
of this Division.
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Ontario Development Code Page 8.01-25 (Rev. 01.16.202412.03.2024) C. Freestanding Signs. The following requirements apply generally to the design and placement of freestanding signs, including monument signs and freeway signs, and the use of electronic message or text display:
1. Monument Signs. Any freestanding sign that identifies: [i] a residential subdivision; [ii] a multiple-family or mixed-use development project; [iii] an individual building on an individual lot containing one or more nonresidential uses; or [iv] a center or complex consisting of 2 or more buildings containing one or more nonresidential uses per building, shall be designed as a monument sign, which complies with the following:
a. Table 8.01-1 (Sign Regulation Matrix) of this Division establishes the number, location, area, height, and additional regulations applicable to monument signs. b. The minimum letter height shall be 8 inches.
c. Monument signs for centers/complexes shall be limited to the display of the name of the center/complex and the identification of a maximum of 7 tenants within the center/complex.
d. Monument signs shall have a maximum of 2 sign faces. e. Monument signs may be oriented toward arterial, collector and/or local streets, or private drives, and shall not be oriented toward freeways. f. No monument sign shall be located within a public right-of-way and must be wholly located behind the right-of-way line (street property line) for its full height. Furthermore, such signs shall be located a minimum of 10 FT behind the adjacent curb face (public and private streets). g. A monument sign shall be located a minimum of 30 FT from a monument sign on an adjacent lot, and a minimum of 5 FT from an interior property line or driveway that intersects a public street.
h. Monument signs shall contain an address (or range of addresses) identifying the property on which the sign is located. Address numbers shall be a minimum of 6 inches in height and shall be clearly visible from the adjacent public street. The area of the address numerals shall not be calculated against the allowed sign area.
i. Unless otherwise specifically prohibited by Table 8.01-1 (Sign Regulation Matrix) of this Division, a monument sign may be internally or externally illuminated, provided that the illumination is not harsh or overly bright. Signs shall consist of individual letters/characters affixed to an opaque, matte finished background. The sign background shall not be internally illuminated; only letters/characters shall be internally illuminated.
2. Freeway Signs. Freeway signs may be allowed on lots with property lines that are common with the right-of-way of Interstate 10, Interstate 15, or State Route 60 freeways, which have at least 600 linear FT of freeway frontage, and are subject to the following:
a. Table 8.01-1 (Sign Regulation Matrix), above, establishes the number, location, area, height, and additional regulations applicable to freeway signs. 657
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(Rev. 01.16.202412.03.2024) Page 8.01-26 Ontario Development Code b. The maximum vertical or horizontal dimension of any freeway sign display surface is 25 FT.
c. A freeway sign shall be placed a minimum of 600 FT from any other freeway sign on the same property or on an adjacent property and shall be placed no further than 40 FT from the freeway right-of-way.
d. Freeway signs shall consist of no more than 2 faces unless alternative configurations are approved by the Planning Commission. e. No tentative tract or parcel map, or lot merger shall be granted, which would result in the consolidation of multiple lots into a single lot with freeway signs in excess of the maximum number, location, area, and/or spacing of signs prescribed by this Section. f. A freeway sign shall be placed no closer than 10 FT to an interior property line, drive aisle, or private drive.
g. A digital freeway sign with electronic display shall be permitted on public and/or private property subject to City Manager review and approval of the following:
(1) Approval of the digital freeway sign shall be subject to the approval of a Digital Sign and Billboard Removal Agreement between the City and the property owner; (2) A minimum of 2 existing, legal nonconforming billboards shall be removed, both of which must be currently located within the City; (3) The area is developed with a legally established permitted land use; (4) The proposed sign would not create a traffic or safety problem with regard to on-site access, circulation, or visibility;
(5) The proposed sign would not interfere with on-site parking or landscaping required by City ordinance or permit;
(6) The property has at least 600 linear FT of freeway frontage; (7) The proposed sign will display both public and private information; (8) The overall design of the sign, including massing, proportion, and scale shall be subject to review and approval of a Sign Permit, and (9) For projects of regional significance as determined by the City Manager, the relocation of billboards may be waived and recommended for review by the City Manager to the City Council.
3. Electronic Message Center. An Electronic Message Center may be incorporated into a freeway sign for a public or private school; public facility or service; convention centers, arenas and other similar places of assembly; and auto malls and shall be subject to review and approval by the Planning Commission. An Electronic Message Center shall comply with the following requirements:
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Division 8.01— Sign Regulations
Ontario Development Code Page 8.01-27 (Rev. 01.16.202412.03.2024) a. The Electronic Message Center display shall not include any message or pictorial that is in motion or appears to be in motion; b. The Electronic Message Center display shall not change the intensity of illumination;
c. The Electronic Message Center display shall not change the message or pictorial more than once every 4 seconds;
d. No Electronic Message Center shall be placed within 1,000 FT of another Electronic Message Display located on the same side of the freeway; and e. An Electronic Message Center shall only advertise the business conducted, services rendered, or goods produced or sold upon the property on which the display is placed.
4. Electronic Text Display. An Electronic Text Display may be incorporated into a monument sign to facilitate a fuel pricing sign required pursuant to BPC Sections 13530 through 13540, or for the purpose of providing messages and information related to public or private schools, government facilities, facilities for religious assembly, theaters, convention centers, arenas, and other similar places of assembly. An Electronic Text Display shall comply with the following requirements:
a. An Electronic Text Display shall not include any pictorial display; b. An Electronic Text Display shall not change the intensity of illumination; c. An Electronic Text Display shall not change the message more than once every 4 seconds;
d. No Electronic Text Display shall be placed within 600 feet of another Electronic Text Display located on the same side of the street, excepting fuel pricing signs provided pursuant to BPC Sections 13530 through 13540; and
e. An Electronic Text Display shall only advertise the business name, and events and services conducted on the property upon which the Electronic Text Display is installed.
D. Building Wall and Fascia Signs.
1. Wall and/or fascia signs shall consist of individual channel letters placed flat against the exterior wall or parapet of a building, or suspended from the building eaves or overhang, or from the ceiling of a covered walkway, and having an overall depth of no more than 12 inches. A suspended sign shall have a clear space of at least 8 FT between the bottom of the sign and the surface of any walkway that may pass under the sign.
2. Acceptable wall and/or fascia sign designs include one or more of the following elements:
a. Halo lit channel letters;
b. Standard channel letters;
c. Front and halo lit channel letters;
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(Rev. 01.16.202412.03.2024) Page 8.01-28 Ontario Development Code d. Pin mounted sandblasted, textured, and/or burnished metal-leaf faced letters; e. Signs mounted to hard canopies, eyebrows, or other projecting architectural elements, such as screens, grids or mesh, or etched, polished, patina or abraded materials; and/or f. Mixed media signs (utilizing the designs described in Subparagraphs D.1.2.a through e, above), incorporating imagery and icons/logos. Although simple rectangular cabinet signs are generally not allowed, mixed media signs may be composed of several elements, one of which may be a sculptured cabinet; however, the cabinet sign shall not exceed 25 percent of the total sign area of each sign.
3. Wall and/or fascia signs may be located on an exterior building elevation that:
[i] fronts/faces a public street, or [ii] faces an interior side or rear of a site, and contains a public entrance, pursuant to the standards prescribed by Table 8.01-1 (Sign Regulation Matrix), of this Section.
4. The characters that comprise a sign shall not occupy more than 75 percent of the length of the building wall or fascia upon which it is placed.
5. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the Zoning Administrator may grant a waiver from this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.
6. Electrical raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed.
7. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. The Zoning Administrator may modify this requirement in special circumstances where a projection greater than 12 inches may be desirable to allow the creation of an especially creative and unique sign design.
8. Signs shall not be placed to obstruct any portion of a window or cover architectural elements, such as cornices, transom windows, vertical piers and columns, and similar elements.
E. Address Signs Required. The City finds that it is in the interest of public safety that all street addresses be clearly visible. Unless otherwise authorized in writing by the Police and Fire Departments, all permanent structures within the City shall display street address numerals of a size, color, and location, which are clearly visible from a public right-of-way. Address signs shall not count toward the maximum sign area allowed by this Division.
F. Sign Programs.
1. A Sign Program may be allowed pursuant to Section 4.02.075 (Sign Programs) of this Development Code, for the purpose of:
a. Providing coordinated signing within a development project; 660
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c. Integrating the design of signs with the context of the building and landscape design, to form a unified architectural statement.
2. A Sign Program may allow certain deviations from the standards prescribed by Table
8.01-1 (Sign Regulation Matrix) of this Division, limited to: [i] a 20 percent increase in maximum sign area, [ii] an increase in the maximum number of signs allowed, and [iii] the use of decorative exposed neon.
In approving such deviation(s), the following findings must be clearly established:
a. The Plan's contribution to the overall design quality of the site and the surrounding area will be superior to the quality that would otherwise result under regulations normally applicable to the site;
b. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and c. Any deviations from the standards prescribed by Table 8.01-1 (Sign Regulation Matrix) of this Development Code are fully consistent with the purposes of this Development Code.
3. A Sign Program may allow the use of complex-shaped (i.e., Polyhedron) sculptured cabinets if dimensional elements are also incorporated, such as burnished metal-leaf faced letters that are pin mounted from the cabinet face, or decorative exposed neon.
G. Street Banners and Street Banner Programs.
1. Street Banners.
a. No street banner, flag, pennant, or street decoration shall be placed or installed over and/or above any street or other public thoroughfare, without first obtaining City Manager approval, and the issuance of an encroachment permit by the City Engineer. b. No person, either as principal, agent, or otherwise, shall hang or suspend any street banner above any street or other public thoroughfare, or cause the same be done, unless a Street Banner Program has approved pursuant to the requirements of Paragraph G.2 (Street Banner Programs) of this Section.
c. A street banner, flag, pennant, or street decoration shall be safely suspended not less than 17 FT above a public street, upon approval of the City Engineer and Building Official. d. A street banner, flag, pennant, or street decoration shall not contain the name or designation of any individual, firm, or corporation as an advertisement for private gain. e. A street banner, flag, pennant, or street decoration shall not remain in place longer than 30 days from the date permission is granted by the City Manager pursuant to Subparagraph G.1.a of this Section.
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(Rev. 01.16.202412.03.2024) Page 8.01-30 Ontario Development Code f. The Building Official shall, upon receipt of the required application, issue a permit for the erection and maintenance of a street banner, flag, pennant, or street decoration, according to [i] the terms of the City Manager's approval, [ii] the encroachment permit issued by the City Engineer, and [iii] the Street Banner Program described in Paragraph G.2 (Street Banner Programs), below (if required).
2. Street Banner Programs. A Street Banner Program shall be subject to review and approval by the Zoning Administrator, and must adhere to the following guidelines:
a. Application. The street banner program application shall contain the following minimum information:
(1) Street Banner Design— A fully dimensioned plan that clearly depicts the street banner design, materials, colors, and letter style; (2) Street Banner Elevations— A fully dimensioned elevation drawing(s) depicting streetlight poles with each proposed banner type attached; (3) Street Banner Location— A site plan drawn to scale, which depicts the specific location of each proposed street banner and the affected streetlight poles; and (4) Equipment— All hardware and bracketry necessary for mounting the proposed street banner(s) to the affected streetlight poles, which shall meet or exceed City specifications.
b. Private Business Recognition. Private sponsorship of street banners shall only be permitted in association with an approved street banner program, with identification of the sponsor regulated as follows:
(1) Placement— The street banner sponsor may be identified on each street banner by lettering no greater than 6 inches in height, which runs the width of the banner, and covering no more than 10 percent of the banner area;
(2) Font— A uniform font type, style, size, and color shall be used for banner sponsor names within a given banner program; and
(3) Graphics— There shall be no private logos or trademark graphics allowed.
c. Maintenance. At a minimum, street banners shall be removed for cleaning annually, and shall be removed for repair or replacement when worn, torn, or faded. The City may require that street banners be alternated seasonally (3 to 4 times per year). Furthermore, Street banners shall be removed for repair or replacement when worn, torn, or faded.
H. Awnings and Canopies, and Outside Umbrellas.
1. As a design feature of any building, structure, or business establishment, all awnings and canopies, and outside umbrellas, shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed, erected, or installed.
2. Awnings and canopies that contain advertising shall be counted toward the total allowable signing for the business that it serves.
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3. Umbrellas shall not contain advertising.
4. The use of backlit awnings and/or canopies shall be prohibited.
I. Accent Lighting.
1. As a design feature of any building, structure, or business establishment, all accent lighting shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed or installed. Accent lighting should be limited to confined areas, such as building entries, architectural features, or used to reinforce specific architectural elements, such as tower and cornice elements.
2. Accent lighting elements and luminaires placed directly on a building façade shall be shielded. Lighting elements and luminaires placed directly on a building façade so as to be directly exposed to public view, is prohibited.
J. Construction, Installation and Maintenance.
1. Construction. The construction and installation of signs shall be enforced and administered by the Building Official. All signs and advertising structures shall be designed and constructed to withstand wind loads, dead loads, and lateral forces as required by the City's Building Code and the provisions of this Division.
2. Identification. Every sign or other advertising structure hereafter erected in the City shall have an identifying number, name of erector, installation year and, if illuminated, the voltage plainly placed on the exterior surface of the sign body, in a location where the information is readily visible after erection and installation.
3. Illumination.
a. General Requirements.
(1) Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratory (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.
(2) Awnings with back-lighting are prohibited.
(3) Light sources (luminaires) used for externally illuminated signs shall not be visible within 100 FT of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of 11:00PM and 6:00AM, unless they identify an establishment open for business during those hours. (4) Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding 15 watts, and the brightness of luminous or backlit signs shall not exceed 250 footlamberts (fl).
b. Internally Illuminated Signs. The illumination level of a sign shall be reduced if it is determined to be excessive as a result of City evaluation. Illumination shall be considered excessive if the illumination level:
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(Rev. 01.16.202412.03.2024) Page 8.01-32 Ontario Development Code (1) Is substantially greater than the illumination level of other nearby signs; (2) Interferes with the visibility of other signs, or with the perception of objects or buildings in the vicinity of the sign;
(3) Directs glare toward streets or motorists;
(4) Adversely impacts nearby residents or residential neighborhoods; and/or
(5) Reduces the nighttime readability of the sign.
c. Externally Illuminated Signs. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face, and away from streets and adjacent properties.
4. Maintenance. All signs, together with their supports and appurtenances, shall be kept neatly painted and posted. The Zoning Administrator, Building Official, or Code Enforcement Director may order the removal of any sign that is not maintained in accordance with the provisions of this Division.
K. Political Signs.
1. Purpose.
a. The purpose of these political sign regulations is to identify the compatibility between the utilization of political signs, the protection of the right to privacy of individuals, and the quiet and undisturbed enjoyment of property.
b. It is recognized that there have been abuses in the placement of political signs within the City, including: [i] trespassing upon private property; [ii] placement of political signs without permission from the property owner; [iii] placement of political signs in such a fashion as to make it difficult to remove them; [iv] littering caused by dislodged political signs; [v] sight distance hazards to traffic due to sign size and location; [vi] distracting appearance; [vii] aesthetically displeasing impact; [viii] unnecessary proliferation; and [ix] other reasons, all of which are determined to be contrary to the best interests of the community, and in opposition to the public health, safety and welfare. c. The reasonable regulation of political signs will obviate many of the objections that have been raised to the unregulated placement of such signs. d. It is recognized that to the extent that placement of political signs is not contrary to the purposes stated herein, it is in the best interests of the City and its inhabitants to allow political expression, and, for that reason, it is but to avoid the total prohibition of such signs. e. It is believed that responsibility for the placement of political signs should lie with the candidate for public office, the proponents and opponents of ballot measures, and the various political committees connected therewith. It is recognized that political signs are printed by, or at the direction of, those listed herein, and that the ultimate responsibility for the distribution of such signs and their placement lies with them.
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2. Definition. The term "political sign," as used herein, means any election or nonelection sign, advertising structure, or display, which 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.
3. Political Sign Registration. Pursuant to BPC Section 5405.3, any candidate (or their designee) or the proponents of a ballot measure who seek to utilize political signs, shall first file a Statement of Responsibility with the Code Enforcement Department, on a City registration form. The registrant shall be responsible for removing the temporary political sign and may be required to reimburse the City for any cost incurred for temporary political sign removal.
4. Permitted Signs. Political signs, as herein defined, shall be permitted within any zoning district subject to compliance with all of the rules and regulations set forth in Paragraph K.5 (Regulations) herein.
5. Regulations.
a. No provision in this Development Code shall be so construed as to prohibit the placing of temporary political signs.
b. No political sign shall be installed or displayed sooner than 45 days preceding the election for which the sign is intended.
c. No political sign shall exceed 16 SF in total area, except that a double-faced sign, not exceeding 16 SF on each side, shall be permitted. d. No political sign shall exceed an overall height of 8 FT, except if such sign shall be within an enclosed building or structure.
e. No candidate for public office, proponent or opponent of ballot measures, and/or any political committees connected therewith, shall post more than one political sign per lot or parcel.
f. No political sign shall be lighted either directly or indirectly. g. No political sign shall be placed on private property, vacant or otherwise, without the permission of the owner of the property.
h. No political sign shall be placed or affixed to a tree, fence, post, utility pole, or any structure, by glue, nails, or screws.
i. No political sign shall be posted on any public property or in the public right-of- way.
j. No political sign shall be placed within the right-of-way of any highway, or with 660 FT of the edge of, and visible from, the right-of-way of a landscaped freeway. k. No political signs shall be posted in violation of any other provisions of this Development Code.
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(Rev. 01.16.202412.03.2024) Page 8.01-34 Ontario Development Code l. All political signs shall be removed within 10 days following the date of the election for which the sign was intended.
6. Removal of Illegally Placed Political Signs. The Building Official or Community Improvement Manager may cause the removal of any sign placed contrary to any provision of the Political Sign provisions contained herein (commencing with Subsection K (Political Signs) of this Section).
8.01.025: Design Guidelines
A. Introduction.
1. The following design guidelines are intended as a reference to assist the designer in understanding the city's goals and objectives for high quality sign design, construction, and placement throughout the city. These guidelines are intended to complement the mandatory standards contained in Section 8.01.020 (Sign Standards) of this Division, by providing good examples of potential design solutions and by providing design interpretations of the various mandatory requirements.
2. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the city's review of a sign program or sign plan to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the designer. Nonetheless, unless there is a compelling reason, these design guidelines shall be observed.
B. General Guidelines.
1. Use a Brief Message. The fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner and is more attractive. A sign should only include the name and/or nature of the business, and in addition to the name, may contain a maximum of three words describing the business or service provided.
2. Avoid Overly Intricate Fonts. Signs utilizing very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively.
3. Avoid Faddish and Peculiar Fonts. Signs utilizing faddish or peculiar fonts may look good today, but soon go out of style. The image conveyed may quickly become that of a dated and unfashionable business.
4. Sign Colors and Materials. The colors and materials of a sign should be selected so that they contribute to sign legibility and design integrity. Even the most carefully thought out sign may be unattractive and a poor communicator because of poor color selection. Dayglow, fluorescent, and overly bright or loud colors should not be used.
5. Provide Contrast Between Background and Letters/Symbols. Use significant contrast between the sign's letter/symbol color and its background color. If there is little contrast in the hue (shade or tint) and intensity (brightness) between the background and letter/symbol colors, it will be difficult to read.
6. Avoid Too Many Different Colors. The use of too many different colors will overwhelm the basic function of communication. The colors compete with sign content for the 666
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Ontario Development Code Page 8.01-35 (Rev. 01.16.202412.03.2024) viewer's attention. The limited use of accent colors can increase legibility, while large areas of competing colors tend to confuse and annoy.
7. Sign Placement. Generally, building wall and fascia signs should be located within the middle 75 percent of the building frontage, measured from tenant line to tenant line for multiple tenant buildings, and measured across the full width of the building elevation for single tenant buildings. The Zoning Administrator shall have the authority to modify this requirement where it can be shown that:
a. The directed placement would severely limit proper sign placement; or b. The directed placement would be contrary to the sign placement approved by a Development Plan.
8. Proportion, Scale and Rhythm of Sign Placement. Signs should be placed consistent with the proportions and scale of building elements within a building's facade:
a. A particular sign may fit well on a large, plain wall area, but would overpower the finer scale and proportion of the lower storefront. b. Signs can be used to establish facade rhythm, scale, and proportion where such elements are weak in the building design. On buildings having a monolithic or plain facade, signs can be used to establish or continue appropriate design rhythm, proportion, and scale. c. The proportion of letter area to sign background area should be carefully considered. If the letters take up too much of the background area, they may be harder to read — large letters are not necessarily more legible than smaller ones. d. Generally, the characters that comprise a sign should not occupy more than 70 percent of the area of a sign's background.
9. Pedestrian Signs. Signs oriented to pedestrians should be smaller in scale. The pedestrian -oriented sign is usually read from a distance of 15 to 20 feet, whereas the vehicle-oriented sign is designed to be viewed from a much greater distance. The closer the sign's viewing distance, the smaller the sign needs to be.
10. Freestanding Signs. Freestanding signs should incorporate the materials and architectural features used in the building(s) they serve.
C. Building Wall and Fascia Signs.
1. Building wall and fascia signs should be compatible with the predominant visual elements of the building. Commercial centers and offices, industrial parks, business parks, and other similar facilities, are required to be part of a sign program in accordance with the provisions of Section
4.02.080 (Sign Programs) of this Development Code.
2. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs should be complementary to one another in the following ways:
a. Type of construction materials (sign copy, supports, etc.); 667
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(Rev. 01.16.202412.03.2024) Page 8.01-36 Ontario Development Code b. Letter size and style of copy;
c. Method and design of sign support (wall mounting or monument base); d. Configuration of sign area; and
e. Proportion of sign copy area to background.
3. Lighted signs, whether internally or externally illuminated, are permitted; provided, they are not harsh or overly bright. Can-type box signs with translucent backlit panels should not be used.
4. Signs with backlit or internally illuminated individual channel letters are strongly encouraged.
D. Freestanding Signs.
1. Freestanding signs are intended to provide identification for single-tenant buildings, multiple-tenant buildings, commercial offices and centers, and business and industrial parks. Signs for single-tenant buildings should include the street address of the business.
2. Signs for multiple-tenant buildings, commercial offices and centers, and business and industrial parks should display the range of business addresses for that development. The business address shall not be included in the sign area calculation.
3. Lighted signs, whether internally or externally illuminated, are permitted, provided they are not harsh or overly bright. Signs should consist of individual affixed to an opaque, matte finished background. The use of backlit (halo lighting) letters is strongly encouraged.
4. Freestanding signs should be placed perpendicular to approaching vehicular traffic.
5. Freestanding signs should be placed in landscaped planters of sufficient area, shape and design that will provide a compatible setting and ground definition to the signs.
6. Monument signs should be provided with a base, which measures from 12 to 18 inches in height, to accommodate the growth of landscaping around the sign base, without interrupting view of the sign face.
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Chapter 9.0:
Definitions and Glossary
Division 9.01—Definitions
Division 9.02—Glossary
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Ontario Development CodePage 9.01-1(Rev. 05.02.202312.03.2024) Division 9.01—Definitions
Sections:
9.01.000: Purpose
9.01.005: Applicability
9.01.010: Terms and Phrases
9.01.015: Acronyms and Abbreviations
9.01.000: Purpose
The purpose of this Division is to establish definitions for terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage.
9.01.005: Applicability
A.Unless otherwise apparent from the context, certain words, terms, phrases, abbreviations, and acronyms used in this Development Code are defined in this Division and are listed herein, in correct alphabetical order.
B.If any of the definitions in this Division conflict with definitions in other City codes and ordinances, such as the Ontario Municipal Code, or an adopted specific plan or planned unit development, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Division, the Zoning Administrator shall be responsible for determining the correct definition.
C.Words used in the present tense include the future, words in the singular number also include the plural, and words in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
D.The word "shall," indicates a mandatory requirement, except as when used in connection with an action or decision of the City Council, or any City commission, board, or official; in which case, the word "shall" is directory only.
E.The word "may," is a permissive term, similar in context as the terms "might," "can," or "could." F.Whenever used in this Development Code, the word "day" shall mean a calendar day.
9.01.010: Terms and Phrases
A. Definitions of Words Beginning with the Letter "A."
Abandonment of Use. The cessation of a land use by the owner without intent to transfer the land use to another or resume the land use within the time limitations specified in Division 3.01 (Nonconforming Lots, Land Uses, and Structures) of this Development Code.
Abatement. Reducing or eliminating the degree or intensity of a nuisance or other property-related problem.
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Division 9.01—Definitions
(Rev. 05.02.202312.03.2024)Page 9.01-2Ontario Development Code Abutting. Having property line or zoning district boundaries in common; for example, two lots are abutting if they have property lines in common.
Access. A way of approaching or entering a property. "Access" includes ingress (the right to enter) and egress (the right to leave). In zoning and subdivision regulations, recorded lots are required to have direct access to a public street or highway, or to a private street meeting public standards. This guarantees entry by owners and emergency vehicles.
Accessory (Ancillary) Structure. A structure which is incidental or subordinate to the principal structure on the same site, or the use of which is incidental or subordinate to the use of the principal structure of the site. An accessory structure that is attached or joined to a principal structure and shares a common wall therewith or is attached by a roof, which extends the full width of the structure, creating a covered breezeway (a roofed, open passage connecting two buildings, such as a house and garage), shall be deemed a part of the principal structure.
Accessory (Ancillary) Use. The use of a structure or site, or a portion of a structure or site, which is incidental or subordinate to the principal (primary) use and is located on the same property as the principle use. An accessory use shall generally be considered less intensive as it relates to area, activity, and traffic generation.
Adult Business. A business in the form of an adult arcade, adult bookstore, adult mini- motion picture theater, class "D" cabaret, escort agency, massage establishment, nude model/figure studio, sexual encounter/rap studio or sexual novelty store, as defined in this section.
This definition of adult business does not include those uses, businesses, or activities of licensed professionals who are otherwise exempt from classifications as a "massage establishment" pursuant to Section 5.03.275 (Massage Services) of this Development Code. For the purposes of the adult business regulations contained in Section 5.03.015 (Adult-Oriented Businesses) of this Development Code, the following definitions shall apply:
1) Adult Arcade. An establishment having coin-operated or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices that show images to one person per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing "specified sexual activities," or "specified anatomical areas," as defined in this section. 2) Adult Bookstore. An establishment which has a substantial portion of its stock-in-trade (a minimum of 30 percent) and offers for sale for any form of consideration, any one or more of the following:
a)Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis on "specified sexual activities" or "specified anatomical areas"; or b)Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities," as defined in this section. This definition does not include such items customarily sold by a bona fide pharmacy.
3) Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown to an audience and in which a substantial portion of the total presentation time is devoted to the 672
Division 9.01—Definitions
Ontario Development CodePage 9.01-3(Rev. 05.02.202312.03.2024) showing of material which is characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." 4) Adult Mini-Motion Picture Theater. An enclosed building with a capacity of less than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or related to "specified sexual activities" or "specific anatomical areas," as defined in this section, for observation by patrons therein. 5) Adult Theater. A theater, concert hall, auditorium or other similar establishment, which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by an emphasis upon the depiction of "specified sexual activities," as defined in this section.
6) Adult Video Store. An establishment having up to 20 percent or more of its floor area trade in films, motion pictures, video cassettes or video reproduction or other visual representations which are distinguished or characterized by their emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, or any establishment devoted to the sale or display of such material. 7) Class 'D' Cabaret. A cabaret that features topless dancers, bottomless dancers, go-go dancers, strippers, male or female impersonators or similar entertainment. 8) Nude Model/Figure Studio. Any place where a person, who appears in a state of nudity or displays "specified anatomical areas," is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any other form of consideration.
9) Sexual Encounter/Rap Studio. Any business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
a)Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b)Activities between male and female persons and/or persons of the same sex when "specified anatomical areas" of one or more of the persons are exposed or "specified sexual activities" as defined in this section occur.
10) Sexual Novelty Store. An establishment having as a portion of its stock-in-trade goods which are replicas of, or which simulate, "specified anatomical areas," as defined in this article, or goods which are designed to be placed on "specified anatomical areas," as defined in this article, to cause sexual excitement.
11) Specified Anatomical Areas. Any of the following:
a)Less than completely and opaquely covered:
i)Human genitals, pubic region;
ii)Buttocks;
iii)Female breasts below a point immediately above the top of the areola; 673
Division 9.01—Definitions
(Rev. 05.02.202312.03.2024)Page 9.01-4Ontario Development Code b)Human male genitalia in a discernible turgid state, even if completely and opaquely covered.
12) Specified Sexual Activities. Any of the following:
a)Human genitals in a state of sexual stimulation or arousal; b)Acts of human masturbation, sexual intercourse, oral copulation, or sodomy; c)Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
Advertising Display Manufacture. A business establishment engaged in the commercial preparation, fabrication, construction or manufacture of a sign of any type.
Advisory Authority. A body, commission, committee, board or position listed in Table 2.02- 1 (Review Matrix) of this Development Code, which is responsible for advising the Approving Authority on the appropriate action to take on [i] a land use or development entitlement, permit, or license; or [ii] other planning, zoning, or development action or decision, pursuant to Division
2.02 (Application Filing and Processing) of this Development Code.
Aesthetics. A term dealing with form, design, and/or quality of construction of a particular sign, building, site or structure, which presents a judgmental statement concerning the level of beauty or artistic value.
Affordable Housing. Housing that is economically feasible for persons whose income level is categorized as very low, low, or moderate within standards set by the California Department of Housing and Community Development or the United States Department of Housing and Urban Development.
Agenda. A document that specifies what will be discussed at a meeting of an Advisory, Approving or Appeal Authority (Reviewing Authorities). Agendas contain a brief, general description of each item the Reviewing Authority will be addressing. Members of the public may request that an agenda be mailed to them. Local agencies generally cannot discuss and make decisions on items that are not on the agenda (see GC Section 54950).
Alcoholic Beverage. Includes alcohol, spirits, liquor, wine, beer, brandy, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
Alcoholic Beverage Manufacturing. The manufacture or production of alcoholic beverages within the City of Ontario, by any person or entity properly licensed by the Department of Alcoholic Beverage Control of the State of California, which may include the sale or distribution of said products. Typical uses include breweries, distilleries, and wineries. Tasting rooms may be included in conjunction with the manufacturing activity.
Alcoholic Beverage Manufacturer. Any person or entity within the City of Ontario that is properly licensed by the Department of Alcoholic Beverage Control of the State of California, or any officer, director, employee, or agent of any such person or entity, which manufactures or produces alcoholic beverages.
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Division 9.01—Definitions
Ontario Development CodePage 9.01-5(Rev. 05.02.202312.03.2024) Alcoholic Beverage Sales, Off-Sale. Establishments properly licensed by the Department of Alcoholic Beverage Control of the State of California (ABC), which sell alcoholic beverages of varying types, as allowed by the type of ABC license held by the establishment, for consumption off the premises in which they are sold. Typical uses include convenience markets, grocery stores, and liquor stores.
Alcoholic Beverage Sales, On-Sale. Establishments properly licensed by the Department of Alcoholic Beverage Control of the State of California (ABC), which sell alcoholic beverages of varying types, as allowed by the type of ABC license held by the establishment, for consumption on the premises in which they are sold. Typical uses include bars, brew pubs, nightclubs, wine bars, and restaurants that serve alcoholic beverages.
Alley. A public right-of-way that is permanently reserved as a secondary means of vehicular access to abutting property, which is improved by means of asphalt, concrete, decorative laid brick or block pavers, or other similar material providing all-weather access, and excluding loose materials, such as gravel, stone or slag.
Alter. To change, add to, or modify construction, use or occupancy.
Amortization. The process by which nonconforming uses and structures must be discontinued or made to conform to requirements of the current zoning ordinance at the end of a specified period of time.
Ancillary Use, Activity or Facility. A use, activity or facility that is incidental, supplementary, or otherwise subordinate to a primary permitted or conditionally permitted use, activity or facility.
Animal Hospital. A facility in which animals or pets are given medical or surgical treatment and care during the time of such treatment, and in which the boarding of such animals or pets is permitted incidental to their medical or surgical treatment and care.
Antenna. Any exterior transmitting or receiving device mounted on a tower, building structure, or alternative tower structure and used in communications, that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunication signals or other communication signals which transmit or receive radio signals.
Antennas typically are either dish, panel or whip type structures.
Apartment. A residential dwelling unit within a multiple-family dwelling, which is available for lease for an extended period.
Appeal. When a person believes a decision was made in error, an appeal may be filed so that a higher decision-making body may be allowed to review the case.
Appeal Authority. A body, commission, committee, board, or position listed in Table 2.02-1 (Review Matrix) of this Development Code, which is responsible for acting on an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code, regarding an action made on [i] a land use or development entitlement, permit, or license; or [ii] other planning, zoning, or development action or decision, pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
Approving Authority. A body, commission, committee, board, or position listed in Table
2.02-1 (Review Matrix) of this Development Code, which is responsible for approving, approving with conditions, or denying [i] a land use or development entitlement, permit, or license; or 675
Division 9.01—Definitions
(Rev. 05.02.202312.03.2024)Page 9.01-6Ontario Development Code [ii] other planning, zoning, or development action or decision pursuant to the provisions of Chapter 2.0 (Administration and Procedures) and Chapter 4.0 (Permits, Actions and Decisions) of this Development Code.
Architectural Element. The unique details and component parts that, together, form the architectural style of a building or structure.
Architectural Projection. A building feature that is mounted on, and/or extends from the surface of the building wall or façade, typically above ground level. Examples of architectural projections include balconies, bay windows, lighting fixtures, marquees, canopies, and other similar projections of a building.
Artisan, Small-Scale, and Micro Manufacturing. A facility where shared or individual tools, equipment, equipment, or machinery are used to manufacture specialty products on a small scale or in limited quantities (a single product or small batches of product). Products are typically manufactured by hand or with a restricted level of automation. Artisan small-scale and micro manufacturing activities include design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as-well-as any incidental storage, retail, or wholesale sales and distribution. Typical small-scale and micro manufacturing activities include, but are not limited to, electronics, food products, nonalcoholic beverages, leather products, clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities. Artisan small-scale and micro manufacturing facilities are small in scale and utilize production methods using limited quantities of hazardous materials and hazardous waste production. Furthermore, artisan small-scale and micro manufacturing does not involve the use of large assembly lines, rather relying upon single workplaces or production cells that carry out production steps, until specific components or the whole product is completed. Artisan small-scale and micro manufacturing does not include agriculture, alcoholic beverage production or sales, restaurants and other eating places, or industrial activities deemed "heavy" in nature.
Automated Teller Machine (ATM). An electronic banking device, either freestanding or attached to a building, which dispenses and collects money from or to individual bank accounts.
The terms "Automated Teller Machine" and "ATM" may be used interchangeably.
B. Definitions of Words Beginning with the Letter "B."
Base Zoning District. The principal zoning district in which a lot or area is classified at the same time it is classified in a combined or overlay zoning district.
Bed and Breakfast Inn. A structure in which paying guests are lodged on an overnight basis, with breakfast served in connection with their lodging.
Beer. Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake (also known as Japanese rice wine). Beer aged in an empty wooden barrel previously used to contain wine or distilled spirits, shall be defined exclusively as "beer," and shall not be considered a dilution or mixture of any other alcoholic beverage.
Beer Manufacturer. Any establishment properly licensed by the Department of Alcoholic Beverage Control of the State of California, which has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer. 676
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Ontario Development CodePage 9.01-7(Rev. 05.02.202312.03.2024) Brandy Manufacturer. Any establishment properly licensed by the Department of Alcoholic Beverage Control of the State of California, which is engaged in the manufacture of brandy only, and not in engaged in the manufacture of any other distilled spirits.
Billboard. An outdoor advertising sign supported by posts or standards and braces set into the ground or attached to a building or other structure and containing advertising copy on the sign face not related to a use, structure or activity located on the same site.
Billiard Parlor. An establishment that provides more than 2 billiard or pool tables or has 50 percent or more of the public floor area devoted to the use of billiard or pool tables by the public for compensation, whether or not the use of billiard or pool tables constitute the primary use or an accessory or incidental use. The terms "Billiard Parlor" "Pool Hall" may be used interchangeably.
Block Face. The properties abutting on one side of a street and lying between the 2 nearest intersecting streets or nearest the intersecting street and railroad right-of-way, unsubdivided land, watercourse, or City boundary.
Boarding House (Lodging House or Rooming House). A dwelling, other than a hotel, motel, residence inn, or other similar traveler accommodation, wherein one or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental or lease agreements, either written or oral, whether or not an owner, agent or manager is in residence. The terms "boarding house," lodging house," and "rooming house" may be used interchangeably.
Bona Fide Eating Place. A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods that may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. For the purpose of this definition, the term "meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. Furthermore, the term "guests" means persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this definition, however, shall be construed to require that any food be sold or purchased with any beverage.
Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
Building Foundation. All dwellings and accessory structures shall be affixed to a permanent, continuous concrete or masonry foundation. The exterior building finish shall extend over the foundation, to within 6 inches of the adjacent finished grade.
Building Height. See "Height (of a building or structure)." Building Official. The Building Official of the City of Ontario. 677
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(Rev. 05.02.202312.03.2024)Page 9.01-8Ontario Development Code Bus. Any vehicle designed, used, or maintained: [i] to carry more than 15 persons, including the driver, or [ii] to carry more than 10 persons, including the driver, when it is used to transport persons for compensation or profit, or is used by a nonprofit organization (CVC Section 233).
Business Services. Services that are provided to business establishments in a support capacity, such as but not limited to duplicating, stenographic and messenger services.
C. Definitions of Words Beginning with the Letter "C."
Carport. An accessory structure or portion of a main structure, open on at least 2 sides, designed for the storage of motor vehicles.
Cattery. A place in which 4 or more cats over 4 months in age are kept.
Central Business District. The area of the City bounded by "H" Street on the north, Sultana Avenue on the east, Main Street on the south and Vine Avenue on the west.
Charitable Institution. An establishment engaged in the giving of foods, goods, financial assistance, or grants or offering services or other socially useful programs on a benevolent, non- profit basis.
City. The City of Ontario, a California municipal corporation.
City Attorney. The City Attorney of the City of Ontario, or his/her designee.
City Council. The City Council of the City of Ontario.
City Engineer. The City Engineer of the City of Ontario, or his/her designee.
City Manager. The City Manager of the City of Ontario, or his/her designee.
Clinic. An establishment where patients are admitted for outpatient examination and treatment by one or more physicians, dentists, psychologists, or social workers and where patients are not lodged overnight, excluding chemical dependency clinics.
Code Enforcement Director. The Code Enforcement Director of the City of Ontario, or his/her designee.
College (University). Establishments primarily engaged in furnishing academic courses and granting degrees at baccalaureate or graduate levels. The requirement for admission 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.
The term "College" or "University" may include ancillary support services and facilities, which include, but are not limited to, student and/or faculty housing, bookstores and student stores, food services, healthcare services, social assistance services, performing arts facilities, and athletic facilities.
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Ontario Development CodePage 9.01-9(Rev. 05.02.202312.03.2024) Collocate. Locating wireless telecommunications antennas and related equipment from more than one provider on a single site.
Commercial Center (Commercial Complex). A development within a commercial or mixed-use zoning or land use district, which consists of 2 or more buildings or a single building divided into 5 or more tenant spaces, 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 "commercial center" and "commercial complex" may be used interchangeably.
Commercial Recreation. An establishment, activity or use of a site or structure in which a fee is charged to provide space, services, or facilities for individual or group use in the pursuit of any recreational purpose.
Commercial Speech. Any message, the prevailing thrust of which is to propose a commercial transaction.
Commercial Vehicle. A vehicle that is used or maintained for the transportation of persons for hire, compensation, or profit (i.e., taxi or limousine), or is designed, used, or maintained primarily for the transportation of property (CVC Section 260).
Community Apartment. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.
Community Care Facility. Any facility place or building that is maintained and operated to provide nonmedical residential care, day treatment adult day care or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired incompetent persons and abused or neglected children, and includes the following, as defined by the California Community Care Facilities Act (HSC Section 1500 et seq.):
1)Residential care facility;
2)Adult day program;
3)Therapeutic day services facility;
4)Foster family agency;
5)Foster family home;
6)Small family home;
7)Social rehabilitation facility;
8)Community treatment facility;
9)Full-service adoption agency;
10)Noncustodial adoption agency;
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(Rev. 05.02.202312.03.2024)Page 9.01-10Ontario Development Code 11)Transitional shelter care facility; and
12)Transitional housing placement facility.
The term "Community Care Facility" is limited to those facilities places or buildings that are both subject to regulation by the State of California and actually licensed by the State of California. No facility place or building that may otherwise be regulated by the State of California, but which is not actually licensed by the State of California, shall be deemed a "Community Care Facility" for purposes of this title.
Community Noise Equivalent Level (CNEL). A scale for measuring noise activities that takes into account the sounds received at a point from all noise events causing noise levels above a prescribed value. Weighing factors are included which accord greater significance to noise events occurring during evening hours (7:00 PM to 10:00 PM), and even greater significance to noise events occurring at night (10:00 PM to 7:00 AM), than to noise events occurring during daytime hours (7:00 AM to 7:00 PM).
Compatibility. The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. The designation of permitted and conditionally permitted uses in a zoning district is intended to achieve compatibility. Some elements affecting compatibility include intensity of occupancy, as measured by dwelling units per acre; pedestrian or vehicular traffic generated; volume of goods handled; and environmental effects, such as noise, vibration, glare, air pollution, or radiation.
Conditionally Permitted Use. A land use that is allowed within a specified zoning district, subject to the approval of a Conditional Use Permit.
Conditional Use Permit. A zoning instrument used primarily to review the location, site development or operation of certain land uses. A Conditional Use Permit is granted at the discretion of the Planning Commission or Zoning Administrator and is not the automatic right of the applicant or landowner.
Condominium. A development consisting of an undivided common interest in a portion of real property, coupled with a separate interest in space within a residential, commercial or industrial building, called a unit, the boundaries of which area described on a recorded final map, parcel map, or condominium plan, in sufficient detail to locate the boundaries thereof. The area of these boundaries may be filed with air, earth, water, or any combination thereof, and need not physically be attached to land, except by easements for access and, if necessary, support.
Congregate Care Facility. A facility that provides communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents. A "Congregate Care Facility" is subject to regulation by the State of California as a "Community Care Facility." Convalescent Home (Convalescent Hospital). See "Nursing Home." Convenience Store (Convenience Market or Mini-Market). A retail establishment, limited to a maximum size of 10,000 SF, offering for sale, prepackaged food products, household items, newspapers and magazines, and sandwiches/salads and other freshly prepared foods for off-site consumption. The terms "convenience store," "convenience market" and "mini-market" may be used interchangeably.
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Ontario Development CodePage 9.01-11(Rev. 05.02.202312.03.2024) County. The County of San Bernardino.
County Recorder. The recorder for the County of San Bernardino.
Covenant. A private legal restriction that places a burden on a parcel of land in favor of another parcel, which is recorded in the deed. Covenants are commonly used in the establishment of a subdivision to restrict the use of lots within the development, guarantee views and solar access, and guarantee access and maintenance of designated areas.
D. Definitions of Words Beginning with the Letter "D."
Day. A calendar day.
Day Care Facilities. Day care facilities shall be defined as follows:
1) Adult Day Care Facilities. Facilities of any capacity that provide programs for frail, elderly and developmentally disabled and/or mentally disabled adults (persons 18 years of age and older) in a day care setting.
2) Child Day Care Center. A facility, other than an adult and family day care facility, providing non-medical care for children (persons less than 18 years of age) on less than a 24 hour per day basis, including infant care, pre-schools, and extended day care for school-aged children.
3) Family Child Day Care. A home that regularly provides family day care, protection and supervision for 14 or fewer children (persons less than 18 years of age) in the provider's own home, for periods of less than 24 hours per day while parents or guardians are away, and includes the following:
a)Small Family Day Care. Provides family day care to 8 or fewer children, including those children under the age of 10 years who reside at the provider's residence; and b)Large Family Day Care. Provides family day care for 7 to 14 children, inclusive, including those children under the age of 10 who reside at the provider's residence.
Day Spa. A facility that provides personal care and wellness services employing licensed trained professionals where visitors can receive a variety of spa treatments during day hours, and overnight accommodations are not available. Examples of typical spa services include, but are not limited to exfoliation, dermabrasion, dry brushing, body composition (fat to lean muscle ratio) analysis, chemical peel, clay or mud wrap, and facial rejuvenation. Day Spas exclude massage unless the facility also meets Massage Establishment requirements of the Development Code. dBA. A number in decibels which is read from a sound level meter with the meter switched to its weighting scale labeled "A." The number is an approximate measurement of the relative noisiness or annoyance level of common sounds.
Deck. An outdoor living area on a floor or platform that extends from a building, or may be freestanding, and which is no more than 2.5 FT above finished grade at any point. A deck is typically made of wood, or a composite wood material or vinyl. 681
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(Rev. 05.02.202312.03.2024)Page 9.01-12Ontario Development Code Dedication. Property that is transferred from an owner to a public agency to be used for roads, parks, school sites or other public uses or facilities. Dedication requirements are typically imposed as a condition of a tentative map, parcel map or as a condition of development.
Deed Restriction. A private legal restriction on the use of land recorded in the deed. The restriction burdens or limits the use of the property in some way.
Density (Residential Density). A quantitative measure of the intensity with which residentially zoned land may be developed in terms of the minimum and maximum number of allowed dwelling units for each net acre of land. In calculating the allowed minimum residential density of a lot, if a fractional number results from calculations performed, the number shall be rounded up, to the higher whole number. In calculating the allowed maximum residential density of a lot, if a fractional number results from calculations performed, the number shall be rounded down, to the lower whole number.
Department Store. A retail store offering a full line of general merchandise items.
Development Advisory Board (DAB). A City panel, whose membership is established by resolution of the City Council, which is charged with the responsibility for the review and approval of certain classifications of development plans.
Development Agreement. An agreement duly entered into pursuant to GC Section 65864 et seq. of the State of California.
Development Code. The Development Code of the City of Ontario, including all text and maps, as may be amended from time to time.
Direct Access. Having unimpaired access to a public street over a front, side or rear property line adjoining a street.
Discount Store. A retail establishment that offers continually changing merchandise for sale at below market price, and has no regular stock, constant inventory, or standard supplier.
Merchandise typically consists of discontinued items, stock over-runs, out of season merchandise, and one-time, large-lot purchases.
Discretionary Project. An activity that requires a public agency to exercise judgment in deciding whether or not to approve, conditionally approve, or deny a project.
Dish Antenna. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.
Distilled Spirits. An alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof.
Distilled Spirits Manufacturer. Any establishment licensed by the Department of Alcoholic Beverage Control of the State of California, who produces distilled spirits from naturally fermented materials or in any other manner.
Drive-Through (Drive-Thru). Outdoor service provided by a business establishment by means of a window counter for the purpose of accommodating persons in motor vehicles. 682
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Ontario Development CodePage 9.01-13(Rev. 05.02.202312.03.2024) Drive Aisle. A privately owned vehicular access, 26 FT or less in width (excluding adjoining off-street parking spaces), which is improved by means of asphalt, concrete, laid brick or block pavers, or other similar material providing all-weather access, and excluding loose materials, such as gravel, stone or slag, which is needed for vehicular access to off-street parking facilities required by this Development Code, and may include emergency vehicle accesses provided pursuant to the Ontario Fire Code (Ontario Municipal Code Title 4, Chapter 4 (Fire Code)).
Drive, Private. The principal means of vehicular access through a master planned development project, minimum 24 FT in width (excluding adjacent off-street parking spaces), which is privately owned and improved by means of asphalt, concrete, laid brick or block pavers, or other similar material providing all-weather access, and excluding loose materials, such as gravel, stone or slag, and may include emergency vehicle accesses provided pursuant to the Ontario Fire Code (Ontario Municipal Code Title 4, Chapter 4 (Fire Code)).
Driveway. The necessary hard-surfaced area, 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, which is needed for vehicular ingress and egress to a garage, carport or other off-street parking designed pursuant to Division 6.03 (Off-street Parking and Loading) of this Development Code.
Dwelling. Any building, or any portion thereof, which is not an apartment hotel, hotel, motel and which contains one or more dwelling units or guest rooms used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied or which are occupied for living purposes. The classifications of "dwelling" are as follows:
1) Accessory Dwelling Unit (ADU). Refer to Section 5.03.010 (Accessory Residential StructuresDwelling Units) of this Development Code.
2) Multiple-Family Dwellings. Two or more attached dwelling units, with each dwelling designed for occupancy by independent households. Multiple-family dwellings shall not include accessory dwelling units.
3) Single-Family Dwellings. A single detached dwelling unit designed and intended exclusively for occupancy by a single household. Single-family dwellings may be designed or arranged in a traditional development consisting of a single detached dwelling unit on a residentially zoned lot of record, or small lot and cluster developments consisting of two or more detached dwelling units, regardless of the number or configuration of lots. In either case, there may be some portion of the development owned in common by all residents. 4) Studio Dwellings. An apartment or condominium unit containing no more than one room and bath, and cooking facilities.
Dwelling Unit. One or more habitable rooms, which are designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities, and containing no more than one kitchen, provided within the same unit for the exclusive use of the household.
E. Definitions of Words Beginning with the Letter "E."
Electronic Message Center. An advertising display where the message is changed more than once every two minutes, but no more than once every four seconds (BPC Section 5216.4). 683
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(Rev. 05.02.202312.03.2024)Page 9.01-14Ontario Development Code Eligible Facilities Request. Has meaning as set forth in 47 CFR Section 1.6100(b)(3), or any successor provision.
Emergency Shelter. As defined in HSC Section 50801(e), "emergency shelter" means housing with minimal supportive services for homeless persons, which is limited to an occupancy of 6 months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Employee (Farmworker) Housing. Has the same meaning as defined in HSC Section 17008.
Equestrian Trail. A trail which is a segment of a planned trail system designed, improved, and intended to be used for horseback riding purposes and on which use by vehicles of any type, except for maintenance and service vehicles directly related to equestrian activities and public safety vehicles, is prohibited.
Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Exotic Pet. Any warm-blooded or cold-blooded animal of the biological kingdom Animalia, generally considered as wild, exotic, dangerous, or not normally domesticated. The term "exotic animal" does not include venomous reptiles.
F. Definitions of Words Beginning with the Letter "F."
Façade. The exterior walls of a building exposed to public view or that wall viewed by persons not within the building. The primary facade is the exterior building face that is parallel to the front property line.
Family. One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
Final Map. A map showing a subdivision of 5 or more parcels for which a tentative and final map are required by the Subdivision Map Act and this Development Code, prepared in accordance with the provisions of the Subdivision Map Act and this Development Code, and designed to be filed for recordation in the office of the County Recorder.
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 CodePage 9.01-15(Rev. 05.02.202312.03.2024) 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 685
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(Rev. 05.02.202312.03.2024)Page 9.01-16Ontario 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 CodePage 9.01-17(Rev. 05.02.202312.03.2024) 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. 05.02.202312.03.2024)Page 9.01-18Ontario 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 688
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Ontario Development CodePage 9.01-19(Rev. 05.02.202312.03.2024) 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. 05.02.202312.03.2024)Page 9.01-20Ontario 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 690
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Ontario Development CodePage 9.01-21(Rev. 05.02.202312.03.2024) 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. 691
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(Rev. 05.02.202312.03.2024)Page 9.01-22Ontario 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 non- breeding 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. 692
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Ontario Development CodePage 9.01-23(Rev. 05.02.202312.03.2024) 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 693
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(Rev. 05.02.202312.03.2024)Page 9.01-24Ontario 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 694
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Ontario Development CodePage 9.01-25(Rev. 05.02.202312.03.2024) 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. 05.02.202312.03.2024)Page 9.01-26Ontario 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 right- of-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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Ontario Development CodePage 9.01-27(Rev. 05.02.202312.03.2024) 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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(Rev. 05.02.202312.03.2024)Page 9.01-28Ontario 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, drive- through 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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Ontario Development CodePage 9.01-29(Rev. 05.02.202312.03.2024) 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, 699
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(Rev. 05.02.202312.03.2024)Page 9.01-30Ontario 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. 700
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Ontario Development CodePage 9.01-31(Rev. 05.02.202312.03.2024) 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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(Rev. 05.02.202312.03.2024)Page 9.01-32Ontario 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 bed- mounted 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. 702
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Ontario Development CodePage 9.01-33(Rev. 05.02.202312.03.2024) 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 703
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(Rev. 05.02.202312.03.2024)Page 9.01-34Ontario 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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Ontario Development CodePage 9.01-35(Rev. 05.02.202312.03.2024) 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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(Rev. 05.02.202312.03.2024)Page 9.01-36Ontario 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. 706
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Ontario Development CodePage 9.01-37(Rev. 05.02.202312.03.2024) 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.
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Division 9.01—Definitions
(Rev. 05.02.202312.03.2024)Page 9.01-38Ontario 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. 708
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Ontario Development CodePage 9.01-39(Rev. 05.02.202312.03.2024) 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. 709
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(Rev. 05.02.202312.03.2024)Page 9.01-40Ontario 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, semi- trailer, 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.
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Ontario Development CodePage 9.01-41(Rev. 05.02.202312.03.2024) 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 711
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(Rev. 05.02.202312.03.2024)Page 9.01-42Ontario 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 roof- mounted 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. 712
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Ontario Development CodePage 9.01-43(Rev. 05.02.202312.03.2024) 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 713
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(Rev. 05.02.202312.03.2024)Page 9.01-44Ontario 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, 714
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Ontario Development CodePage 9.01-45(Rev. 05.02.202312.03.2024) 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. 05.02.202312.03.2024)Page 9.01-46Ontario 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 716
Division 9.01—Definitions
Ontario Development CodePage 9.01-47(Rev. 05.02.202312.03.2024) 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."
717
Division 9.01—Definitions
(Rev. 05.02.202312.03.2024)Page 9.01-48Ontario 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 718
Division 9.01—Definitions
Ontario Development CodePage 9.01-49(Rev. 05.02.202312.03.2024) 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
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Division 9.01—Definitions
(Rev. 05.02.202312.03.2024)Page 9.01-50Ontario 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
720
Division 9.01—Definitions
Ontario Development CodePage 9.01-51(Rev. 05.02.202312.03.2024) 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
721
722
Ontario Development CodePage 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 9.02-2Ontario 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
724
Division 9.02—Glossary
Ontario Development CodePage 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 long- lasting 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
725
Division 9.02—Glossary
(Rev. 05.02.2023)Page 9.02-4Ontario Development Code
F. Definition of Words Beginning with the Letter "F."
Fast Food. Those food service establishments offering relatively immediate service of pre- prepared 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
726
Division 9.02—Glossary
Ontario Development CodePage 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 9.02-6Ontario 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 roof- mounted 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
728
Division 9.02—Glossary
Ontario Development CodePage 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 9.02-8Ontario Development Code
Transformers. Electrical switching equipment used for converting electricity from high- voltage 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. 730
Department: Police Department
Prepared By: Celeste Owens
Department:
Prepared By: Celeste Owens
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:
AUTHORIZE THE PURCHASE OF SPECIALIZED POLICE EQUIPMENT WITH FLYMOTION, LLC.
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager or his designee to execute a Sole Source purchase of Specialized Police Equipment through Flymotion, LLC, with its principal place of business in Tampa, Florida, for an amount not to exceed $284,922.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:
The purchase cost of the specialized police equipment is $284,922. If approved, additional appropriations will be included at the next quarterly budget update to council in the State Asset Seizure Fund as needed.
BACKGROUND & ANALYSIS:
Spot, a versatile mobile robot by Boston Dynamics and sold by Flymotion, LLC, stands at the forefront of robotic innovation, offering unparalleled agility and versatility for a wide array of applications in public safety. Spot's capability to be customized with a variety of payloads, combined with its autonomous operational efficiency and situational awareness makes this specific robot a powerful tool for enhancing operational efficiency. Spot is equipped with the Scout Software Hub which further amplifies its utility, enabling seamless control over the mission and task. Spot embodies the cutting-edge of mobile robotics, providing a robust platform for automating tasks and capturing critical data in challenging environments for public safety. Adding Spot to the Police Department will keep Officers and the community safe by preventing the need to insert human operators into dangerous situations. Additionally, it can provide situational awareness in scenarios where clearing a location or approaching a barricaded suspect is necessary.
Flymotion has been awarded a Sourcewell cooperative purchasing contract (011223-FLM) following a rigorous request for proposal process to meet, or exceed, local procurement requirements.
Sourcewell contracts allow agencies to purchase top-tier products and services under pre- 731
negotiated terms and pricing, simplifying the buying process and ensuring compliance. Based on the satisfactory services and quality equipment provided by Flymotion, staff believe this tool is necessary to maintain the current high level of Public Safety. City Staff recommends authorization for the purchase of the Specialized Police Equipment, Spot. 732
733
734
Department: Management Services
Prepared By: Tricia Almiron
Department:
Prepared By: Tricia Almiron
Staff Member Presenting: Dan Bell,
Communications and Community Relations
Director
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:
AN ORDINANCE AMENDING SECTION 3-1.112 TO TITLE 3 OF THE MUNICIPAL
CODE RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND
SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR STANDARDS
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council adopt an Ordinance amending Section 3-1.112 to Title 3 of the Ontario Municipal Code relating to requirements of contractors and subcontractors to enhance compliance with local labor standards.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT:
There is not a direct fiscal impact associated with this action.
BACKGROUND & ANALYSIS:
The changes to Section 3-1.112 of the Municipal Code, compliance with local labor standards, include reporting thresholds and requirements, incomplete reporting, violations for not reporting, and documentation required. The changes aim to protect the public health, safety, and welfare by enhancing local compliance with the California Business and Professions Code. The license requirements promote transparency for building permits by requiring contractors to disclose subcontractor information for subcontractors working on projects permitted by the City. The Ordinance is intended to help subcontractors provide the required disclosure data to lead contactors and applicants filling out the Subcontractor Disclosure Form for Building Permit and Right-of-Way Permit at the front of the process/project versus at the end. While the City will not regulate the data provided or issue stop-work orders for incorrect information, the element of transparency created by the new Subcontractor Disclosure Ordinance will help construction community police itself by identifying labor violators and unqualified operators to help ensure accountability.
735
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 3-1.112 TO TITLE 3 OF THE
MUNICIPAL CODE RELATING TO LICENSE REQUIREMENTS OF
CONTRACTORS AND SUBCONTRACTORS TO ENHANCE
COMPLIANCE WITH LOCAL LABOR STANDARDS
WHEREAS, the City Council of the City of Ontario (“City”) has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents pursuant to the City’s police power under Section 7 to Article XI of the California Constitution; and
WHEREAS, Chapter 9 to Division 3 of the California Business and Professions Code requires all persons performing contracting work (“Contractor”) on any project valued at $500 or more in combined labor and material costs to be licensed by the Contractors State Licensing Board; and
WHEREAS, Section 3-1.105 (License required) to Title 3 of the Municipal Code (“Code”) requires every person operating a business in the City to procure a business license from the City; and
WHEREAS, Section 3-1.023 (Contractors: Business License Tax) of the Code requires every person engaged in business as a Contractor in the City to pay an annual business license tax; and
WHEREAS, Section 3-1.111 (Contractor engaged in business) of the Code includes subcontractor and specialty contractor to the term Contractor; and WHEREAS, Section 3-1.112 (City reporting requirements for contractors or owner- builders) of the Code requires Contractors to provide a list identifying the names and addresses of all subcontractors or specialty contractors performing work or services on buildings or projects prior to requesting final approval, and such final approval of such building or project will not be given until all subcontractors or specialty contractors have obtained City business licenses; and
WHEREAS, it is in the City’s best interest to create a culture of safety, accountability, and legal compliance to increase transparency and ensure that labor standards are upheld; and
WHEREAS, the City desires to expand the scope of the information disclosed by Contractors; and
WHEREAS, these disclosures are intended to recognize and promote the value of fair labor and business practices.
736
THE CITY COUNCIL HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are incorporated herein by this reference.
SECTION 2. Amendment. Section 3-1.112 (City reporting requirements for contractors or owner-builders) of the Code is amended in its entity to read as follows:
“Sec. 3-1.112. City reporting requirements for contractors A. Contractor Requirements. No person shall be issued a permit to perform work requiring a permit under this Code, unless they are:
(1) A licensed contractor or subcontractor (“contractor”); (2) An employee, agent, or authorized representative of a licensed contractor;
(3) A representative of an electronically subscribed service acting on behalf of a licensed contractor;
(4) The property owner performing their own work; or
(5) An employee of the owner provided that the owner shows evidence of workers’ compensation insurance required by state and city law, and their Federal tax identification number.
B. Duty to Provide Information. A person applying for a permit (“applicant”) under this Code to perform work on a project consisting of twenty (20) or more residential dwelling units or twenty thousand (20,000) square feet of newly constructed or improved commercial or industrial development shall submit the following information at the time of permit issuance and prior to commencement of work:
(1) Scope of inspected work to be performed.
(2) A list of all contractors and provide verification of each contractor’s workers' compensation insurance (including policy number and expiration date), state contractor license and license category (and license expiration date if a license is required by the California State Licensing Board to perform the identified scope of inspected work), City business license, and Federal tax identification number. No person shall contract or subcontract construction work without a valid contractor's license pursuant to applicable provisions of the state business and professions code. (3) A disclosure of any previous, pending, or final determinations 737
pertaining to state or Federal labor code violations within the prior seven (7) years; or any penalties paid, criminal convictions, or judgments over five hundred thousand dollars ($500,000) related to the provisions of the California Labor Code or the Federal Labor Standards Act within the prior seven (7) years for all contractors.
The applicant may provide a sworn attestation from a contractor to satisfy this requirement.
(4) As a condition of receiving City inspections or participating in a City pre-construction meeting, the applicant shall (under penalty of perjury) submit required information to the City prior to each contractor or qualifying subcontractor starting work on the project.
C. Failure to Provide Required Information. In the event the applicant cannot provide a list of valid contractors and the information required above upon permit application, the applicant or permit holder shall provide to the City all information required by subsection B within thirty (30) days after issuance of each permit (but prior to commencement of any associated work pursuant to said permit). Failure to provide valid and current contractor listings prior to commencing work shall result in one or more of the following:
(1) City withholding inspections for any inspected work until such compliance is achieved.
(2) Issuance of a stop work order.
(3) Revocation of any permit issued by the City.
(4) The permit applicant paying a penalty for default to the City in an amount equal to the original permit fee for each violation in order to defray City costs of enforcement of this section prior to the issuance of any new permit.
D. Adding new Contractor. The information required by subsection B shall be required at the time when any new contractor is added to the permit.
E. Prior Work. Any work performed prior to satisfying the requirements of this section shall be deemed performed without the required permits.
F. Duty to Update Changed Information. The applicant is required to submit updated information to the City within seventy-two (72) hours of knowledge of any changes at any time between permit issuance and final inspection.”
SECTION 3. California Environmental Quality Act (“CEQA”). The Mayor and City Council finds this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change 738
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications; and to this end the provisions of this Ordinance are declared to be severable.
SECTION 5. Adoption. 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.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED this 3rd day of December, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
739
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 November 19, 2024 and adopted at the regular meeting held December 3, 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 December 3, 2024 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. __________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
740
Department: Planning
Prepared By: Elly Antuna
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:
A PUBLIC HEARING TO CONSIDER TWO MILLS ACT CONTRACTS (PRESERVATION AGREEMENTS), FILE NOS. PHP24-003 AND PHP24-008, FOR TWO LOCAL
DESIGNATED HISTORIC PROPERTIES
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
PUBLIC HEARINGS
RECOMMENDATION:
That the City Council consider and adopt a Resolution approving and authorizing the City Manager or designee to enter into Mills Act Contracts (Preservation Agreement), for the local designated historic properties located at:
A
.
File No. PHP24-003 - 314 West H Street (APN: 1048-262-25); submitted by Kali Rose Heitholt and Christopher Ordaz
B
.
File No. PHP24-008 - 208 East El Morado Court (APN: 1048-243-02); submitted by Daniel Gillis THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:
The projected net impact of the proposed contracts to the City is $1,898 in the first year and approximately $18,977 over the first ten years of the contracts from a reduction in property tax revenue. This minimal reduction in property tax revenue will be accounted for in the revenue estimates as part of the annual budget process. In exchange for this property tax reduction, $236,280 in private property investments will be made over a ten-year period.
BACKGROUND & ANALYSIS:
Two Mills Act Contracts are being proposed for this year representing a total investment of $236,280 of private funds into the City’s neighborhoods over the next ten years. The Contracts call for improvements to exterior finishes ( tree maintenance and trimming,
concrete repair, window and siding restoration, and repairs to front porch railing and posts ),
interior finishes (repairs to interior
flooring and foundation
), and systems upgrades (electrical,
plumbing and HVAC).
A Mills Act Contract is a contract between the City and a property owner whereby the property owner agrees to certain improvements that preserve the historic integrity and character of the building and keeps the property in good repair. In exchange for the investments, State law requires 741
the San Bernardino County Assessor to reassess the property’s value based on an alternative formula. The new assessed value may result in a significant reduction in the owner’s property taxes.
The Mills Act does not require investment in the property to be equal to the amount of the tax savings. The purpose is to provide a financial incentive to the owners of historic properties to maintain their properties consistent with its historic context.
Upon City Council approval, the City Clerk will inform the San Bernardino County Assessor that the property owners have entered into a Mills Act Contract. The Contract is a perpetual 10-year contract that automatically renews annually. If a property with a recorded Mills Act Contract is sold, the County of San Bernardino will continue to assess the property using the alternate formula and the new owner will be required to fulfill the Contractual Preservation Agreement. A contract can be “non-renewed” by either party upon written notice. If a contract is cancelled as a result of non- compliance with the conditions of the contract, a cancellation fee of 12.5% of the market value (as of the time of cancellation) is assessed by the County Assessor and shall be paid by the property owner to the County Auditor.
The City has 84 approved Mills Act contracts and two proposed, for a total of 86 Mills Act contracts.
Of the 86 properties, six are commercial, one is multiple-family residential, and 79 are single-family residential. The contracts proposed this year are owner occupied, single-family residences. Property tax impacts are summarized below:
Existing
Proposed
Total
Number of Contracts
84 2
86 Estimated Annual Total Tax Savings to Owners
$160,629
$11,296
$171,925
Estimated Annual Cost to City (first year)
$26,985
$1,898
$28,883
Estimated Cost to City (over ten years)
$269,857
$18,977
$288,834
The estimated cost of the 86 Mills Act contracts over a ten-year period is $288,834. In exchange for this decrease in property tax revenues, approximately $3,956,820 will be reinvested into historic buildings in Ontario neighborhoods over a ten-year period – a ratio of $13.70 in private funds spent for every dollar the City foregoes in property tax revenue.
The Mills Act Contract is in compliance with the provisions of Article 12 (commencing with Section 50280), Chapter 1, Part 1, Division 1, Title 5 of the Government Code of the State of California, which establishes the Mills Act program. The property is a contributor to a locally designated historic district and, therefore, is a qualified property eligible for a Mills Act contract.
On October 22, 2024, the Historic Preservation Commission voted unanimously (5-0) to recommend City Council approval of the proposed Mills Act contracts.
ENVIRONMENTAL REVIEW:
The application was reviewed pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). Pursuant to Section 21065 of the CEQA Guidelines, the Historic Preservation Agreement (Mills Act Contract) is not considered a project. Therefore, no further environmental review is required. 742
Case Planner: Elly Antuna, Associate Planner Hearing Body Date Decision Action Planning Director
Approval:
HPSC 10/09/24 Approval Recommend
HPC 10/22/24 Recommend
Submittal Date: CC 12/03/24 Final
FI
LE NOS: PHP24-003 and PHP24-008
SUB
JECT: A request for two (2) Mills Act Contracts (Preservation Agreements) LO
CATIONS: 314 West H Street (APN: 1048 -262-25); and 208 East El Morado Court (APN:
1048-243-02)
PRO
PERTY OWNER: Kali Rose Heitholt and Christopher Ordaz; and Daniel Gillis REC
OMMENDED ACTION: That the Historic Preservation Commission consider and recommend that the City Council approve File Nos. PHP24-003 and PHP24-008, pursuant to the facts and reasons contained in the staff report and attached Resolutions. The Historic Preservation Subcommittee reviewed this application on October 9, 2024, and is recommending approval.
BAC
KGROUND: Effective March 7, 1973, Chapter 1442 of the Statutes of 1972 (also known as the Mills Act) added Sections 50280 through 50289 to the Government Code to allow an owner of a qualified historical property to enter a preservation contract with a local government. The City of Ontario established the Mills Act program in 1997 to provide an economic incentive for the preservation of designated historic landmarks and/or contributing structures within a designated historic district. Since inception of the City’s program, 8 4 Mills Act Contracts have been approved and recorded. There are two contracts proposed at this time, two single-family residences designated as Contributors to the Villa and El Morado Court Historic Districts.
Fo
r a historic property to be eligible for the program, it must meet the requirements outlined in the guidelines and standards set by the State of California, Board of Equalization, and the Ontario Development Code (Sec. 4.02.065). The historic property must be either a local, state, or nationally designated property or a contributor within a locally designated historic district whereby the property owner agrees to certain improvements to restore, r ehabilitate, or preserve a qualified historic building. In exchange, the San Bernardino County Tax Assessor reassesses the property’s value based on an alternative formula that may result in a significant reduction in the owner’s property taxes.
Pu
rsuant to State law, a Mills Act Contract is recorded on the property and is a perpetual 10-year contract that automatically renews annually, unless the property owner or the 303 East B Street, Ontario, California 91764 / Phone: 909.395.2036 / Fax: 909.395.2420
HISTORIC PRESERVATION COMMISSION
AGENDA REPORT
October 22, 2024
Item B & C - 1 of 42
Approval
743
Historic Preservation Commission Agenda Report
File Nos.: PHP24-003 and PHP24-008
October 22, 2024
City requests notice of non -renewal. The Mills Act Contract and all benefits and responsibilities remain with the land, even after a change of ownership. If a contract is cancelled for any reason, including non-compliance with the conditions of the contract, or upon the request of the property owner or City, a cancellation fee of 12.5 percent of the market value (as of the time of cancellation) is assessed by the County Assessor.
PROJECT ANALYSIS: Staff provides estimates of potential tax savings for the property owner, but ultimately, only the San Bernardino County Assessor can determine the actual Mills Act adjusted value. The Mills Act assessment involves many variables that are typically determined by market forces such as interest rates, capitalization rates, and fair market rental rates. The average property tax savings for the proposed Mills Act Contracts range between 30 and 55 percent in the initial year, with a tax savings decrease each passing year. According to the City budget, Ontario receives 16.8 percent of the property taxes collected. Using that percentage, staff has also calculated the estimated reduction in property tax revenue, the “City cost,” and has included that in the analysis.
Upon City Council approval, the City Clerk informs the San Bernardino County Assessor that the property has entered into a Mills Act Contract. The Assessor valuates the historic property with the Mills Act assessment the following tax year, which may differ from staff estimates presented.
A. FILE NO.: PHP24-003
PROPERTY OWNER: Kali Rose Heitholt and
Christopher Ordaz
LOCATION: 314 West H Street
HISTORIC NAME: Carrie A. Vaughn House
DESIGNATION DATE: September 20, 2005
(Villa Historic District)
(1) Work Program — The Applicants are proposing both exterior and interior work as part of the Contract that qualifies under the guidelines and standards set by the State of California. Exterior work includes window and door repair, exterior paint, installation of a new roof, concrete repair, wood millwork repairs, and wildlife intrusion mitigation. Interior work includes new plumbing, electrical, and HVAC systems. The improvements are valued at an estimated $155,980.
(2) Property Owner Savings — The following Mills Act savings to the property owner are based on estimates.
Current Annual Taxes Paid: $8,839
Mills Act Annual Taxes Projected: $2,853
Item B & C - 2 of 42
744
Historic Preservation Commission Agenda Report
File Nos.: PHP24-003 and PHP24-008
October 22, 2024
Potential Total Annual Tax Savings: $5,986
Estimated Savings over 10 years: $59,860
Estimated Savings Percentage: 67%
(3) City Cost — According to the City budget, Ontario receives approximately 16.8% of the 1% General Tax Levy collected for property taxes. The following shows the estimated loss in City property tax revenue for this Contract based on estimates.
Current Annual City Tax Revenue: $1,485
Mills Act Annual City Tax Revenue Estimated: $479
Estimated Total Annual Cost to the City: $1,006
Estimated Cost to the City over 10 years: $10,060
The contract provides for $15.51 in improvements for every $1 in estimated property tax cost to the City.
B. FILE NO.: PHP24-008
PROPERTY OWNER: Daniel Gillis
LOCATION: 208 East El Morado Court
HISTORIC NAME: Frederick W. Mack House
DESIGNATION DATE: July 16, 2005
(El Morado Court Historic District)
(1) Work Program — The Applicant is proposing both exterior and interior work as part of the Contract that qualifies under the guidelines and standards set by the State of California. Exterior work includes window repair, replacement or repair of damaged wood siding, eaves, rafter tails and soffits, repairs and reinforcement of front porch, exterior paint, new fencing, and tree trimming. Interior work includes new plumbing and electrical, HVAC system maintenance, refinishing of original hardwood floors and substructure framing repairs. The improvements are valued at an estimated $80,300.
(2) Property Owner Savings — The following Mills Act savings to the property owner are based on estimates.
Current Annual Taxes Paid: $7,911
Mills Act Annual Taxes Projected: $2,601
Potential Total Annual Tax Savings: $5,310
Estimated Savings over 10 years: $53,100
Estimated Savings Percentage: 67%
Item B & C - 3 of 42
745
Historic Preservation Commission Agenda Report
File Nos.: PHP24-003 and PHP24-008
October 22, 2024
(3) City Cost — According to the City budget, Ontario receives approximately 16.8% of the 1% General Tax Levy collected for property taxes. The following shows the estimated loss in City property tax revenue for this Contract based on estimates.
Current Annual City Tax Revenue: $1,329
Mills Act Annual City Tax Revenue Estimated: $437
Estimated Total Annual Cost to the City: $892
Estimated Cost to the City over 10 years: $8,920
The contract provides for $9.00 in improvements for every $1 in estimated property tax cost to the City.
CUMULATIVE IMPACTS: The City currently has 84 approved Mills Act Contracts and two proposed contracts. The cumulative impacts are based on the initial projected assessment of each contract for the proposed year.
Existing Proposed
Number of contracts: 84 86
Average Estimated Annual Tax Saving to Property Owners: $1,935 $1,999 Estimated Annual Cost to the City: $26,2985 $28,883
Estimated Cost to the City over 10 Years: $269,850 $288,834 Estimated Total Value of Improvements over 10 Years: $3,720,540 $3,956,820 Estimated Loss of Revenue to Improvement Ratio: $1/13.79 $1/13.70
PUBLIC NOTIFICATION: The subject applications were advertised as a hearing in at least one newspaper of general circulation in the City of Ontario (the Inland Valley Daily Bulletin newspaper).
CORRESPONDENCE: As of the preparation of this report, staff has not received any written or verbal communications from the owners or occupants of properties surrounding the Project site or from the public in general, regarding the subject application.
COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan ("TOP"). More specifically, the goals and policies of TOP that are furthered by the proposed Project are as follows:
(1) City Council Goals.
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
Item B & C - 4 of 42
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Historic Preservation Commission Agenda Report
File Nos.: PHP24-003 and PHP24-008
October 22, 2024
(2) Governance.
Decision Making:
Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices.
G 1-2. Long-term Benefit . We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision.
(3) Policy Plan (General Plan)
Community Economics Element:
Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.
CE-2.5 Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.
Safety Element:
Goal S -1 Seismic & Geologic Hazards : Minimized risk of injury, loss of life, property damage, and economic and social disruption caused by earthquake-induced and other geologic hazards.
S-1.1 Implementation of Regulations and Standards. We require that all new habitable structures be designed in accordance with the most recent California Building Code adopted by the City, including provisions regarding lateral forces and grading.
Community Design Element – Historic Preservation:
Goal CD4: Historic buildings, streets, landscapes, and neighborhoods, as well as the story of Ontario’s people, businesses, and social and community organizations, have been preserved and serve as a focal point for civic pride and identity.
CD-4.2 Collaboration with Property Owners and Developers . We educate and collaborate with property owners and developers to implement strategies and best practices that preserve the character of our historic buildings, streetscapes, and unique neighborhoods.
Item B & C - 5 of 42
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Historic Preservation Commission Agenda Report
File Nos.: PHP24-003 and PHP24-008
October 22, 2024
CD-4.4 Incentives . We use the Mills Act and other federal, state, regional and local programs to assist property owners with the preservation of select properties and structures.
CD-4.6 Promotion of Public Involvement in Preservation. We engage in programs to publicize and promote the City’s and the public’s involvement in preservation efforts.
Goal CD-5 Protection of Investment : A sustained level of maintenance and improvement of properties, buildings, and infrastructure that protects the property values and encourages additional public and private investments.
CD-5.1 Maintenance of Buildings and Property. We require all public and privately -owned buildings and property (including trails and easements) to be properly and consistently maintained.
CD-5.3 Improvements to Property & Infrastructure . We provide programs to improve property and infrastructure.
CD-5.4 Neighborhood Involvement . We encourage active community involvement to implement programs aimed at the beautification and improvement of neighborhoods.
ENVIRONMENTAL REVIEW: A Mills Act Contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, therefore, is not a project subject to The California Environmental Quality Act, pursuant to Section 21065 of the California Public Resources Code.
Item B & C - 6 of 42 748
RESOLUTION NO. PC24-050
A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF
THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE FILE NO. PHP2 4-003, A MILLS ACT
CONTRACT (PRESERVATION AGREEMENT) FOR THE CARRIE A.
VAUGHN HOUSE, LOCATED AT 314 WEST H STREET (APN: 1048-262- 25).
WHEREAS, KALI ROSE HEITHOLT AND CHRISTOPHER ORDAZ ("Applicant") has filed an Application for the approval of a Mills A ct Contract, File No. PHP24-003, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the City’s character and history are reflected in its cultural, historical, and architectural heritage with an emphasis on the “Model Colony” as declared by an act of the Congress of the United States and presented at the St. Louis World’s Fair in 1904; and
WHEREAS, the City’s historical foundations should be preserved as living parts of community life and development in order to foster an understanding of the City’s past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand Ontario’s rich heritage; and
WHEREAS, the Community Development and the Aesthetic, Cultural, Open Space and Recreational Resources Elements of the Ontario Plan (Policy Plan) sets forth Goals and Policies to conserve Ontario’s historic buildings and districts; and
WHEREAS, the Carrie A. Vaughn House, located at 314 West H Street (APN:
1048-262-25), is a Victorian style single-family residence that was constructed in 1 914 and is worthy of preservation and was designated by City Council on September 20, 2005, as a Contributor within the Villa Historic District; and
WHEREAS, the Application is not a project pursuant to Section 21065 of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") Guidelines. The Mills Act Contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, Ontario Development Code Table 2.02- 1 (Review Matrix) grants the Historic Preservation Commission the responsibility and authority to review and make recommendation to the City Council on the subject Application; and
WHEREAS, the City of Ontario Development Code Division 2.03 (Public Hearings) 749
Historic Preservation Commission Resolution
File No. PHP24-003
October 22, 2024
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 October 9, 2024, the Historic Preservation Subcommittee of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Decision No. HPSC24-003, recommending the Historic Preservation Commission recommend to the City Council approval of the Application; and
WHEREAS, on October 2 2, 2024, the Historic Preservation Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, the Historic Preservation Commission has reviewed this application and determined it to be to the mutual benefit to the City and property owner to enter into a Mills Act Contract; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED, the Historic Preservation Commission of City of Ontario, as follows:
SECTION 1 . Environmental Determination and Findings . As the recommending body for the Project, the Historic Preservation Commission has reviewed and considered the information contained in the administrative record for the Project.
Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Historic Preservation Commission, the Historic Preservation Commission finds that the Mills Act Contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, therefore, is not a project subject to the California Environmental Quality Act, pursuant to Section 21065 of the California Public Resources Code.
SECTION 2. Concluding Facts and Reasons. Based upon the substantial evidence presented to the Historic Preservation Commission during the above- referenced hearing and upon the specific findings set forth in Section 1 above, the Historic Preservation Commission hereby concludes as follows:
(1) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as a property of historical significance; and 750
Historic Preservation Commission Resolution
File No. PHP24-003
October 22, 2024
(2) The Carrie A. Vaughn House, located at 314 West H Street, was designated by City Council on September 20, 2005 as a Contributor within the Villa Historic District; and
(3) The Applicant has set forth a work program for this specific property to ensure the preservation of this historic resource that qualifies under the guidelines and standards set by the State of California.
SECTION 3. Historic Preservation Commission Action. Based upon the findings and conclusions set forth in Sections 1 and 2 above, the Historic Preservation Commission hereby RECOMMENDS THE CITY COUNCIL APPROVE THE REQUEST FOR A MILLS ACT CONTRACT.
SECTION 4. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 5. 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 E. B Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 6. Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.
- - - - - - - - - - - - - -
751
752
753
Historic Preservation Commission Resolution
File No. PHP24-003
October 22, 2024
ATTACHMENT “A”
File No. PHP24-003
Historic Property Preservation Agreement
(Agreement to follow this page)
754
RECORDING REQUESTED BY
And When
RECORDED MAIL TO:
City Clerk, City of Ontario
303 East “B” Street
Ontario, CA 91764
Exempt Recording Fees Pursuant to Government
Code Section 6103 & 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of December 2024, by and between the City of Ontario, a municipal corporation (hereinafter referred to as the “City”) and Kali Rose Heitholt and Christopher Ordaz (hereinafter referred to as the “Owner”).
WITNESSETH:
A. Recitals.
(I) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance;
(ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Carrie A.
Vaughn House, located at the street address 31 4 West H Street, Ontario, CA 91762 (hereinafter such property shall be referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit “A” and is 755
incorporated herein by this reference;
(iv) On September 20, 2005, the City Council of the City of Ontario designated the Historic Property as a Contributor to the Villa Historic District pursuant to the terms and provisions of Title 9, Volume II, Chapter 1 of the Ontario Municipal Code and Section
4.02040 of the Ontario Development Code; and
(v) The City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code.
B. Agreement
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 3, 2024 and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below.
2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), a year shall automatically be added to the initial term of this Agreement unless notice of non- renewal is mailed as provided herein.
If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of non-renewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement provided herein. Owner may make a written 756
protest of the notice. Upon receipts by the Owner of a notice from the City of non-renewal, the City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to Owner of non-renewal. If either City or Owner serves notice to the other of non- renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Fees. Prior to recordation the A pplicant shall pay the applicable fee in effect at the time recordation is requested.
4. Standards for Historical Property . During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
A. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibits “B”, and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement.
B. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the Department of Parks and R ecreation, the United States Secretary of the Interior’s Rehabilitation Standards , the State Historical Building Code , and the Ontario Development Code and in accordance with the attached schedule of potential improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit “C”.
C. Pursuant to Section 4.02.050 of the Ontario Development Code, Owner shall obtain a Certificate of Appropriateness for any alteration, addition, restoration, rehabilitation, repainting, resurfacing, and for each and every item listed in Exhibit “ C”, prior to commencement of work. Failure to obtain all necessary permits, including building 757
permits, and approvals may result in cancellation of this Agreement as set forth on Paragraph 6, Cancellation herein.
D. Owner shall allow reasonable periodic examinations (no less than 1 per every 5 years), by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement.
5. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City, which may be necessary or advisable to determine compliance with the terms and provision of this Agreement.
6. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 4(B) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq.
7. Enforcement of Agreement . In lieu of and/or in addition to any provision to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach of default may be commenced within thirty (30) days and must be pursued to completion by Owner), then City may, without further notice, declare a default 758
under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such other relief against any violation by Owner or apply for such other relief an may be appropriate.
City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under.
8. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit “A” hereto to the covenants, reservations and restriction as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner’s legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Histori c Property for the benefit of the public and the Owner.
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9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.
To City: City of Ontario
303 East “B” Street
Ontario, CA 91764
Attention: Planning Director
To Owner: Kali Rose Heitholt and Christopher Ordaz
314 West H Street
Ontario, CA 91762
10. General Provisions.
A. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
B. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or oth er documents for the Historic Property.
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C. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.
D. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
E. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
F. This Agreement shall be construed and governed in accordance with the laws of the State of California.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino.
12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
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IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.
CITY OF ONTARIO
Dated: By:
City Manager
Attest
City Clerk
Approved as to Form
City Attorney
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Dated: By:
Kali Rose Heitholt, Owner
Dated: By:
Christopher Ordaz, Owner
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Exhibit A: Historic Property Preservation Agreement
Legal Description
Address: 314 West H Street
Ontario, CA 91762
APN: 1048-262-25 File No.: PHP24-003
The property located at: 314 West H Street
Ontario, CA 91762
is legally described as: THE EAST 84.49 FEET OF THE WEST 213.24 FEET OF LOT 4, BLOCK 884, ACCORDING TO THE MAP OF THE TOWN OF
ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 9 OF MAPS, PAGE 43, RECORDS OF SAID
COUNTY, EXCEPTING THEREFROM THAT PORTION LYING
EAST OF THE EASTERLY 145.21 FEET OF THE SAID LOT 4.
ALSO EXCEPTING THEREFROM THE NORTH 145.00 FEET
THEREOF.
APN: 1048-262-25-0-000
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Exhibit B: Historic Property Preservation Agreement
Property Maintenance
Address: 314 West H Street
Ontario, CA 91762
APN: 1048-262-25 File No.: PHP24-003
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures and buildings, such as fences, roofs, doors, walls, and windows;
2. Scrap lumber, junk, trash or debris;
3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items;
4. Stagnant water or excavations, including unmaintained pools or spas;
5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location.
The property owner shall also comply with the provisions of the Duty to Keep in Good Repair Section 7.01.045 of the Ontario Development Code and all other applicable provisions of the City’s Property Appearance – Nuisance Ordinance (Chapter 22 of Title 5 of the Ontario Municipal Code, Commencing at Sec. 5-22.02).
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Exhibit C: Historic Property Preservation Agreement
Proposed Improvements
Address: 314 West H Street
Ontario, CA 91762
APN: 1048-262-25 File No.: PHP24-003
Contract
Year Description
2025: Repipe gas lines throughout house. Upgrade electrical. Install new HVAC system.
2026: Repair, unstick and refinish (8) original upstairs windows and (1) door to operating condition. Replace cords and weights as needed. 2027: Install insulation in attic of home. Install new plumbing and shut off valves. 2028: Seal holes around foundation, roof and walls and add screens around foundation and vents to prevent wildlife from entering. 2029: Repair, unstick and refinish (9) original downstairs windows and (5) doors to operating condition. Replace cords and weights on windows as needed. 2030: Install new glazing in existing window frames where broken, cracked or damaged as needed.
2031: Paint exterior of house in period appropriate color palette.
2032: Reroof house.
2033: Replace wooden millwork (like for like) throughout house where rot or damage is evident.
2034: Repair cracks in concrete driveway and front walkway.
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RESOLUTION NO. PC24-051
A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF
THE CITY OF ONTARIO, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE FILE NO. PHP2 4-008, A MILLS ACT
CONTRACT (PRESERVATION AGREEMENT) FOR THE FREDERICK W.
MACK HOUSE, LOCATED AT 208 EAST EL MORADO COURT (APN:
1048-243-02).
WHEREAS, DANIEL GILLIS ("Applicant") has filed an Application for the approval of a Mills A ct Contract, File No. PHP 24-008, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the City’s character and history are reflected in its cultural, historical, and architectural heritage with an emphasis on the “Model Colony” as declared by an act of the Congress of the United States and presented at the St. Louis World’s Fair in 1904; and
WHEREAS, the City’s historical foundations should be preserved as living parts of community life and development in order to foster an understanding of the City’s past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand Ontario’s rich heritage; and
WHEREAS, the Community Development and the Aesthetic, Cultural, Open Space and Recreational Resources Elements of the Ontario Plan (Policy Plan) sets forth Goals and Policies to conserve Ontario’s historic buildings and districts; and
WHEREAS, the Frederick W. Mack House, located at 208 East El Morado Court (APN: 1048-243-02), is a Craftsman style single-family residence constructed in 1922 and is worthy of preservation and was designated by City Council on July 16, 2005, as a Contributor within the El Morado Court Historic District; and
WHEREAS, the Application is not a project pursuant to Section 21065 of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") Guidelines. The Mills Act Contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, Ontario Development Code Table 2.02- 1 (Review Matrix) grants the Historic Preservation Commission the responsibility and authority to review and make recommendation to the City Council on the subject Application; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing 767
Historic Preservation Commission Resolution
File No. PHP24-008
October 22, 2024
procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on October 9, 2024, the Historic Preservation Subcommittee of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Decision No. HPSC24-004, recommending the Historic Preservation Commission recommend to the City Council approval of the Application; and
WHEREAS, on October 2 2, 2024, the Historic Preservation Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, the Historic Preservation Commission has reviewed this application and determined it to be to the mutual benefit to the City and property owner to enter into a Mills Act Contract; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED, the Historic Preservation Commission of City of Ontario, as follows:
SECTION 1 . Environmental Determination and Findings . As the recommending body for the Project, the Historic Preservation Commission has reviewed and considered the information contained in the administrative record for the Project.
Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Historic Preservation Commission, the Historic Preservation Commission finds that the Mills Act Contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, therefore, is not a project subject to the California Environmental Quality Act, pursuant to Section 21065 of the California Public Resources Code.
SECTION 2. Concluding Facts and Reasons. Based upon the substantial evidence presented to the Historic Preservation Commission during the above- referenced hearing and upon the specific findings set forth in Section 1 above, the Historic Preservation Commission hereby concludes as follows:
(1) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as a property of historical significance; and
768
Historic Preservation Commission Resolution
File No. PHP24-008
October 22, 2024
(2) The Frederick W. Mack House, located at 208 East El Morado Court , was designated by City Council on July 16, 2005 as a Contributor within the El Morado Court Historic District; and
(3) The Applicant has set forth a work program for this specific property to ensure the preservation of this historic resource that qualifies under the guidelines and standards set by the State of California.
SECTION 3. Historic Preservation Commission Action. Based upon the findings and conclusions set forth in Sections 1 and 2 above, the Historic Preservation Commission hereby RECOMMENDS THE CITY COUNCIL APPROVE THE REQUEST FOR A MILLS ACT CONTRACT.
SECTION 4. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 5. 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 E. B Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 6. Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.
- - - - - - - - - - - - - -
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770
771
Historic Preservation Commission Resolution
File No. PHP24-008
October 22, 2024
ATTACHMENT “A”
File No. PHP24-008
Historic Property Preservation Agreement
(Agreement to follow this page)
772
RECORDING REQUESTED BY
And When
RECORDED MAIL TO:
City Clerk, City of Ontario
303 East “B” Street
Ontario, CA 91764
Exempt Recording Fees Pursuant to Government
Code Section 6103 & 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of December 2024, by and between the City of Ontario, a municipal corporation (hereinafter referred to as the “City”) and Daniel Gillis (hereinafter referred to as the “Owner”).
WITNESSETH:
A. Recitals.
(I) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance;
(ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Frederick W.
Mack House, located at the street address 208 East El Morado Court, Ontario, CA 91764 (hereinafter such property shall be referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit “A” and is incorporated herein by this reference;
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(iv) On July 16, 2005, the City Council of the City of Ontario designated the Historic Property as a Contributor to the El Morado Court Historic District pursuant to the terms and provisions of Title 9, Volume II, Chapter 1 of the Ontario Municipal Code and Section
4.02040 of the Ontario Development Code; and
(v) The City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code.
B. Agreement
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 3, 2024 and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below.
2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), a year shall automatically be added to the initial term of this Agreement unless notice of non- renewal is mailed as provided herein.
If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of non-renewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement provided herein. Owner may make a written protest of the notice. Upon receipts by the Owner of a notice from the City of non-renewal, the City may, at any time prior to the annual renewal date of the Agreement, withdraw its 774
notice to Owner of non-renewal. If either City or Owner serves notice to the other of non- renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Fees. Prior to recordation the A pplicant shall pay the applicable fee in effect at the time recordation is requested.
4. Standards for Historical Property . During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
A. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibits “B”, and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement.
B. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the Department of Parks and R ecreation, the United States Secretary of the Interior’s Rehabilitation Standards , the State Historical Building Code , and the Ontario Development Code and in accordance with the attached schedule of potential improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit “C”.
C. Pursuant to Section 4.02.050 of the Ontario Development Code, Owner shall obtain a Certificate of Appropriateness for any alteration, addition, restoration, rehabilitation, repainting, resurfacing, and for each and every item listed in Exhibit “ C”, prior to commencement of work. Failure to obtain all necessary permits, including building permits, and approvals may result in cancellation of this Agreement as set forth on Paragraph 6, Cancellation herein.
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D. Owner shall allow reasonable periodic examinations (no less than 1 per every 5 years), by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement.
5. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City, which may be necessary or advisable to determine compliance with the terms and provision of this Agreement.
6. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 4(B) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq.
7. Enforcement of Agreement . In lieu of and/or in addition to any provision to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach of default may be commenced within thirty (30) days and must be pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such 776
other relief against any violation by Owner or apply for such other relief an may be appropriate.
City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under.
8. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit “A” hereto to the covenants, reservations and restriction as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner’s legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Histori c Property for the benefit of the public and the Owner.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other 777
address as may be later specified by the parties hereto.
To City: City of Ontario
303 East “B” Street
Ontario, CA 91764
Attention: Planning Director
To Owner: Daniel Gillis
208 East El Morado Court
Ontario, CA 91764
10. General Provisions.
A. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
B. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or oth er documents for the Historic Property.
C. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the 778
parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.
D. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
E. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
F. This Agreement shall be construed and governed in accordance with the laws of the State of California.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino.
12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
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IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.
CITY OF ONTARIO
Dated: By:
City Manager
Attest
City Clerk
Approved as to Form
City Attorney
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Dated: By:
Daniel Gillis, Owner
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Exhibit A: Historic Property Preservation Agreement
Legal Description
Address: 208 East El Morado Court
Ontario, CA 91764
APN: 1048-243-02 File No.: PHP24-008
The property located at: 208 East El Morado Court
Ontario, CA 91764
is legally described as: EL MORADO TRACT LOT 11 BLK 4
APN: 1048-243-02-0-000
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Exhibit B: Historic Property Preservation Agreement
Property Maintenance
Address: 208 East El Morado Court
Ontario, CA 91764
APN: 1048-243-02 File No.: PHP24-008
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures and buildings, such as fences, roofs, doors, walls, and windows;
2. Scrap lumber, junk, trash or debris;
3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items;
4. Stagnant water or excavations, including unmaintained pools or spas;
5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location.
The property owner shall also comply with the provisions of the Duty to Keep in Good Repair Section 7.01.045 of the Ontario Development Code and all other applicable provisions of the City’s Property Appearance – Nuisance Ordinance (Chapter 22 of Title 5 of the Ontario Municipal Code, Commencing at Sec. 5-22.02).
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Exhibit C: Historic Property Preservation Agreement
Proposed Improvements
Address: 208 East El Morado Court
Ontario, CA 91764
APN: 1048-243-02 File No.: PHP24-008
Contract
Year Description
2025: Install fencing along the west interior property line. Tree trimming located in front yard. Repair one window on west.
2026: Repair sewer main. Repair one window on the east. 2027: Replace knob and tube wiring with new electrical system. 2028: Repair concrete at patio, replace rotted wood columns at front porch, install missing ledger board and install missing post supports to reinforce front porch.
Replace water heater. Repair basement window.
2029: Replace or repair damaged wood siding, eaves, rafter tails and soffits. 2030: Repair 2 windows east elevation. Install new gutters. Tree trimming located in front yard ($600).
2031: Repair bathroom walls. Repair broken floor tiles in bathroom. Add exhaust fan in bathroom.
2032: Refinish original hardwood floors throughout house. 2033: Repair substructure framing. HVAC and plumbing repairs. 2034: Paint exterior of house.
784
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP24-003, AND AUTHORIZING
THE CITY OF ONTARIO TO ENTER INTO A HISTORIC PROPERTY
PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH KALI
ROSE HEITHOLT AND CHRISTOPHER ORDAZ, FOR THE PROPERTY
LOCATED AT 314 WEST H STREET (APN: 1048-262-25).
WHEREAS, California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as a property of historical significance; and WHEREAS, Kali Rose Heitholt and Christopher Ordaz possess fee title in and to that certain real property, together with associated structures and improvements thereon, located at the street address commonly known as 314 West H Street, Ontario, California (hereinafter referred to as the “Property”); and
WHEREAS, on September 20, 2005, the City Council of the City of Ontario designated the Property as a Contributor within the Villa Historic District pursuant to the terms and provisions of Chapter 4, of the Ontario Development Code; and WHEREAS, the City of Ontario and Kali Rose Heitholt and Christopher Ordaz, for their mutual benefit, now desire to enter into a Historic Property Preservation Agreement, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference (hereinafter referred to as the “Preservation Agreement”); and WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, 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 October 9, 2024, the Historic Preservation Subcommittee conducted a hearing and issued Decision No. HPSC24-003, recommending the Historic Preservation Commission recommend the City Council approve the Application; and 785
WHEREAS, on October 22, 2024, the Historic Preservation Commission conducted a hearing and issued Resolution No. PC24-050, recommending the City Council approve the Application; and
WHEREAS, on December 3, 2024, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:
SECTION 1. Environmental Determination and Findings . As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The Mills Act contract is not considered a project pursuant to Section 21065 of the CEQA Guidelines. The Mills Act contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
(2) The determination of CEQA exemption reflects the independent judgement of the City Council.
SECTION 2. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing and upon the specific findings set forth in Section 1 above, the City Council hereby concludes as follows:
(1) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as a property of historical significance; and (2) Pursuant to California Government Code Section 50280, et seq., qualified historical properties are 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
(3) The Carrie A. Vaughn House, a Victorian style single-family residence located at 314 West H Street, was designated as a Contributor within the Villa Historic District; and
786
(4) The Applicant has set forth a work program for this specific property to ensure the preservation of this historic resource that qualifies under the guidelines and standards set by the State of California.
SECTION 3. City Council Action. Based upon the findings and conclusions set forth in Sections 1 and 2 above, THE CITY COUNCIL APPROVES AND RATIFIES the Historic Property Preservation Agreement and authorizes the City Manager to execute the agreement, which is subject to the provisions of the City’s Development Code (Sec.
4.02.065) and to each and every condition set forth in the Preservation Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference; and SECTION 4. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 5. Recordation of Agreement. That the City Clerk of the City of Ontario, California, shall cause the Historic Preservation Agreement to be recorded in the office of the County Recorder of San Bernardino County.
SECTION 6. Notification of Assessor. That the City Clerk of the City of Ontario, California, shall notify the San Bernardino County Assessor in writing that the property has entered into a Preservation Agreement within 30 days of the recordation of the contract.
SECTION 7. Certification to Adoption. The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 3rd day of December, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
787
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
788
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held December 3, 2024 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held December 3, 2024. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
789
Exhibit “A”
Preservation Agreement
790
RECORDING REQUESTED BY
And When
RECORDED MAIL TO:
City Clerk, City of Ontario
303 East “B” Street
Ontario, CA 91764
Exempt Recording Fees Pursuant to Government
Code Section 6103 & 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of December 2024, by and between the City of Ontario, a municipal corporation (hereinafter referred to as the “City”) and Kali Rose Heitholt and Christopher Ordaz (hereinafter referred to as the “Owner”).
WITNESSETH:
A. Recitals.
(I) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance;
(ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Carrie A.
Vaughn House, located at the street address 314 West H Street, Ontario, CA 91762 (hereinafter such property shall be referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit “A” and is 791
incorporated herein by this reference;
(iv) On September 20, 2005, the City Council of the City of Ontario designated the Historic Property as a Contributor to the Villa Historic District pursuant to the terms and provisions of Title 9, Volume II, Chapter 1 of the Ontario Municipal Code and Section
4.02040 of the Ontario Development Code; and
(v) The City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code.
B. Agreement
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 3, 2024 and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below.
2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein.
If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of non-renewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement provided herein. Owner may make a written 792
protest of the notice. Upon receipts by the Owner of a notice from the City of non-renewal, the City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to Owner of non-renewal. If either City or Owner serves notice to the other of non- renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Fees. Prior to recordation the Applicant shall pay the applicable fee in effect at the time recordation is requested.
4. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
A. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibits “B”, and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement.
B. Owner shall, where necessary, restore and rehabilitate the property according 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 Rehabilitation Standards, the State Historical Building Code, and the Ontario Development Code and in accordance with the attached schedule of potential improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit “C”.
C. Pursuant to Section 4.02.050 of the Ontario Development Code, Owner shall obtain a Certificate of Appropriateness for any alteration, addition, restoration, rehabilitation, repainting, resurfacing, and for each and every item listed in Exhibit “C”, prior to commencement of work. Failure to obtain all necessary permits, including building 793
permits, and approvals may result in cancellation of this Agreement as set forth on Paragraph 6, Cancellation herein.
D. Owner shall allow reasonable periodic examinations (no less than 1 per every 5 years), by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement.
5. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City, which may be necessary or advisable to determine compliance with the terms and provision of this Agreement.
6. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 4(B) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq.
7. Enforcement of Agreement. In lieu of and/or in addition to any provision to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach of default may be commenced within thirty (30) days and must be pursued to completion by Owner), then City may, without further notice, declare a default 794
under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such other relief against any violation by Owner or apply for such other relief an may be appropriate.
City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under.
8. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit “A” hereto to the covenants, reservations and restriction as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner’s legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and the Owner.
795
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.
To City: City of Ontario
303 East “B” Street
Ontario, CA 91764
Attention: Planning Director
To Owner: Kali Rose Heitholt and Christopher Ordaz
314 West H Street
Ontario, CA 91762
10. General Provisions.
A. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
B. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property.
796
C. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.
D. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
E. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
F. This Agreement shall be construed and governed in accordance with the laws of the State of California.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino.
12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 797
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.
CITY OF ONTARIO
Dated: By:
City Manager
Attest
City Clerk
Approved as to Form
City Attorney
798
Dated: By:
Kali Rose Heitholt, Owner
Dated: By:
Christopher Ordaz, Owner
799
Exhibit A: Historic Property Preservation Agreement
Legal Description
Address: 314 West H Street
Ontario, CA 91762
APN: 1048-262-25 File No.: PHP24-003
The property located at: 314 West H Street
Ontario, CA 91762
is legally described as: THE EAST 84.49 FEET OF THE WEST 213.24 FEET OF LOT 4, BLOCK 884, ACCORDING TO THE MAP OF THE TOWN OF
ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 9 OF MAPS, PAGE 43, RECORDS OF SAID
COUNTY, EXCEPTING THEREFROM THAT PORTION LYING
EAST OF THE EASTERLY 145.21 FEET OF THE SAID LOT 4.
ALSO EXCEPTING THEREFROM THE NORTH 145.00 FEET
THEREOF.
APN: 1048-262-25-0-000
800
Exhibit B: Historic Property Preservation Agreement
Property Maintenance
Address: 314 West H Street
Ontario, CA 91762
APN: 1048-262-25 File No.: PHP24-003
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures and buildings, such as fences, roofs, doors, walls, and windows;
2. Scrap lumber, junk, trash or debris;
3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items;
4. Stagnant water or excavations, including unmaintained pools or spas;
5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location.
The property owner shall also comply with the provisions of the Duty to Keep in Good Repair Section 7.01.045 of the Ontario Development Code and all other applicable provisions of the City’s Property Appearance – Nuisance Ordinance (Chapter 22 of Title 5 of the Ontario Municipal Code, Commencing at Sec. 5-22.02).
801
Exhibit C: Historic Property Preservation Agreement
Proposed Improvements
Address: 314 West H Street
Ontario, CA 91762
APN: 1048-262-25 File No.: PHP24-003
Contract
Year Description
2025: Repipe gas lines throughout house. Upgrade electrical. Install new HVAC system.
2026: Repair, unstick and refinish (8) original upstairs windows and (1) door to operating condition. Replace cords and weights as needed. 2027: Install insulation in attic of home. Install new plumbing and shut off valves. 2028: Seal holes around foundation, roof and walls and add screens around foundation and vents to prevent wildlife from entering. 2029: Repair, unstick and refinish (9) original downstairs windows and (5) doors to operating condition. Replace cords and weights on windows as needed. 2030: Install new glazing in existing window frames where broken, cracked or damaged as needed.
2031: Paint exterior of house in period appropriate color palette. 2032: Reroof house.
2033: Replace wooden millwork (like for like) throughout house where rot or damage is evident.
2034: Repair cracks in concrete driveway and front walkway. 802
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP24-008, AND AUTHORIZING
THE CITY OF ONTARIO TO ENTER INTO A HISTORIC PROPERTY
PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH DANIEL GILLIS, FOR THE PROPERTY LOCATED AT 208 EAST EL MORADO
COURT (APN: 1048-243-02).
WHEREAS, California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as a property of historical significance; and WHEREAS, Daniel Gillis possesses fee title in and to that certain real property, together with associated structures and improvements thereon, located at the street address commonly known as 208 East El Morado Court, Ontario, California (hereinafter referred to as the “Property”); and
WHEREAS, on July 16, 2005, the City Council of the City of Ontario designated the Property as a Contributor within the El Morado Court Historic District pursuant to the terms and provisions of Chapter 4, of the Ontario Development Code; and WHEREAS, the City of Ontario and Daniel Gillis, for their mutual benefit, now desire to enter into a Historic Property Preservation Agreement, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference (hereinafter referred to as the “Preservation Agreement”); and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, 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 October 9, 2024, the Historic Preservation Subcommittee conducted a hearing and issued Decision No. HPSC24-004, recommending the Historic Preservation Commission recommend the City Council approve the Application; and 803
WHEREAS, on October 22, 2024, the Historic Preservation Commission conducted a hearing and issued Resolution No. PC24-051, recommending the City Council approve the Application; and
WHEREAS, on December 3, 2024, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:
SECTION 1. Environmental Determination and Findings . As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The Mills Act contract is not considered a project pursuant to Section 21065 of the CEQA Guidelines. The Mills Act contract will not result in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
(2) The determination of CEQA exemption reflects the independent judgement of the City Council.
SECTION 2. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing and upon the specific findings set forth in Section 1 above, the City Council hereby concludes as follows:
(1) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as a property of historical significance; and (2) Pursuant to California Government Code Section 50280, et seq., qualified historical properties are 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
(3) The Frederick W. Mack House, a Craftsman style single-family residence located at 208 East El Morado Court, was designated as a Contributor within the El Morado Court Historic District; and
804
(4) The Applicant has set forth a work program for this specific property to ensure the preservation of this historic resource that qualifies under the guidelines and standards set by the State of California.
SECTION 3. City Council Action. Based upon the findings and conclusions set forth in Sections 1 and 2 above, THE CITY COUNCIL APPROVES AND RATIFIES the Historic Property Preservation Agreement and authorizes the City Manager to execute the agreement, which is subject to the provisions of the City’s Development Code (Sec.
4.02.065) and to each and every condition set forth in the Preservation Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference; and SECTION 4. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 5. Recordation of Agreement. That the City Clerk of the City of Ontario, California, shall cause the Historic Preservation Agreement to be recorded in the office of the County Recorder of San Bernardino County.
SECTION 6. Notification of Assessor. That the City Clerk of the City of Ontario, California, shall notify the San Bernardino County Assessor in writing that the property has entered into a Preservation Agreement within 30 days of the recordation of the contract.
SECTION 7. Certification to Adoption. The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 3rd day of December, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
805
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
806
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held December 3, 2024 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held December 3, 2024. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
807
Exhibit “A”
Preservation Agreement
808
RECORDING REQUESTED BY
And When
RECORDED MAIL TO:
City Clerk, City of Ontario
303 East “B” Street
Ontario, CA 91764
Exempt Recording Fees Pursuant to Government
Code Section 6103 & 27383
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of December 2024, by and between the City of Ontario, a municipal corporation (hereinafter referred to as the “City”) and Daniel Gillis (hereinafter referred to as the “Owner”).
WITNESSETH:
A. Recitals.
(I) California Government Code Section 50280, et seq., authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance;
(ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Frederick W.
Mack House, located at the street address 208 East El Morado Court, Ontario, CA 91764 (hereinafter such property shall be referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit “A” and is incorporated herein by this reference;
809
(iv) On July 16, 2005, the City Council of the City of Ontario designated the Historic Property as a Contributor to the El Morado Court Historic District pursuant to the terms and provisions of Title 9, Volume II, Chapter 1 of the Ontario Municipal Code and Section
4.02040 of the Ontario Development Code; and
(v) The City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code.
B. Agreement
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on December 3, 2024 and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below.
2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein.
If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of non-renewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement provided herein. Owner may make a written protest of the notice. Upon receipts by the Owner of a notice from the City of non-renewal, the City may, at any time prior to the annual renewal date of the Agreement, withdraw its 810
notice to Owner of non-renewal. If either City or Owner serves notice to the other of non- renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Fees. Prior to recordation the Applicant shall pay the applicable fee in effect at the time recordation is requested.
4. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
A. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibits “B”, and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement.
B. Owner shall, where necessary, restore and rehabilitate the property according 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 Rehabilitation Standards, the State Historical Building Code, and the Ontario Development Code and in accordance with the attached schedule of potential improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit “C”.
C. Pursuant to Section 4.02.050 of the Ontario Development Code, Owner shall obtain a Certificate of Appropriateness for any alteration, addition, restoration, rehabilitation, repainting, resurfacing, and for each and every item listed in Exhibit “C”, prior to commencement of work. Failure to obtain all necessary permits, including building permits, and approvals may result in cancellation of this Agreement as set forth on Paragraph 6, Cancellation herein.
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D. Owner shall allow reasonable periodic examinations (no less than 1 per every 5 years), by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement.
5. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City, which may be necessary or advisable to determine compliance with the terms and provision of this Agreement.
6. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 4(B) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq.
7. Enforcement of Agreement. In lieu of and/or in addition to any provision to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach of default may be commenced within thirty (30) days and must be pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such 812
other relief against any violation by Owner or apply for such other relief an may be appropriate.
City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under.
8. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described in Exhibit “A” hereto to the covenants, reservations and restriction as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner’s legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and the Owner.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other 813
address as may be later specified by the parties hereto.
To City: City of Ontario
303 East “B” Street
Ontario, CA 91764
Attention: Planning Director
To Owner: Daniel Gillis
208 East El Morado Court
Ontario, CA 91764
10. General Provisions.
A. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
B. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property.
C. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the 814
parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.
D. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
E. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
F. This Agreement shall be construed and governed in accordance with the laws of the State of California.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino.
12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 815
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.
CITY OF ONTARIO
Dated: By:
City Manager
Attest
City Clerk
Approved as to Form
City Attorney
816
Dated: By:
Daniel Gillis, Owner
817
Exhibit A: Historic Property Preservation Agreement
Legal Description
Address: 208 East El Morado Court
Ontario, CA 91764
APN: 1048-243-02 File No.: PHP24-008
The property located at: 208 East El Morado Court
Ontario, CA 91764
is legally described as: EL MORADO TRACT LOT 11 BLK 4
APN: 1048-243-02-0-000
818
Exhibit B: Historic Property Preservation Agreement
Property Maintenance
Address: 208 East El Morado Court
Ontario, CA 91764
APN: 1048-243-02 File No.: PHP24-008
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures and buildings, such as fences, roofs, doors, walls, and windows;
2. Scrap lumber, junk, trash or debris;
3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items;
4. Stagnant water or excavations, including unmaintained pools or spas;
5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location.
The property owner shall also comply with the provisions of the Duty to Keep in Good Repair Section 7.01.045 of the Ontario Development Code and all other applicable provisions of the City’s Property Appearance – Nuisance Ordinance (Chapter 22 of Title 5 of the Ontario Municipal Code, Commencing at Sec. 5-22.02).
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Exhibit C: Historic Property Preservation Agreement
Proposed Improvements
Address: 208 East El Morado Court
Ontario, CA 91764
APN: 1048-243-02 File No.: PHP24-008
Contract
Year Description
2025: Install fencing along the west interior property line. Tree trimming located in front yard. Repair one window on west.
2026: Repair sewer main. Repair one window on the east. 2027: Replace knob and tube wiring with new electrical system. 2028: Repair concrete at patio, replace rotted wood columns at front porch, install missing ledger board and install missing post supports to reinforce front porch.
Replace water heater. Repair basement window.
2029: Replace or repair damaged wood siding, eaves, rafter tails and soffits. 2030: Repair 2 windows east elevation. Install new gutters. Tree trimming located in front yard ($600).
2031: Repair bathroom walls. Repair broken floor tiles in bathroom. Add exhaust fan in bathroom.
2032: Refinish original hardwood floors throughout house. 2033: Repair substructure framing. HVAC and plumbing repairs. 2034: Paint exterior of house.
820
Department: Planning
Prepared By: Diane Ayala
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:
A PUBLIC HEARING TO CONSIDER AN ORDINANCE ADOPTING AN AMENDMENT TO CHAPTER 14, TITLE 8 OF THE ONTARIO MUNICIPAL CODE TITLED HISTORIC
BUILDING CODE, EXISTING BUILDING CODE AND REFERENCED STANDARDS ESTABLISHING SECTION 8-14.04 ALTERNATIVE BUILDING STANDARDS FOR
ADAPTIVE REUSE PROJECTS
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
PUBLIC HEARINGS
RECOMMENDATION:
That the City Council introduce and waive further reading of the Ordinance Approving an amendment to Chapter 14, Title 8 of the Ontario Municipal Code establishing alternative building standards for adaptive reuse projects.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:
There is not a direct fiscal impact associated with this action.
BACKGROUND & ANALYSIS:
On June 18, 2024, the City Council adopted an Ordinance approving a Development Code Amendment which established the Historic Preservation- Adaptive Reuse Plan.
To work in concert with the approved Development Code Amendment, staff has initiated a Municipal Code Amendment to allow for the establishment of alternative building standards for adaptive reuse projects (or change of building classification/occupancy). The proposed amendment will further target adaptive reuse of designated historic buildings to multiple-family residential, office, commercial, work/live, or retail while removing construction barriers related to zoning, building, and fire code compliance. In turn, the adaptive reuse program will further incentivize preservation of historically significant resources, streamline the review and approval process by waiving the development plan review, reduce underutilized sites, reduce demolition, and foster sustainable community development.
Adaptive reuse programs rely upon the California Historic Building Code, California Existing Building Code, and California Health and Safety Code to provide the authority for the Building Official and Fire Marshal to consider alternative building standards and methods of construction while ensuring adequate health and safety protections for the new use. 821
The following Amendment is described as follows:
8-14.04.01 Purpose.
The Historic Preservation- Adaptive Reuse Plan in Title 9 Development Code expanded the scope of eligible and underutilized buildings or structures that have great potential to be converted into new uses or occupancy that can benefit from relief of parking standards, setbacks and zoning height limitations. However, key to the success of the Adaptive Reuse Plan relies on the ability of the Building Official and Fire Marshal to effectively use their authority to grant code modification or alternative materials, design and methods of construction and equipment to address practical difficulties involved in complying with the strict provisions of the code or consider alternative design or methods not specifically prescribed in the code. Other statutory regulations such as the California Historic Building Code adopted in Chapter 14, Section 8-14.01 and the California Existing Building Code adopted in Section 8-14.02, including Government Code Sections 17958.11 and 19957 of the California Health and Safety Code, provides the Building Official and Fire Marshal with the ability to consider other alternative building standards. Therefore, the purpose of this chapter is to amend, expand, establish and clarify alternative building standards for the conversion of existing buildings or structures to accommodate new uses or occupancy for other purposes than what it was originally designed for and still provide reasonable use and safety to the building occupants.
8-14.04.02 Applicability.
Projects that meet the definition and applicable requirements of an adaptive reuse project pursuant to Title 9 Development Code may be permitted to use the alternative building standards of this chapter.
8-14.04.03 Adaptive Reuse Technical Manual.
A. Although other chapters or sections of the Ontario Municipal Code and the most recently adopted edition of the California Building Standards Codes are applicable to new construction or a change of use or occupancy, the use of the Adaptive Reuse Technical Manual, which includes Alternative Building Materials and Methods, may be permitted to provide alternative regulations for adaptive reuse projects that meet the applicability requirement of Section 8-14.04.02.
B. The Building Official and Fire Marshal shall prepare, maintain, and update, as deemed necessary and appropriate, the Adaptive Reuse Technical Manual (Exhibit A) and shall include technical information and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements and procedures as the City deems necessary, for implementing the provisions of this chapter.
C. The Building Official and Fire Marshal shall develop, as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, informational bulletins, training manuals and educational materials to assist in the implementation of this chapter. 822
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 14 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE, ADDING SECTION 8-14.04, ALTERNATIVE BUILDING
STANRDS FOR ADAPTIVE REUSE PROJECTS , AND MAKING FINDINGS IN SUPPORT THEREOF.
WHEREAS, the California Historic Building Code (CHBC), the California Building Code (CBC) Chapter 34, the California Existing Building Code (CEBC) Part 10, and the California Health and Safety Code (CHSC)Section 17958.11 and Section 19957 provide the Building Official and Fire Marshal with the ability to consider alternative building standards while ensuring adequate health and safety protections; and
WHEREAS, the City desires to target adaptive reuse (o r change of building classification/occupancy) of designated historic buildings to multiple -family residential, office, commercial, work/live, or retail while removing construction barriers related to zoning, building, and fire code compliance; and WHEREAS, adaptive reuse will further incentivize preservation of historically significant resources, streamline the review and approval process by waiving the development plan review, reduce underutilized sites, reduce demolition, and foster sustainable community development; and
WHEREAS, adaptive reuse rel ies upon the California Historic Building Code, International Existing Building Code, and California Health and Safety Code to provide the authority for the Building Official and Fire Marshal to consider alter native building standards and methods of construction while ensuring adequate health and safety protections for the new use; and
WHEREAS, the Fire Marshal, Building Official and Planning Director may approve alternative materials and methods finding that special difficulties observed in an existing building make the strict letter of the local codes impractical and the alternative is in compliance with the intent and purpose of the local codes and that such modification does not lessen health, life and safety requirements; and WHEREAS, the City held a public hearing on December 3, 2024, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
823
SECTION 1. Findings. The City Council hereby finds that the proposed Amendment is necessary to expand, establish, and clarify alternative building standards for the conversion of existing buildings or structures to accommodate new uses or occupancy for other purposes than what it was originally designed for and still provide reasonable use and safety to the building occupants .
SECTION 2. Amendment. Chapter 14 , Historic Building Code, Existing Building Code and Referenced Standards , of Title 8 of the Ontario Municipal Code is hereby amended to add Section 8 -14.04, Alternative Building Standards for Adaptive Reuse Projects, to read as follows:
8-14.04.01 – Purpose. The Historic Preservation - Adaptive Reuse Plan in Title 9 Development Code expanded the scope of eligible and underutilized buildings or structures that have great potential to be converted into new uses or occupancy that can benefit from relief of parking standards, setbacks and zoning height limitations. However, key to th e success of the Adaptive Reuse Plan relies on the ability of the Building Official and Fire Marshal to effectively use their authority to grant code modification or alternative materials, design and methods of construction and equipment to address practic al difficulties involved in complying with the strict provisions of the code or consider alternative design or methods not specifically prescribed in the code. Other statutory regulations such as the California Historic Building Code adopted in Chapter 14, Section 8-14.01 and the California Existing Building Code adopted in Section 8 -14.02, including Government Code Sections 17958.11 and 19957 of the California Health and Safety Code, provides the Building Official and Fire Marshal with the ability to consi der other alternative building standards. Therefore, the purpose of this chapter is to amend, expand, establish and clarify alternative building standards for the conversion of existing buildings or structures to accommodate new uses or occupancy for other purposes than what it was originally designed for and still provide reasonable use and safety to the building occupants.
8-14.04.02 – Applicability. Projects that meet the definition and applicable requirements of an adaptive reuse project pursuant to Ti tle 9 Development Code may be permitted to use the alternative building standards of this chapter. 8-14.04.03- Adaptive Reuse Technical Manual.
(A) Although other chapters or sections of the Ontario Municipal Code and the most recently adopted edition of the California Building Standards Code are applicable to new construction or a change of use or occupancy, the use of the Adaptive Reuse Technical Manual, which includes Alternative Building Materials and Methods, may be permitted to provide alternative regulations for adaptive reuse projects that meet the applicability requirement of Section 8-14.04.02.
(B) The Building Official and Fire Marshal shall prepare, maintain, and update, as deemed necessary and appropriate, the Adaptive Reuse Technical Manual and shall include technical information and 824
implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements and procedures as the City deems necessary, for implementing the provisions of this chapter. (C) The Building Official and Fire Marshal shall develop, as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, informational bulletins, training manuals and educational materials to assist in the implementation of this chapter.
SECTION 3. Filing of Ordinance. The Building Official shall transmit a copy of this Ordinance for filing to the State of California Building Standards Commission, pursuant to Health and Safety Code Section 17958.7. One copy of the Ontario Building Code shall be placed on file in the Office of the City Clerk and is hereby adopted and made a part of this Chapter as if fully set forth at length herein.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance , or any part thereof, is for any reason held to be unconstitutional or invalid or in effective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
SECTION 5. CEQA. The City Council finds that the changes made to the California Building Code and the International Building Code are enacted to mitigate threats to public peace, health and safety from earthquakes, high winds and fire.
Moreover, the amendment s are substantially similar to those provisions previously enacted and contained in the current version of the City's Building Code. Therefore, it can be seen with certainty that the adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption within five (5) days of the adopting of this Ordinance.
SECTION 6. 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.
825
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
826
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)
827
Adaptive Reuse
Technical Manual
Draft- October 2024
828
Section Description
TABLE OF CONTENTS
1 Introduction
2 General Applicability
3 Adaptive Reuse Plan Area
4 Process
5 Development Standards and Incentives
6 Design Consideration
Page
A Definitions
B Empowering Legislation and Codes
2 3
6 7
10 12
19 21
Due Diligence
Preliminary Review Discussion
Determination of Adaptive
Reuse
Conceptual Plan Review
Plan Check
Construction and Inspection
Certificate of Occupancy
Appendix
Old City Hall
(Local Landmark No. 2)
Ontario Museum of History & Art
(Local Landmark No. 2)
829
Section 1
Introduction
Adaptive reuse is the process of
reconfiguring or remodeling a
building or site to accommodate
a new use or a purpose other
than for what it was originally
designed, thereby reducing
environmental impacts.
An Adaptive Reuse Plan recognizes the
economic, environmental, and cultural value of
preserving historic landmark buildings and
structures; provides a framework for sustainable
development; and offers a clear process to
review a variety of projects resulting in a range
of new uses. The City seeks to encourage
adaptive reuse by streamlining the plan check
process and allowing greater flexibility to better
serve the needs of the evolving community.
By reusing an existing building, the energy
required to create these spaces, the material
waste generated from the tenant improvement,
and the use of new materials are lessened. The
revitalization of buildings through reuse or
repurposing also helps to stabilize
neighborhoods and preserve the City’s historic
character and architecture, reduce the
environmental impacts and costs associated
with new construction, and enhance economic
growth with new housing and employment
opportunities. Communities further benefit
from the added values of context, culture,
history, and ambiance resulting in true
community redevelopment and sustainability.
This Adaptive Reuse Plan Technical Manual
(Manual) is based on interpretations of the
California Building Standard Codes and serves as
a guideline to clarify certain aspects of adaptiv e
reuse projects. It is not intended to be an all -
inclusive Handbook. Further, the provisions of
this Manual are only applicable to adaptive reuse
projects identified by the Planning Director,
Building Official, and Fire Marshal, and do not
reduce the applicability of the California Building
Standards Codes for new projects.
The City reserves the right to update this Manual
as deemed necessary.
Restaurant (2024)
Bank of Italy Building
(Local Landmark No. 86)
830
Section 2
General Applicability
Qualification for adaptive reuse
is determined on an individual
basis with the understanding
that each project is unique and
requires specific attention.
The Alternative Building Standards contained in
the Ontario Building Standards Code ( or City of
Ontario Municipal Code, Volume II, Title 8,
Building Regulations) support the goals of the
Adaptive Reuse Plans and were incorporated
into the triennial buildin g code update under
Ordinance ORD XXX, as approved by the City
Council on XXX, and effective on XXX.
The Ontario Development Codes standards were
incorporated to define land use and provide
guidance for the use of existing building setbacks
and height, as well as parking and other
development standards (detailed in Section 5 of
this Manual). These Development Standards
were incorporated into Chapters 2, 4 and 7
under of the Ontario Development Code (or City
of Ontario Municipal Code, Volume II, Title 9,
Development Code) Ordinance 03278, as
approved by the City Council on June 18, 2024.
Key to the success of an Adaptive Reuse Plan is
the ability of the Planning Director, Building
Official, and Fire Marshal to effectively use their
authority to grant code modifications or the use
of alternate materials, design and methods of
construction, and equipment to address
practical difficulties involved in complying with
the strict provisions of the Code. Other statutory
regulations, such as the California Historic
Building Code (CHBC), the California Building
Code (CBC) Chapter 34, the California Existing
Building Code (CEBC), and the California Health
and Safety Code (CHSC) provide the Building
Official and Fire Marshal with the abilit y to
consider alternative building standards while
ensuring adequate health and safety
protections. In addition, the ability of the
Planning Director to grant relief from parking
standards, setbacks, and height limitations on
existing buildings and structu res further
contributes to this goal.
INTENT
Although the California Building Standards Code
and the Ontario Building Standards Code are
applicable to new construction, or change of use
or occupancy, it is the intent of this Manual to
provide alternative approaches to mandated
Codes that will permit adaptive reuse and still
provide minimum requirements to safeguard the
public health, safety, and welfare of the building
occupants.
APPLICABILITY
Nothing in this Manual shall be construed to
allow an existing building, or portion thereof, to
be altered such that the building becomes less
safe than its existing condition. Where such
existing elements, seismic or life safety, provide
a greater level of protection than the minimum
requirement of the Code or th is Manual, those
elements shall not be reduced.
New construction, addition, repair, or
maintenance not associated with a change of use
or occupancy classification and projects that do
not qualify as an adaptive reuse project are
beyond the scope of this M anual. Other Titles,
Chapters or Sections of the Ontario Municipal
Code, and the most recently adopted edition of
the California Building Standards Code , shall
apply, where applicable.
Projects that qualify as an adaptive reuse
project, pursuant to Sectio n 5 of this Manual,
may also be permitted to use Section 6 of this
Manual. In addition, the alteration, addition or
3 2 831
change of use or occupancy, or portions thereof,
shall comply or be made to comply with all the
applicable requirements for the construction of
a new building of the same use or occupancy,
except as provided for in this Manual.
The State of California Department of Housing
and Community Development has interpreted
that for private multi- family dwellings built and
occupied before March 13, 1991, adaptive reuse
alterations in such buildings (including change of
use) shall be maintained in compliance with the
accessibility standards in effect at the time of
construction. This means existing floors of a
multi-family dwelling that goes through non -
structural upgrades are not considered “newly
constructed covered multi-family dwellings” and
may not have to comply with the accessibility
requirements for new construction.
BUILDING INFRASTRUCTURE (ELECTRICAL,
PLUMBING AND MECHANICAL)
Upgrading a building’s electrical, plumbing, and
mechanical system as part of an adaptive reuse
project may be necessary since a building’s
infrastructure life span is normally 30 years.
Electrical, plumbing, and mechanical system
changes shall meet the new code unless the
Building Official approves a code modification or
if the building is a qualified historical building or
property.
Artist Lofts and Gallery
4 Old Post Office
(Local Landmark No. 38)
832
5 Ford Citrus Motors (Circa 1980s)
Retail & Office (2023)
833
Section 3
Adaptive Reuse Plan Area
The purpose of this section is to
provide a general overview of
the area within the City that
allows adaptive reuse.
Adaptive Reuse Plan approval shall allow for
those land uses identified in Table 5.02 -1 (Land
Use Matrix) of th e Ontario Development Code
(ODC) 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
emit 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.
Qualifying buildings include those listed on the
National Register of Historic Places, the
California Register of Historic Resources, or the
Ontario Register of Historic Resources , as
designated local landmarks, or contributors to
designated local historic districts located within
the Adaptive Reuse Plan Area.
Adaptive Reuse Plan Area (Figure 3.1) 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.
6 Figure 3.1 – Adaptive Reuse Plan Area
6 834
Section 4
Process
Adaptive reuse projects can be
rewarding and serve many
useful purposes. These projects
require a comprehensive review
and are not to be undertaken
lightly.
Ontario Development services staff examines
the qualification for adaptive reuse on an
individual basis with the understanding that
each project is unique and requires specific
attention. To qualify, a project must involve a
substantial change of use from a building
perspective. Specifically, projects will require a
change of use and building classification
(occupancy) from office or commercial to
residential, industrial to work/live, residential to
office or commercial, or assembly to residential,
office or commercial. Adaptive reuse does not
pertain to minor alterations to an existing
structure or the use of a current building or
facility for a similar purpose.
Each project is also required to conform to
Section 4.03.010: Historic Preservation Adaptive
Reuse Plan of the ODC which identifies existing
development standards and addresses all
further policies and procedures for adaptive
reuse projects.
The primary purpose of this Manual is to provide
guidance to architects, engineers, and designers
to aid in developing creative mitigation
measures based on the building deficiencies
and/or structural performance levels; therefore,
it is to be expected that the plan check process
will require more iterations of review than new
construction projects. In addition, it is to be
expected that new or unusual issues might come
up during the plan check process.
PROCESS OVERVIEW
Adaptive reuse projects can be rewarding and
serve many useful purposes. These projects are
not to be undertaken lightly and require a higher
level of expertise to be successful. The effective
adaptive reuse of buildings requires:
• Code expertise – to take advantage of
proper provisions of the Ontario
Municipal Code and Building Codes
where applicable.
• Structural background – to evaluate
existing building conditions, strengths,
and weaknesses, and use the
opportunity to propose structural
strengthening that meets the codes.
• Specific working expertise – Adaptive
reuse projects require special expertise
by architectural historians, architects,
and design professionals that meet the
minimum qualifications standards of The
Secretary of the interior Professional
Qualifications (Code of Federal
Regulations, 36 CFR Part 61).
• The Planning Director, Building Official,
and Fire Marsh al shall also be flexible
and allow creative solutions to building
codes that do not waive or relax fire and
life safety issues.
The following steps have been designed to help
applicants navigate through the adaptive reuse
process:
1. Due Diligence
It is crucial to complete a comprehensive review
before purchasing or making any modifications
to an existing building when it pertains to an
adaptive reuse project. This investigative phase
is critical and typically requires a detailed
inspection by trained and licensed professionals.
7 835
Property Ownership - Existing buildings
sometimes demonstrate complicated issues
such as addressing, property line, and ownership
issues that must be addressed prior to any new
project permitting.
Utilities and Existing Bui lding Infrastructure -
Existing buildings may also be limited as far as
the capacity of the electrical, water, gas, and
sewer services. Upgrading of water, sewer, gas,
and electrical services are normally costly items
and can impact an adaptive reuse project.
2. Preliminary Review Discussion
After the building has been thoroughly assessed,
it is time to develop conceptual designs,
narrative descriptions about the project, pro
forma financial analysis, and other similar
evaluations for the site. Looking at th e project
from various perspectives will eventually help
shape the successful proposal.
While most of this effort will be undertaken by
the developer, City staff are available to discuss
options, identify possible concerns or
limitations, and the best use for the proposed
project. Establishing contact with the Planning
Department early in the conceptual
development is highly encouraged.
3. Determination of Adaptive Reuse
The determination of adaptive reuse is at the
discretion of the Planning Director, Building
Official, and Fire Marshal. For instance, the
conversion of a commercial building to another
form of commercial use or the conversion from
retail to restaurant are examples of project types
that typically would not qualify as adaptive reuse
projects and would not be able to take
advantage of the provisions in this Manual.
Determination that the proposed project in
conceptual review is an adaptive reuse plan shall
be provided by the City in writing in the form of
a letter to the applicant. This letter shall be
included in subsequent plan sets and review
process submittals, along with any conditions of
approval that may result from the Site Plan
Review or plan check process.
4. Conceptual Plan Review
Upon submittal of a complete Adaptive Reuse
Plan application to the Planning Department, the
City will review the adaptive reuse project for
overall design, exterior materials, internal flow,
zoning requirements, and many other factors to
ensure that the project meets the requirements
and will result in a functional and attractive
addition to the City.
The review may require preparation of a Historic
Structure Report by an architect, structural
engineer, and historian to identify existing
conditions, constraints, and opportunities to
develop a framework for design strategies. Plans
for review shall include a structural analysis of
building components, MEP and HVAC systems,
clear lanes of egress, sprinkler alarm systems,
and hood system, if a kitchen is proposed.
Alternative Materials and Method requests shall
be made at this time to the Building Official and
Fire Marshal, if necessary, to achieved desired
outcome. Additionally, the City may require a
site visit with the project team and owner.
5. Plan Check
Once the Adaptive Reuse Plan has been
approved, the project is ready to be submitted
for Plan Check. The review at this stage focuses
on compliance with the Ontario Building
Standards Code.
6. Construction and Inspection
Adaptive reuse projects are complex and
challenging. Even if all the above steps are
completed, given the nature of existing
buildings, especially his toric structures,
unforeseen complexities are to be expected
during construction. Because of this, a more
involved and frequent inspection process, field
8 836
changes, or modification to construction
drawings are likely.
Regular communication with the building
inspector during construction will be vital to
ensure that potential delays are minimized or
reduced.
7. Certificate of Occupancy
At the completion of construction, the Building
Department will issue a Certificate of Occupancy
allowing the adaptively reused building to be
used for its new purpose.
Section 5
9 Restaurant (2017)
Ontario Laundry Company
(Local Landmark No. 6)
837
Development Standards
and Incentives
Adaptive reuse projects involve
thorough planning
considerations and
are subject to Special
Development Standards.
Adaptive Reuse Plans will be evaluated and is
subject to the following pursuant to Chapter 4
(Permits, Actions and Decisions) of the Ontario
Development Code:
Land Use. The intent of adaptive reuse is to allow
conversion of existing structures into new land
uses that maintain or enhance the character of a
neighborhood or district, extend the life of the
building, reduce use of new construction
materials, reduce construction waste generated,
and provide additional employment or housing
opportunities in appropriate and compatible
locations.
Adaptive Reuse projects permitted pursuant to
this subdivision shall be developed in compliance
with the following standards:
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,
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 quart ers in the building,
including those that existed prior to the effective
date of this ordinance, shall be a minimum of 750
square feet. That minimum average size shall be
maintained and not reduced.
Storefront. The ground floor of an existing
multiple level commercial building shall contain
street frontage and shall be used as a
commercial storefront. Residential on grade may
occur at the rear of the building behind the
storefront.
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.
Other Provisions. Floor Area Ratio (FAR),
Landscaping, Lot Coverage, and any other
development standard of the underlying zone
may be waived.
The Planning Director may grant the following
departures from certain development standards
and requirements to incentivize qualified
Adaptive Reuse Plans:
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.
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.
Parking Reduction. New parking spaces shall not
be required for any converted use within the
10 838
existing footprint of the building, but expansions
of floor area shall require one parking space per
bedroom or 1 parking space per 250 square feet
of gross floor area for office or commercial.
Setbacks. Existing building setbacks may remain
and shall be considered legally nonconforming,
but no further encroachments shall be permitted
into any nonconforming setback.
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.
Open Space. Private open space for residential
adaptive reuse pro jects 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.
Loading Zone. A new loading zone shall not be
required if the existing building does not have an
existing loading zone.
Environmental. Environmental issues can
introduce daunting challenges in adaptive reuse
projects. Existing buildings can sometimes
demonstrate complicated or deficient building
configurations or involve property
contamination, such as asbestos, lead, or
underground tanks or utilities, that limit certain
types or prohibit all types of occupancy.
Preparation of CEQA /NEPA clearances, such as
an Environmental Impact Report or Historic
Structures Report, and some project- specific
mitigation measures may be required before any
adaptive reuse can be contemplated.
In approving an Adaptive Reuse Plan, the
Planning Director may impose certain safeguards
and standards to ensure that the purposes of the
Ontario 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 (general plan)
and any applicable specific and/or area plan(s).
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 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, Historic Preservation — Adaptive
Reuse Plan; and
3. A Certificate of Appropriateness has
been approved or Waived for the Adaptive
Reuse Plan.
11 839
Section 6
Design Consideration
The purpose of this section is to
provide alternative building
standards pursuant to building
and fire regulations.
The following alternatives may be applied to all
existing buildings eligible as adaptive reuse
projects.
BUILDING STRUCTURE
The California Building Codes (CBC) requires an
existing building that undergoes a change of use
or occupancy that results in it being reclassified
to a higher risk category, as defined in CBC Table
1604.5, to meet the seismic requirements of the
CBC. Where additions or alterations to an
existing building cause an increase in design
gravity load of more than five percent (5%) or a
decrease in gravity load -carrying capacity, the
existing gravity load-carrying structural elements
shall be designed to meet the structural
requirements for new construction. Where
additions or alterations to an existing building
cause an increase in design lateral load of more
than ten percent (10%) demand - capacity ratio
or a decrease in lateral load -carrying capacity,
the existing lateral load -carrying structural
elements shall be designed to meet the seismic
requirements for new construction. Whenever
any of the conditions above are not applicable,
then a required seismic or structural upgrade of
the existing structural elements will not be
mandated to comply with the requirements for
new construction.
All voluntary (non -mandated) seismic
improvements are permitted to be evaluated
under the provisions of the CBC for the design of
strengthening existing structural elements.
Alternatively, the Building Official may permit
the use of other structural design standards,
such as the ASCE/SEI 7-16 Seismic Rehabilitation
of Existing Buildings, to evaluate an existing
building and the design of strengthening existing
structural elements. All new structural elements
shall meet the requirements for new
construction.
Any structural or seismic upgrades to existing
buildings mandated by City ordinances, or State
laws, or statutes shall apply.
Performance-based engineering analysis and
design procedures may be used to evaluate an
Existing Building and the design of strengthening
elements when approved by the Building
Official. All existing structural elements of an
Existing Building shall be strengthened to meet
the minimum design analysis as specified in the
CBC Chapters 16 or new structural elements shall
be added when required.
BUILDING ARCHITECTUAL ELEMENTS &
MATERIALS
Exterior Wall Construction. The existing exterior
wall construction of an existing building may be
maintained without complying with the f ire-
resistance rating requirements of the CBC
Chapter 6 if approved by the Building Official and
Fire Marshal. Any addition or alteration to th e
existing exterior wall construction of an existing
building shall be made to comply with the
requirements for new construction.
Exterior Opening Protection. Existing
unprotected openings in the exterior walls of an
existing building based on fire separation
distance where a change of use or occupancy
occurs shall comply with the requirements for
new construction.
Existing openings in the exterior walls of an
existing building that are not allowed by the CBC
§705.8 due to their proximity to the property
lines may not be used to satisfy other code
requirements including, but not limited to, light
and ventilation, smo ke control, or emergency
escape.
12 840
New unprotected openings or alteration of
existing openings in the exterior walls of an
existing building shall be made to comply with
the requirements for new construction.
Exception: In lieu of Items above, a code
modification to allow unprotected openings in
the exterior walls of an existing building based
on fire separation distance or proximity to an
exit may be considered in the following cases:
a. Existing unprotected openings may be
maintained without complying wit h the
requirements of the CBC 705.8 provided
the existing openings are protected with
an approved water curtain designed to
the satisfaction of the Building Official
and Fire Marshal.
b. Unprotected openings within 10 feet of
the fire escape or fire escape ladder may
be maintained provided the openings
are protected with an approved water
curtain designed to the satisfaction of
the Building Official and Fire Marshal.
c. Unprotected openings may be provided
without complying with the
requirements for new cons truction
when equivalent materials or methods
are provided to mitigate the potential
fire-life safety hazard if approved by the
Building Official and Fire Marshal.
MEANS OF EGRESS
Exit Stairways. Due to the fact that floor-to-floor
height in buildings are established and modifying
the rise and run of stairways may not be
physically possible or make the project not
feasible, the Building Official and Fire Marshal
will consider suggestions by the design
professionals to address the following: numbe r,
dimensions, clearances for the stairs ways, rise
and runs, landing clearances, loading and other
possible compliance deviations with the new
codes. If reasonable upgrades are possible, they
shall be implemented.
Existing stairwells that do not comply with
today’s requirements may be allowed to remain
unaltered at the discretion of the Building
Official and Fire Marshal.
Elevators. Depending upon the nature of the
buildings, high -rise or low -rise elevator
requirements and sizing are different. Existing
building elevators may not need to meet the
current code requirements except when
required to comply with the California Code of
Regulations Title 8, Division 1, Chapter 4, Sub -
chapter 6 – State Elevator Safety Order.
Elevators can be restricted as far as the numbers,
size, capacity, and dimensions, however at a
minimum, shall meet the fire rating and smoke
protection requirements for the shaft. Existing
freight elevators shall not be used as passenger
elevators. In buildings where an existing elevator
cannot meet the minimum dimensions for a
gurney, the Fire Department may utilize a stair
chair.
A new addition, such as an elevator, has the
potential to change a historic property’s
appearance and destroy significant buildings and
landscape features. Thus, all new additions
should be compatible with the size, scale, and
proportions of historic features and materials
that characterize a property. New additions
should be carefully located to minimize
connection points with the historic build ing,
such that if the addition were to be removed in
the future, the essential form and integrity of the
building would remain intact.
Fire Escapes. Maintenance of fire escapes is
essential to assure their usability and safety. Fire
escapes must be clear of obstructions, have clear
access by means of doors and windows, and
have fire resistive opening protective in place. In
addition, the structural integrity of the fire
escape and its anchors to the building structure
must be maintained in good condition.
Exception: A code modification to allow for the
use of an alternative exit may be considered for
an existing fire escape used as one of the
13 841
required exits from the upper floor of an existing
building if it is in good operating condition,
structurally sou nd as certified by a structural
engineer, complies with the CBC §3406, does not
serve as an exit for an assembly use or
occupancy, and is approved by the Building
Official and Fire Marshal.
Rooftops. Newly occupied rooftops or an
increase in the occupant load on an existing
occupied rooftop shall be provided with exits in
compliance with the CBC Chapter 10. At
minimum, any new assembly use with an
occupant load of 50 or more on an existing
rooftop will require at least two means of egress
that do not include the use of fire escapes.
Newly occupied rooftops located 75 feet or more
above the lowest level of Fire Department
vehicle access may be required to comply with
the provisions of the CBC §403, as determined by
the Fire Marshal.
FIRE PROTECTION AND LIFE SAFETY SYSTEMS
Smoke/Carbon Monoxide Alarms. As of January
1, 2013, multi -family dwellings, such as
apartment or condominium buildings, are
required by State law to install carbon monoxide
(CO) alarms. Carbon monoxide alarms are not
required in dwellings that do not contain fuel -
burning appliances, and are totally electric, and
lack an attached garage.
Sprinkler System. Building conversion to light or
heavy industrial occupancy would more than
likely result in changes to the sprinkler system
design. In such conversions, quantity and storage
of hazardous materials shall be considered in
overall project and sprinkler system design.
The purpose of this section is to provide
alternative building standards for the conversion
of existing non-residential buildings, or portions
thereof, to multi-family residential use.
SPECIAL USE OR OCCUPANCY (NON -
RESIDENTIAL TO MULTI-FAMILY RESIDENTIAL)
The change of use or occupancy of an existing
non-residential building, or portion thereof, to
multi-family residential use shall be made to
conform to all the requirements of the CBC
Chapter 5 regarding the allowable building
heights, floor areas, and number of stories.
Exception: A code modification to allow the
change of use or occupancy to multi -family
residential use to be made without conforming
to all the requirements of the CBC Chapter 5
regarding the allowable building height, floor
areas and number of stories may be considered
under the following conditions:
No additional floor area is made to the existing
building.
Additional fire-life safety features are provided
to the satisfaction of the Building Official and Fire
Marshal.
Joint Living and Work Quarters. Joint Living and
Work Quarters (JLWQ) is a type of live/work use,
for occupation by artists, artisans, and si milarly
situated individuals, as allowed by the California
Health and Safety Code §17958.11 . This section
of the Manual shall be applicable only to existing
buildings for which a building permit was issued
prior to May 11, 1998 and located in zones
where live/work use is permitted as an adaptive
reuse project.
Structural Requirements. An existing building to
be converted to JLWQ shall comply with the
following:
a. Occupancy. The change of use or
occupancy of an Existing Building, or portio n
thereof, to a JLWQ may be analyzed for seventy-
five percent (75%) of the Design Earthquake
Ground Motion, as defined in the CBC §1613.2,
and as specified in the CBC §1613 or ASCE 7, but
in no event shall there be a reduction in the
capacity of the existi ng seismic force -resisting
14 842
system where that system provides a greater
level of protection than the minimum
requirements established herein.
b. Mezzanine. The ceiling height above a
mezzanine within each individual JLWQ shall be
permitted to have a height of six (6) feet, six (6)
inches to any existing structural beams or girders
spaced not less than four (4) feet on center.
Mezzanines, lofts, their support s, access,
guardrails and/or enclosures may be of wood
construction in an Existing Building classified as a
Type or Type of Construction.
In addition, an existing building to be converted
to JLWQ shall:
• Post a sign in a conspicuous location at
each entrance to the building. The sign
shall be constructed of durable
weatherproof material.
• Conform to the requirements of the
Ontario Municipal Code Chapter 8.80 –
Noise for Residential Use for noise
levels generated by the residential
units.
• Not contain a use that is hazardous,
based on fire and life safety risk, as
determined by the Building Official/Fire
Marshal, in the non-residential portion.
MEANS OF EGRESS
Exit. Each floor where a change of use or
occupancy occurs shall have access t o a
minimum number of exit stairways that comply
with the CBC Chapter 10 requirements for new
construction.
Exceptions: Each residential unit on the second
floor of an existing building may utilize a folding
or collapsible ladder, listed by a nationally
recognized agency approved by the Building
Official, as a second required exit to the ground
from the window, provided the vertical distance
from the windowsill to the ground is 35 feet or
less. The window shall comply with the
emergency escape and rescue opening
requirements of CBC 1031.
Corridors. Any new corridor shall comply with
the requirements for new construction. Existing
corridor construction may be utilized as an exit
without complying as required for new
construction under the following conditions:
a. Transoms and other glazed openings
fixed in the closed position that are in
good condition may be maintained in an
existing corridor.
b. Existing penetrations or openings in the
existing corridor shall conform to the
requirements of the CBC 714 or 716, as
applicable.
c. Existing doors that are in good condition
and installed with approved smoke
gaskets, self -closing, and latching
devices to prevent smoke penetration
into each individual JLWQ may be
maintained in the existing corridor.
d. No more than thirty-three percent (33%)
of the existing corridor construction may
be repaired or replaced with the same
materials as the existing corridor.
Existing nonconforming fire -resistive walls and
ceiling of an existing corridor constructed of
wood lath and plaster that are in good condition
may be acceptable as equivalent to the required
one-hour fire-resistance rated construction.
Exceptions: Within multi -family residential
buildings, up to and including four stories in
height, a fire sprinkler system may be combined
with the domestic system if approved by the Fire
Marshal where all of the following conditions are
met:
a. The use of a combined system shall
require the approval of the Ontario
Water Department.
15 14
15 843
b. A single two -inch domestic service and
meter shall be installed.
c. A backflow preventer shall be installed
on the domestic water line after the
meter.
d. The fire sprinkler demand, including
inside hose, as required by the NFPA 13
standard, shall be less than 150 GPM.
A residential shut -off valve shall be installed to
automatically close the flow of domestic water
in the event of a fire sprinkler activation. The
valve shall be listed by a natio nally recognized
agency approved by the Fire Marshal for use
with fire sprinkler systems.
RESIDENTIAL USE TO NON-RESIDENTIAL USE
The purpose of this section is to provide
alternative building standards for the conversion
of existing residential buildin gs, or portions
thereof, to non-residential use.
SPECIAL USE OR OCCUPANCY
The change of use or occupancy of an existing
residential building, or portion thereof, to non -
residential use shall be made to conform to all
the requirements of the CBC Chapter 5 regarding
the allowable building heights, floor areas and
number of stories.
Exceptions: A code modification to allow the
change of use or occupancy to non -residential
uses to be made without conforming to all the
requirements of the CBC Chapter 5 regarding the
allowable building height, floor areas and
number of stories may be considered under the
following conditions:
a. No additional floor area is made to the
existing building.
b. Additional fire-life safety features are
provided to the satisfaction of the Building
Official and Fire Marshal.
MEANS OF EGRESS
Exit. Each floor where a change of use or
occupancy occurs shall have access to a
minimum number of exit stairways that comply
with CBC Chapter 10 requirements for new
construction.
FIRE PROTECTION AND LIFE SAFETY SYSTEMS
Fire protection and life safety systems shall be
provided and designed to comply with the CBC
Chapter 9 requirements for new construction.
FIRE PROTECTION AND LIFE SAFETY SYSTEMS
Smoke Control System. A smoke control system
shall be provided.
Fire Alarm System . The fire alarm system shall
be designed as required for a new high -rise
building.
Water Storage Tanks. A secondary water
storage tank is required for existing high -rise
buildings.
Standpipe System. The Standpipe system shall
be designed as an automatic wet combined
standpipe supplied from the fire pump.
Emergency Responder Radio . Emergency
responder radio coverage shall be provided for
the building if a test by the Fire Departmen t
determines that portable radio communication
is ineffective.
Areas of Refuge. Existing high-rises that cannot
accommodate areas of refuge will not be
required to provide them, as well as new
vestibules, however, luminous egress path
markings may be required, based upon the
occupancy.
16 844
Emergency Power System. An emergency power
system shall be provided to supply all fire life
safety systems.
Fire Command Center. A fire command center
shall be provided at a location approved by the
Fire Marshal.
A code modification to allow other existing
nonconforming high -rise building elements or
materials may be obtained if approved by the
Building Official and Fire Marshal.
MIXED-USE BUILDINGS
FIRE PROTECTION AND LIFE SAFETY SYSTEMS
Partially Sprinklered Buildings. When fire
sprinklers are required, they shall be extended
through all new construction areas.
Occupancies. Less intensive use occupancies
typically will not have as many architectural or
structural issues; however, intensive use
occupancies will require more evaluation of the
building and its necessary mitigations. More
intensive uses are the most complicated
scenarios that a design team and jurisdictional
Officials may face. Both parties need to work
very closely from the inception of a project and
develop the necessary improvements for the
project. Examples:
• Conversion of an office building to a
residential building is easier than vice
versa.
• Conversion of an office use to a "B-
occupancy" restaurant is less
complicated than converting an office
space to an "A -occupancy" restaurant
from a fire, life safety, and hazard
standpoint.
Bumstead Bicycles Building
(Local Landmark No. 87)
17 845
18 Chaffey Community
Museum of Arts (2013)
Ontario Power Co. (Built in 1907)
846
Appendix A
Definitions
GENERAL
Scope. Unless otherwise expressly stated, the
following words and terms shall, for the purpose
of this title, have meanings shown in this
chapter.
Interchangeability. Words used in the present
tense include the future; words stated in the
masculine gender incl ude the feminine and
neuter; the singular number includes the plural
and the plural, the singular.
Terms defined in other titles, chapters, or
codes. Where terms are not defined in this title
and are defined in other titles, chapters or codes,
such terms shall have the meanings ascribed to
them as in those titles, chapters, or codes.
Terms not defined. Where terms are not defined
through the methods authorized by this section,
such terms shall have ordinarily accepted
meanings such as the context implies. Webster’s
Third New International Dictionary of the English
Language, Unabridged shall be considered as
providing ordinarily accepted meanings.
DEFINITIONS
“ADAPTIVE REUSE” means a construction or
remodeling project that reconfigures existing
spaces, structures, or buildings to accommodate
a new use or to accommodate another purpose
than what it was originally designed for as
defined in Ontario Municipal Code.
“ARTIST” or “ARTISAN” is a person regularly
engaged in the arts that require a large am ount
of space for the pursuit of their artistic
endeavors and for the storage of materials
therefore, and the products thereof, than are
regularly found in a dwelling. Such a person
engaged in the following activities, including but
not limited to, drawing , painting, sculpture,
filmmaking, new media, photography, and music
may be considered as an artist or artisan as
determined by the Building Official.
“ASCE 7-16” is a referenced standard in the CBC
Chapter 35 titled “Minimum Design Loads for
Buildings and Other Structures” published by the
American Society of Civil Engineers Structural
Engineering Institute.
“CALIFORNIA BUILDING CODE” or “CBC” is
the code in Title 24 of the California Code of
Regulations, Part 2, as adopted in the Ontario
Municipal Code Volume II Title 8, Chapter 1.
“CALIFORNIA BUILDING ENERGY EFFICIENCY
STANDARDS CODE” or “CBEESC” is the code in
Title 24 of the California Code of Regulations,
Part 6, as adopted in the Ontario Municipal Code
Volume II, Title 8, Chapter10.
“CALIFORNIA ELECTRICAL CODE” or “CEC” is
the code in Title 24 of the California Code of
Regulations, Part 3, as adopted in the Ontario
Municipal Code Volume II, Title 8, Chapter 4.
“CALIFORNIA EXISTING BUILDING CODE” or
“CEBC” is the code in Title 24 of the California
Code of Regulations, Part 10 as adopted in the
Ontario Municipal Code Volume II, Title 8,
Chapter 14.
“CALIFORNIA FIRE CODE” or “CFC” is the code in
Title 24 of the California Code of Regulations,
Part 9, as adopted in the Ontario Municipal Code
Volume I Title 4 Chapter 4.
“CALIFORNIA GREEN BUILDING STANDARDS
CODE” or “CGBSC” is the code in Title 24 of the
California Code of Regulations, Part 11, as
adopted in the Ontario Municipal Code Volume
II, Title 8, Chapter 12
“CALIFORNIA HISTORIC BUILDING CODE” or
“CHBC” is the code in Title 24 of the California
Code of Regulations, Part 8, Ontario Municipal
Code Volume II, Title 8, Chapter 14.
19 847
“CALIFORNIA MECHANICAL CODE” or “CMC”
is the code in Titl e 24 of the California Code of
Regulations, Part 4, as adopted in the Ontario
Municipal Code Volume II, Title 8, Chapter 2.
“CALIFORNIA PLUMBING CODE” or “CPC” is
the code in Title 24 of the California Code of
Regulations, Part 5, as adopted in the Ont ario
Municipal Code Volume II, Title 8, Chapter 7
“CITY” means the City of Ontario California.
“JOINT LIVING AND WORK QUARTERS” or
“JLWQ” is a residential occupancy of one or more
rooms or floors used as a dwelling unit that must
contain or be altered to include:
(1) cooking space, (2) sanitary facilities (water
closet, lavatory, and tub or shower), (3) sleeping
room or area, and (4) adequate workspace for
artistic working purposes reserved for, and
regularly used by, one or more artist, artisan or
similarly situated individual residing therein
pursuant to the California Health and Safety
Code §17958.11(a).
“ONTARIO BUILDING STANDARDS CODE” or
“LBBSC” is the code adopted in Volume II, Title 8
of the Ontario Municipal Code.
“ONTARIO MUNICIPAL CODE” means the
Ontario Municipal Code.
"ONTARIO DEVELOPMENT CODE" is the code
adopted in Title 9 of the Ontario Municipal Code.
“NFPA 13” is the National Fire Protection
Association standard reference number for the
Installation of Sprinkler Systems as adopted and
amended in Title 24 of the California Code of
Regulations.
“QUALIFIED HISTORICAL BUILDING OR
PROPERTY" as defined in the California Health
and Safety Code §18955 and in Title 24 of the
California Code of Regulations, Part 8, means
any building, site, object, place, location, district
or collection of structures, and their associated
sites, deemed of importance to the history,
architecture, or culture of any area by an
appropriate local, state, or federal
governmental jurisdiction. This shall include
historical buildings or properties on, or
determined eligible for, national, state, or local
historical registers or inventories, such as the
National Register of Historic Places, California
Register of Historical Resources, State Historical
Landmarks, State Points of Historical Interest,
and city or county registers, inventories, or
surveys of historical or architecturally significant
sites, places, or landmarks.
Restaurant (2023)
Masonic Hall (Local Landmark No. 21)
20 848
Appendix B
Empowering Legislation
and Codes
CALIFORNIA HEALTH AND SAFETY CODE
§17958.11
Any city or county may adopt alternative
building regulations for the conversion of
commercial or industrial buildings, or portions
thereof, to joint living and work quarters. As
used in this section, “joint living and work
quarters” means residential occupancy by
a family maintaining a common household, or
by not more than four unrelated persons, of
one or more rooms or floors in a building
originally designed for industrial or commercial
occupancy which include (1) cooking space and
sanitary facilities in conformance with local
building standards adopted pursuant to
§17958 or 17958.5 and (2) adequate working
space reserved for, and regularly used by, one
or more persons residing therein.
The alternative building regulations adopted
pursuant to this section shall be applicable in
those geographic areas specifically designated
for such occupancy, or as expressly permitted
by a redevelopment plan with respect to a
redevelopment project area. The alternative
building regulations need not impose the same
requirements as regulations adopted pursuant
to §17922, except as otherwise provided in this
section, but in permitting repairs, alterations,
and additions necessary to accommodate joint
living and work quarters, the alternative
building regulations shall impose such
requirements as will, in the determination of
the local governing body, protect the public
health, safety, and welfare.
The Legislature hereby finds and declares that a
substantial number of manufacturing and
commercial buildings in urban areas have lost
manufacturing and commercial tenants to more
modern manufacturing and commercial
premises, and that the untenanted portions of
such buildings constitute a potential resource
capable, when appropriately altered, of
accommodating joint living and work quarters
which would be physically and economically
suitable particularly for use by artists, artisans,
and similarly- situated individuals. The
Legislature further finds that the public will
benefit by making such buildings available for
joint living and work quarters for artists,
artisans, and similarly-situated individuals
because (1) conversion of space to joint living
and work quarters provides a new use for such
buildings contributing to the revitalization of
central city areas, (2) such conversion results in
building improvements and rehabilitation, and
(3) the cultural life of cities and of the state as a
whole is enhanced by the residence in such
cities of large numbers of persons regularly
engaged in the arts.
The Legislature further finds and declares that
(1) persons regularly engaged in the arts require
larger amounts of space for the pursuit of their
artistic endeavors and for the storage of
materials therefor, and of the products thereof,
than are regularly found in dwellings, (2) the
financial remunerations to be obtained from a
career in the arts are generally small, (3)
persons regularly engaged in the arts generally
find it financially difficult to maintain quarters
for their artistic endeavors separate and apart
from their places of residence, (4) high property
values and resulting rental costs make it
particularly difficult for persons regularly
engaged in the arts to obtain the use of the
amount of space required for their work, and
(5) the residential use of such space is accessory
to the primary use of such space as a place of
work.
It is the intent of the Legislature that local
governments have discretion to define
geographic areas which may be utilized for joint
living and work quarters and to establish
standards for such occupancy, consistent with
the needs and conditions peculiar to the local
environment. The Legislature recognizes that
building code regulations applicable to
21 849
residential housing may have to be relaxed to
provide joint living and work quarters in
buildings previously used for commercial or
industrial purposes.
ONTARIO MUNICIPAL CODE
A. General. Whenever there are practical
difficulties involved in carrying out the
provisions of this title, the Building Official and
Fire Marshal shall have the authority to grant
modifications for individual cases, upon the
application of the owner or owner’s
representative, provided the Building Official
and Fire Marshal shall first find that special
individual reason makes the strict letter of this
title impractical and the modification is in
compliance with the intent and purpose of this
title and that such modification does not lessen
health, accessibility, life fire, safety, or
structural requirements. The details of the
action granting modifications shall be recorded
and entered in the building record. A written
application shall be submitted pursuant to ODC
§4.03.01, Historic Preservation Plan- Adaptive
Reuse Plan.
Expiration. The rights and privileges granted by
the Building Official and Fire Marshal shall be
voided if the permit is not secured within 12
months of the date the approval was granted.
Exceptions: The Building Official may grant
extensions of time if a permit applicant submits
in writing substantial evidence that unusual
condition or circumstances precluded the
securing of the permit within the allocated time
or caused the permit to expire.
A. General. The provisions of this title are not
intended to prevent the installation of any
materials or to prohibit any design or method of
construction, any such alternative has been
approved. An alternative material, design or
method of construction shall be approved
where the Building Official finds that the
proposed design is satisfactory and complies
with the intent of the provisions of this title,
and that the material, method or work offered
is, for the purpose intended, at least the
equivalent of that prescribed in this title in
quality, strength, effectiveness, fire resistance,
durability, and safety. The Building Official shall
require that sufficient evidence or proof be
submitted to substantiate any claims that may
be made regarding its use. The details of the
action granting modifications shall be recorded
and entered in the building record. A written
application shall be submitted pursuant to ODC
§4.03.01, Historic Preservation Plan- Adaptive
Reuse Plan.
B. Research reports. Supporting data, where
necessary to assist in the approval of materials
or assemblies not specifically provided for in
this title, shall consist of valid research reports
from approved sources.
C. Test. Whenever there is insufficient evidence
of compliance with the provisions of this title,
or evidence that a material or method does not
conform to the requirements of this title, or in
order to substantiate claims for alternative
materials or methods, the Building Official shall
have the authority to require tests as evidence
of compliance to be made at no expense to the
City. Test methods shall be as specified by this
title or by other recognized test standards. In
the absence of recognized and accepted test
methods, the Building Official shall approve the
test procedures. Tests shall be performed by an
approved agency. Reports of such test shall be
retained by the Building Official for the period
required for retention of public records.
D. Expiration. The rights and privileges granted
by the Building Official shall be voided if the
permit is not secured within 12 months of the
date the approval was granted or if the permit
or plans examination expires.
Exceptions: The Building Official may grant
extensions of time if a permit applicant submits
in writing substantial evidence that unusual
conditions or circumstances precluded the
22 850
securing of the permit within the allocated time
or caused the permit to expire.
Ontario Municipal Code, Section 4.03.01
Historic Preservation Plan- Adaptive Reuse
Plan.
The Adaptive Reuse Plan in Title 9,
Development Code expanded the scope of
eligible and underutilized buildings or structures
that have great potential to be converted into
new uses or occupancy that can benefit from
relief of parking standards, setbacks, height
limitations, etc. However, key to the success of
the Adaptive Reuse Plan relies on the ability of
the Building Official and Fire Marshal to
effectively use their authority to grant code
modification or alternative materials, design
and methods of construction and equipment to
address practical difficulties involved in
complying with the strict provisions of the code
or consider alternative design or methods not
specifically prescribed in the code. Other
statutory regulations such as the most recently
adopted edition of the California Historic
Building Code and the California Existing
Building Code part 10, including the California
Health and Safety Code §17958.11 and §19957,
provides the Building Official and Fire Marshal
with the ability to consider other alternative
building standards. Therefore, the purpose of
this Section is to amend, expand, establish, and
clarify alternative building standards for the
conversion of existing buildings or structures to
accommodate new uses or occupancy for other
purposes than what it was originally designed
for and still provide reasonable use and safety
to the building occupants.
Applicability. Projects that meet the definition
and applicable requirements of an adaptive
reuse project pursuant to Section 4.03.01 may
be permitted to use the alternative building
standards of this chapter.
Adaptive Reuse projects are construction and
remodeling projects that reconfigure existing
spaces within existing buildings to accommodate
a new use or purpose than what it was originally
designed for. Adaptive Reuse projects require a
change of use and bu ilding occupancy from
office or commercial to residential, industrial to
work/live, residential to office or commercial, or
assembly to residential, office or commercial.
Ontario Municipal Code §8-14.04
Alternative Building Standards for Adaptive
Reuse Projects.
Although other chapters or sections of the
Ontario Municipal Code and the most recently
adopted edition of the California Building
Standards Code are applicable to new
construction or a change of use or occupancy,
the use of the Alternative Building Standards for
Adaptive Reuse Projects may be permitted to
provide alternative regulations for adaptive
reuse projects that meet the applicability
requirement of §8-14.04.02.
The Building Official and Fire Marshal shall
prepare, maintain, and update, as deemed
necessary and appropriate, the Alternative
Building Standards for Adaptive Reuse Projects
and shall include technical information and
implementation parameters, alternative
compliance for technical infeasibility, as well as
other rules, requirements and procedures as
the City deem necessary, for implementing the
provisions of this chapter.
The Building Official and Fire Marshal shall
develop, as deemed necessary and appropriate,
in cooperation with other City departments and
stakeholders, informational bulletins, training
manuals and educational materials to assist in
the implementation of this chapter.
CALIFORNIA EXISTING BUILDING CODE, Part 10
(AMENDED BY Ontario Municipal Code §8-
14.02)
CBC Part 10 Conformance. No change shall be
made in the use or occupancy of any building
that would place the building in a different
division of the same group of occupancies or in
23 851
a different group of occupancies, unless such
building is made to comply with the
requirements of this code for such division or
group of occupancies. Subject to the approval
of the Building Official, the use or occupancy of
existing buildings shall be permitted to be
changed and the building is allowed to be
occupied for purposes in other groups without
conforming to all the requirements of this code
for those groups, provided the new or proposed
use is less hazardous, based on life and ire risk,
than the existing use.
Except for groups A, E and I occupancies, which
were constructed prior to January 9, 1934, and
are not within the scope of the Ontario
Municipal Code Chapter, Volume II, Title 8, a
change of occupancy group or division may be
made to another equal or lesser hazard as listed
herein. For the purpose of this section, the
order of least hazardous group to highest
hazardous group is as follows:
Group U (least hazardous group)
Groups R-3 and R-3.1
Group S-2
Groups B, F, L, M, H and S-1 Groups R-1, R-2, R-
2.1 and R-4
Groups A, E and I (highest hazardous group)
Every change of use or increased occupant load
within the same division of an occupancy group
shall require compliance with the provisions of
Chapters 3, 10 and 16 of this code applicable to
the proposed use or increased occupant load if
the Building Official determine that there is an
overall increase in hazard to life, limb, health,
property, or public welfare.
Exceptions:
1. Specific seismic detailing requirements of
CBC §1613 for a new structure shall not be
required to be met where the seismic
performance is shown to be equivalent to that
of a new structure. A demonstration of
equivalence shall consider the regularity,
overstrength, redundancy and ductility of the
structure.
2. When a change of use results in a structure
being reclassified from Risk Category I or II to
Risk Category III and the structure is located
where the seismic coefficient, SDS, is less than
0.33, compliance with the seismic requirements
of CBC §1613 are not required.
24 Emporia Artist Lofts (2004)
852
Ontario City Hall
Community Development Agency
303 East B Street
Ontario, California 91764
Visit us at www.ontarioca.gov
Contact us at 909.395.2000
ADAPTIVE REUSE OF HISTORIC BUILDINGS
Buildings
01 Ontario Laundry Company
02 Frankish Building
03 Emmon’s Building & Granada Theater
04 McCann Block
05 Ontario Power Co. Building
06 Pacific Electric Bus Depot
07 United States Post Office
A list of completed adaptive reuse projects located within the City are shown below.
Designation
06 12
23 26
36 37
67 08 Bank of Italy Building
09 Bumstead Bicycles Building
86 87
10 Retail/Office - Address
06 / 06 / 1995
01 / 20 / 1998
01 / 20 / 1998
01 / 20 / 1998
06 / 02 / 1998
06 / 02 / 1998
01 / 16 / 2001
02 / 02 / 2010
02 / 02 / 2010
115 S. Palm Ave.
401 N. Euclid Ave.
200 S. Euclid Ave.
303 N. Euclid Ave.
108 S. Euclid Ave.
217 S. Lemon Ave.
211/215 S. Laurel Ave.
Euclid Ave.
200 N. Euclid Ave.
109 E. B St.
-
11 Oscar Arnold House
12 James Bradford House
13 W. A. Freemire House
14 Office
15 Dentist Office
16 Emporia Artist Lofts
17 Albert D. Moore House
209 E I St.
712 N. Euclid Ave.
813 N. Euclid Ave.
625 N. Euclid Ave.
211 W. Emporia St.
825 N. Euclid Ave.
747 N. Euclid Ave. 31 - 06 / 04 / 2013
- 06 / 04 / 2013
- -
-
- -
25 01 / 20 / 1998
06 / 02 / 1998
853
City of Ontario
Fire and Building Departments
Community Risk Reduction
Alternative Materials & Methods
Requests Guidelines
854
Alternative Materials & Methods Requests
Purpose:
This guideline is intended to provide direction for submitting requests for use of an alternative material or method of construction (AM&M) in accordance with the 2022 California Building Code (CBC), Chapter 1, Section 104.11 and 2022 California Fire Code (CFC), Chapter 1, Section 104.10.
Scope:
AM&M requests shall be evaluated by the Building Official and Fire Marshal to ensure the proposed material, method of construction, design, use, or operation satisfactorily complies with the intent of the CBC & CFC. Additionally, the alternatives that are being proposed will be evaluated to determine that they are equivalent to or exceed what is prescribed in the CBC & CFC in terms of quality, strength, effectiveness, fire resistance, durability, and/or safety.
It is important to keep in mind that an AM&M is NOT a waiver. It does not excuse a project from meeting the level of safety or performance required by the code, only to achieve it in a way that may not meet the method described in the code.
Requirements:
1. AM&M Request: The applicant shall complete and submit the appropriate request for a project with the required plans and other documentation, including an Adaptive Reuse Plan pursuant to Section 4.03.010 of the Ontario Development Code, necessary to evaluate the proposed AM&M. Use of “Alternate Materials, Design & Methods” (AM&M)
1.1 AM&M for Projects
The owner or the owner’s authorized representative shall complete Sections A, B, and C at the top of the AM&M form.
1.1.1. Section A—Applicant Information: Provide the owner’s name and name and contact information for the person applying for the AM&M on behalf of the owner. If the contact for technical questions is different than the applicant, provide the contact information for that person as well.
1.1.2. Section B—Project Information: Provide the project name and address and indicate the occupancy classification, construction type, number of stories, and total floor area of the building(s) impacted by the AM&M. 855
1.1.3. Section C—Project Requirements & Proposals: This section provides information related to the applicable code requirements and proposed alternatives.
1.1.3.1. Code Requirement: List the code section(s) or requirement(s) that the project does not comply with or that you are proposing an alternative to. A single code section can include multiple requirements or methods of compliance, so be specific in terms of which part of the code section is being addressed by the alternative. Briefly describe the intent of the code section or requirement as it pertains to fire and life safety, emergency response, and/or firefighting, as appropriate.
1.1.3.2. Code Deficiency: Indicate how the project does not comply with code and why compliance with the standard requirements is not possible, feasible, or desirable.
1.1.3.3. Alternative Proposal: Describe the alternatives that are being proposed to mitigate the deficiency or code requirement. This section should include only those features or measures that are provided to offset or mitigate the deficiency. Do not include any features that are otherwise already required by the code here.
1.1.3.4. Justification: In this section, you must justify how the project or design approach utilizing the proposed alterative material or method is as safe or effective as if the project were built in the manner detailed in the code. Describe how the proposed alternative offsets the standard requirement. Whenever possible, the alternative should directly offset the deficiency. For example, if project deficiencies would delay emergency response to a building fire, the alternative should provide early notification to the fire department, slow the rate of the fire’s growth, contain the spread of fire to one part of building, or otherwise mitigate the negative effects of a delayed response.
You can also provide any other relevant information related to the project or proposal in this section. For instance, if the proposed alternative further enhances the effectiveness of other features already required by code in some particular way, this information could be included as additional support. 856
1.1.3.5. Signature: The owner or the owner’s authorized representative shall provide their signature, job title, company name, and date the form was signed at the bottom of Section C.
2. Submittal and Review Process
2.1. Fee Code: The AM&M request will be processed using the standard plan check fee which is based on valuation and time.
2.2. Submittal Format, Timing, and Location: Where the AM&M is included as part of the initial plan submittal, or apart of the Adaptive Reuse Plan, provide one hard copy of the form and any supporting documentation. Submit the AM&M form as part of the plan package submitted to the Planning Department for Adaptive Reuse Plans or directly to Building Department or the Fire Department, if not part of an Adaptive Reuse Plan proposal.
Should evaluation of the AM&M proposal require time and resources beyond the standard allotted for this activity, additional time and materials fees may also be applied.
2.3. Evaluation: All AM&M requests are evaluated on a case-by-case basis in the context of the specific project being reviewed. Approval of the request is based upon several factors, including, but not limited to, the level of equivalency achieved, the effect of the AM&M on fire and emergency response, and site conditions.
2.3.1. Approved AM&M: If reviewing department determines that the AM&M proposal provides an equivalent level of protection considering all related factors pertaining to the project, the Building Official or Fire Marshal will complete the approval section at the bottom of the request form. Such approval may be conditional upon implementation of additional requirements that were not part of the original AM&M proposal. If additional conditions are required, the Building Official or Fire Marshal will either:
a) ask that the AM&M form be updated to include the additional items; or,
857
b) indicate additional conditions or requirements in the “Comments” area at the bottom of the form.
Approval is granted only for the specific project under review and the conditions for approval shall not be construed as applicable to any other project.
2.3.2. Denied AM&M: In the event that the reviewing departments determines that the AM&M proposal does not provide an equivalent level of protection, the request will be denied and a response issued to this effect. Should the applicant submit a different AM&M request for this project or choose to revise and resubmit the previously denied request, additional AM&M fees may apply. To facilitate the evaluation process, include any previously denied AM&M proposals when submitting a revised AM&M request.
2.4. Other Plans: Once the AM&M request is approved, the completed AM&M form shall be incorporated into the plan that the deficiency is related to as well as all subsequent plans submitted to Fire Department and the Building Department that may be impacted by the approved alternative(s). In some cases, this may require revision and resubmittal of previously approved plans. Failure to incorporate the AM&M into other plans may result in return of those plans as incomplete and/or delay plan approval or interrupt progress during construction. It is the responsibility of the owner or owner’s authorized agent to provide copies of approved AM&M documentation for this purpose and to ensure that all affected parties are aware of the approved alternatives.
3. Engineering Evaluation: If the Building Official or the Fire Marshal deems an engineering evaluation necessary, it shall be performed and reported by a firm or individual that meets the Adaptive Reuse Plan professional qualification standard in conjunction with Adaptive Reuse Plan. The applicant is responsible for all costs associated with the preparation of the AM&M or associated analysis. 858
Department: Economic Development
Prepared By: Charity Hernandez
Department:
Prepared By: Charity Hernandez
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:
A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTIONS OF NECESSITY FOR
THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1514 WEST MISSION BOULEVARD AND 1530 WEST
BOULEVARD
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
PUBLIC HEARINGS
RECOMMENDATION:
That the City Council conduct a public hearing and adopt Resolutions of Necessity declaring that the acquisition by eminent domain of a fee simple interest in certain real property located at 1514 West Mission Boulevard and 1530 West Mission Boulevard, more particularly described as Assessor Parcel No.'s 1011-221-13 and 1011-221-15 (the Property), is necessary for the City of Ontario's Continuum of Care Campus Project (the Project).
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:
Funding for acquisition costs have been appropriated in the Fiscal Year 2024-2025 Adopted Budget. The deposit necessary to file the Resolution of Necessity for prejudgment possession of the Property is approximately $4,255,000.
BACKGROUND & ANALYSIS:
T
he Property consists of two (2) parcels located on the north side of West Mission Boulevard, just east of Benson Avenue in Ontario, California, as shown on Exhibit 1, for the City of Ontario’s Continuum of Care Campus Project. The City seeks to acquire a full fee interest in the parcels referenced above.
The City obtained an appraisal of the real estate from Joyce Riggs, MAI, SR/WA, of Riggs & Riggs, Inc. and made an offer of just compensation to the property owner for the acquisition pursuant to California Government Code section 7267.2. Following standard public records and due diligence searches for ownership information, a notice of this public hearing was mailed to the property owner. City staff has attempted to negotiate a voluntary acquisition and will continue to do so.
A Notice of the Resolution of Necessity hearing was mailed to the Property owner on November 12, 2024 859
by regular U.S. Mail.
The power of eminent domain is used by the City only as a last resort to obtain interests necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear title to the property. In this case, an offer of just compensation was made to the owner for the full Fair Market Value, as determined by an independent appraisal. City Staff attempted to acquire the property voluntarily and in good faith, and will continue to do so throughout the process.
DESCRIPTION OF PROPERTY TO BE ACQUIRED:
The Property affected by the proposed acquisition is located within the City of Ontario, at 1514 West Mission Boulevard and 1530 West Mission Boulevard, Ontario, California 91762.
HEARINGS AND REQUIRED FINDINGS:
The recommended actions of the City Council pertain to the acquisition property owned by 4 Yogi Corp., a California corporation and Bright Star Limited Partnership, Cesna Inc., NHC Management Inc.
California eminent domain law provides that a public entity may not commence an eminent domain proceeding until its governing body has adopted a Resolution of Necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property or their representatives a reasonable opportunity to appear and be heard on the following matters:
1 .
The public interest and necessity require the proposed project. 2 .
The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3 .
The real property to be acquired is necessary for the project. 4 .
The offer of just compensation has been made to the property owner.
The notice of hearing was mailed on November 12, 2024, by first class mail to the property owner in accordance with Section 1245.235 of the California Code of Civil Procedure.
The above four required findings are addressed as follows:
The Public Interest and Necessity Require the Proposed Project The 2024 Point in Time Count found 163 unsheltered homeless persons in Ontario, which represents a 52% increase from 2023. However, the sheltered homeless count decreased by 57% from 2023. The weather conditions just prior to the 2023 count had activated the extreme weather motel voucher program, which accounted for most of the 46 additional persons temporarily sheltered in motels. The City’s motel voucher programs offer very time-limited shelter, no more than 7 days at a time. The City has no year-round emergency shelter beds for homeless individuals or families. This creates a significant barrier to effectively assisting these persons out of homelessness, as it makes it hard to keep appointments and follow through on activities such as securing stable income and looking for a place to live. These delays prolong their stays on the streets and contributes to the degradation of their physical and mental health. Lacking a safe, supported place to go, these individuals and families carry out their necessities of daily living and sleep in City parks, public and private places not meant for human habitation, and in their own vehicles, parked on City streets. The proposed use of the property includes emergency shelter and interim housing to assist those working to connect with permanent housing or other sheltered homeless solutions in having a stable and safe place to stay while required documentation is gathered and available housing is identified. 860
The current location the City utilizes to provide these services does not provide adequate room to house these individuals and provide the necessary services, and as the unsheltered population in the City has grown, so has the City’s need for a larger facility. This Project is an integral part of the City’s plan to demonstrate a sustainable community and aide in the City’s current homeless response. The Wellness Campus encompasses a network of providers, programs and services to help residents facing housing, food, employment and wellness challenges. The Wellness Campus serves as the access point to vital services, resources, shelter, and emergency needs in Ontario.
The Project is Planned or Located in a Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury
The proposed Project will assist the City in housing unsheltered individuals and provide a stable and safe place to temporarily stay while available housing is identified. This Project supports the City Council’s goals and objectives. The Property to be acquired is best suited for the Project and will cause the least private injury. To move this Project elsewhere would require significant land use policy changes, cause a greater impact to local property owners, and would effectively be cost prohibitive.
The Real Property to be Acquired is Necessary for the Proposed Project The Property affected by the proposed acquisition is located within the City of Ontario, at 1514 West Mission Avenue, Ontario, CA 91762, Assessors Parcel No. 1011-221-13 (owned by 4 Yogi Corp., a California corporation) and 1530 West Mission Avenue, Ontario, CA 91762, Assessors Parcel No. 1011-221-15 (owned by Bright Star Limited Partnership, Cesna Inc., NHC Management Inc.). The acquisition is necessary for the City of Ontario's Continuum of Care Campus Project,
in Ontario, California.
The Offer of Just Compensation Has Been Made
An appraisal was prepared by Joyce Riggs, MAI, SR/WA, of Riggs & Riggs Inc., to establish the Fair Market Value of the fee interest the City is seeking to acquire. An offer of just compensation was made to the record owner to purchase the fee interest in the Property to be acquired, as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible for the fee interest cited above, it would be appropriate to commence the procedures to acquire the fee interest through eminent domain.
ENVIRONMENTAL ANALYSIS:
Pursuant to the State of California Environmental Quality Act Guidelines Section 15183 there has been compliance by the City with the requirements of the California Environmental Quality Act.
861
EXHIBIT “1”
1514 AND 1530 WEST MISSION BOULEVARD
BENSON AVE
MISSION BLVD
862
RESOLUTION NO. ________
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY
OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY EMINENT
DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1514 WEST MISSION BOULEVARD IN THE CITY OF
ONTARIO, COUNTY OF SAN BERNARDINO, CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER
1011-221-13, FOR THE ONTARIO CONTINUUM OF CARE CAMPUS
PROJECT, IN ONTARIO, CALIFORNIA
WHEREAS, the City of Ontario (the "City") proposes to acquire, by eminent domain, a fee simple interest in certain real property located at 1514 West Mission Boulevard, in the City of Ontario, County of San Bernardino, California, more particularly described as Assessor Parcel Number 1011-221-13, for the Ontario Continuum of Care Campus Project, a comprehensive public shelter and care facilities initiative that brings together a network of providers, programs, and services to support residents and the homeless community facing challenges related to housing, food insecurity, financial instability, employment, and wellness, pursuant to the authority granted to it by Section 37350.5 of the California Government Code; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, December 3, 2024, at 6:30 p.m. at the Ontario City Hall, Council Chambers, 303 East “B” Street, Ontario, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.
NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:
SECTION 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.
SECTION 2. Public Use. The public use for the real property interest to be acquired is to provide public shelter and care facilities for the homeless through the City of Ontario’s Continuum of Care Campus Project in the City of Ontario, San Bernardino 863
County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes.
SECTION 3. Description of Property. Attached and marked as Exhibit A is the legal definition, descriptions and depictions of the real property to be acquired by the City, which describes the general location and extent of the properties to be acquired with sufficient detail for reasonable identification.
SECTION 4. Findings. The City hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The fee simple interest described in Exhibit A is necessary for the proposed project;
(d) The offer required by Section 7267.2 of the California Government Code was made.
SECTION 5. Use Not Unreasonably Interfering with Existing Public Use:
Some or all of the real property to be acquired may be subject to easements and rights- of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the fee interest subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure.
SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use.
Counsel for the City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to Section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use.
SECTION 7. Further Activities. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to 864
institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property.
SECTION 8. Effective Date. This Resolution shall take effect upon adoption.
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 3rd day of December, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
865
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held December 3, 2024 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held December 3, 2024. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
866
EXHIBIT A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 7 OF BLOCK 11, MONTE VISTA TRACT NO. 2, IN THE CITY OF ONTARIO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN
BOOK 16, PAGE 33
OF MAPS,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 66 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT TO THE NORTH LINE THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 114.00 FEET TO THE NORTHEAST CORNER OF SAID LAND CONVEYED TO HAROLD STEUBER, ET UX, BY DEED RECORDED APRIL 2, 1956, IN
BOOK 3900, PAGE 272 OF OFFICIAL RECORDS
;
THENCE SOUTH ALONG THE EAST LINE OF SAID STEUBER PROPERTY TO THE SOUTH LINE OF SAID LOT 7; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT, 114.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTH 76 FEET THEREOF.
APN: 1011-221-13-0-000
867
This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any , the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.
868
RESOLUTION NO. ________
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY
OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY EMINENT
DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1530 MISSION BOULEVARD IN THE CITY OF ONTARIO,
COUNTY OF SAN BERNARDINO, CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER
1011-221-15, RESPECTIVELY, FOR THE ONTARIO CONTINUUM OF
CARE CAMPUS PROJECT, IN ONTARIO, CALIFORNIA
WHEREAS, the City of Ontario (the "City") proposes to acquire, by eminent domain, a fee simple interest in certain real property located at 1530 West Mission Boulevard in the City of Ontario, County of San Bernardino, California, more particularly described as Assessor Parcel Number 1011-221-15, for the Ontario Continuum of Care Campus Project, a comprehensive public shelter and care facilities initiative that brings together a network of providers, programs, and services to support residents and the homeless community facing challenges related to housing, food insecurity, financial instability, employment, and wellness, pursuant to the authority granted to it by Section 37350.5 of the California Government Code; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, December 3, 2024, at 6:30 p.m. at the Ontario City Hall, Council Chambers, 303 East “B” Street, Ontario, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.
NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:
SECTION 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.
SECTION 2. Public Use. The public use for the real property interest to be acquired is to provide public shelter and care facilities for the homeless through the City of Ontario’s Continuum of Care Campus Project in the City of Ontario, San Bernardino 869
County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes.
SECTION 3. Description of Property. Attached and marked as Exhibit A is the legal definition, descriptions and depictions of the real property to be acquired by the City, which describes the general location and extent of the properties to be acquired with sufficient detail for reasonable identification.
SECTION 4. Findings. The City hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The fee simple interest described in Exhibit A is necessary for the proposed project;
(d) The offer required by Section 7267.2 of the California Government Code was made.
SECTION 5. Use Not Unreasonably Interfering with Existing Public Use:
Some or all of the real property to be acquired may be subject to easements and rights- of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the fee interest subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure.
SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use.
Counsel for the City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to Section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use.
SECTION 7. Further Activities. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of 870
court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property.
SECTION 8. Effective Date. This Resolution shall take effect upon adoption.
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 3rd day of December, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
871
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held December 3, 2024 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held December 3, 2024. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
872
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE WEST 100 FEET OF THE EAST 3 ACRES OF LOT 7, BLOCK 11, MONTE VISTA TRACT MAP NO. 2, IN
THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 16, PAGE 33 OF MAPS, RECORDS OF SAID COUNTY.
EXCEPTING THE SOUTH 76 FEET THEREOF.
APN: 1011-221-15-0-000
873
874
Department: Fire Department
Prepared By: Joseph Ramos
Staff Member Presenting: Mike Gerken, Fire
Chief
Reviewed By: Sagar Patel
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT:
CONSIDERATION TO AMEND CHAPTER 3, TITLE 4, OF THE ONTARIO MUNICIPAL
CODE RELATING TO THE CITY'S EMERGENCY ORGANIZATION
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
ADMINISTRATIVE
REPORTS/DISCUSSION/ACTION
RECOMMENDATION:
That the City Council introduce and waive further reading of an ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code related to the City' s Emergency Organization.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:
There is no direct fiscal impact associated with this action. However, the proposed amendments to the Emergency Organization within the Municipal Code will ensure the City complies with California's Standard Emergency Management System (SEMS) and the National Incident Management System (NIMS), thus supporting the City's eligibility to receive State and Federal funding when available.
BACKGROUND & ANALYSIS:
In an effort to implement lessons learned from recent proclaimed emergencies in the City of Ontario including the Covid-19 pandemic and the Francis Incident, the Office of Emergency Management recommends amending Chapter 4, Title 4 of the Ontario Municipal Code (OMC) to reflect current practices at local, state, and federal levels of government.
The Emergency Organization for the City of Ontario is detailed in Chapter 3, Title 4, of the OMC and was last amended in 2014. This OMC chapter provides requirements for the preparation and implementation of disaster protocols for the protection of persons and property within the City.
The chapter also specifies the membership and associated responsibilities of the City of Ontario Disaster Council, creates a structure for oversight of the emergency organization, supports the Emergency Management Working Committee, and empowers the elected body to enact various actions and enforcement protocols during emergencies.
The proposed amendment includes the addition of the Deputy City Manager to possibly serve as the Assistant Director of Emergency Services and potentially as the Director of Emergency Services under certain circumstances as a line of succession. Additionally, the proposed amendment aligns 875
the frequency to local proclamation review by the City Council with the standards provided by California Government Code section 8630. With this alignment, the review period would be modified to 60 days instead of 30 days as written into the current OMC. Moreover, the requirements and expectations of the Emergency Management Working Committee has been updated to reflect language that would enhance the Committees ability to operate more effectively and be more inclusive of key stakeholders outside of City agencies.
The proposed amendments will ensure consistency between the recently approved (May 5, 2024) and updated Emergency Operations Plan and the legal parameters within which the Ontario City Council and Emergency Organization must operate. Furthermore, amending the OMC will satisfy the requirements of the California SEMS and the NIMS ensuring the City's eligibility to receive Emergency Assistance funds and Department of Homeland Security related grant funding. As such, staff recommend the City Council introduce and waive further reading of an ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code related to the City' s Emergency Organization. 876
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 3 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION.
WHEREAS, the City Council of the City of Ontario has adopted provisions regarding the City’s Emergency Organization, codified at Chapter 3, Title 4 of the City of Ontario Municipal Code; and
WHEREAS, those provisions were most recently updated through Ordinance 2990 in June 2014; and
WHEREAS, since 2014, there have been advancements in emergency planning and amendments to the California Emergency Services Act; and WHEREAS, the City Council now desires to update its provisions relating to the City’s Emergency Organization to ensure that they comply with the law, the California Emergency Services Act, Standardized Emergency Management System (SEMS), and National Incident Management System (NIMS) and better account for current circumstances.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario as follows:
SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Chapter 3 of Title 4 of the Ontario Municipal Code is hereby amended, in its entirety, to read as follows:
CHAPTER 3: EMERGENCY ORGANIZATION
4-3.01 Purpose
4-3.02 Definition
4-3.03 Disaster Council: Membership
4-3.04 Disaster Council: Powers, duties, meetings
4-3.05 Director and Assistant Director of Emergency Services, Emergency Manager
4-3.06 Powers of the Director of Emergency Services, Assistant Director of Emergency Services, and Emergency Manager
4-3.07 Emergency Management Working Committee
4-3.08 Emergency Organization
4-3.09 Emergency Operations Plan
4-3.10 Expenditures
4-3.11 Violations of provisions: Penalties
877
Sec. 4-3.01. Purpose.
The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the City of Ontario in the event of an emergency. This chapter shall provide for the direction of the emergency organization and the coordination of the emergency functions with all other public agencies, corporations, organizations, and affected private persons.
Sec. 4-3.02. Definition.
As used in this chapter, “emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City’s jurisdiction caused by such hazards as identified in the most current edition of the Local Hazard Mitigation Plan or other conditions, which are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.
Sec. 4-3.03. Disaster Council: Membership.
The City of Ontario Disaster Council is hereby created and shall consist of the following:
(a) The Mayor, who shall be Chair.
(b) The Mayor Pro Tem, who shall be Vice Chair.
(c) All members of the Ontario City Council.
(d) Staff, technical advisors, and community representatives as may be appointed by the Disaster Council chair with the concurrence of a majority of the above Disaster Council members.
Sec. 4-3.04. Disaster Council: Powers, duties, meetings.
It shall be the duty of the City of Ontario Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Disaster Council Chair or upon call of the Disaster Council Vice Chair in the absence of the Chair.
878
Sec. 4-3.05. Director and Assistant Director of Emergency Services, Emergency Manager.
(a) There is hereby created the office of Director of Emergency Services. The City Manager of the City of Ontario shall be the Director of Emergency Services.
(b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.
The Director of Emergency Services may appoint either the Assistant City Manager, Deputy City Manager, Fire Chief, Police Chief, or Emergency Manager as the Assistant Director of Emergency Services. (c) There is hereby created the office of Emergency Manager, who shall act at the will of the Director of Emergency Services. The Emergency Manager of the City of Ontario shall manage day-to-day affairs of the emergency management program and have certain other emergency management functions as specified.
Sec. 4-3.06. Emergency Powers of the Director of Emergency Services, Assistant Director of Emergency Services, and Emergency Manager.
(a) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a “local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect; and
(2) Request the City Council to review the need for continuing the local emergency at the interval specified in the California Government Code section 8630(c) until the City Council terminates the local emergency; and
(3) Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director of Emergency Services, the locally available resources are inadequate to cope with the emergency; and (4) Control and direct the effort of the Emergency Organization of the City for the accomplishment of the purposes of this chapter; and 879
(5) Direct cooperation between and coordination of services and staff of the Emergency Organization of the City and resolve questions of authority and responsibility that may arise between them; and
(6) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter; and (7) In the event of the proclamation of a “local emergency,” the proclamation of a “state of emergency” by the California Governor or California Office of Emergency Services Director, or the existence of a “state of war emergency,” the Director of Emergency Services is hereby empowered to:
(i) Promulgate written orders and regulations necessary to provide for the protection of life and property as affected by such emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; provided, however, such rules and regulations shall be widely publicized and noticed and shall be confirmed at the earliest practicable time by the City Council; and
(ii) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; and
(iii) Require emergency services of any City officer or employee and, in the event of the proclamation of a “state of emergency” in the County of San Bernardino or the existence of a “state of war emergency,” to command the aid of as many citizens of the community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; and
(iv) Requisition necessary personnel or material of any City departments or agencies; and
(v) Execute all ordinary powers; all special powers conferred by this chapter, by resolution, and by an adopted Emergency Operations Plan; and all other powers conferred by statute, agreement approved by the City Council, or by any other lawful authority; and (vi) Approve contracts as necessary to support the Emergency Organization and to protect the life and property of the citizens of Ontario.
880
(b) In the absence of the Director of Emergency Services, the Assistant Director of Emergency Services is empowered to take on the powers of the Director of Emergency Services under Section 4-3.06(a). In the absence of both the Director of Emergency Services and the Assistant Director of Emergency Services, the Emergency Manager is empowered to take on the powers of the Director of Emergency Services under Section 4-3.06(a). The Director of Emergency Services shall be deemed absent where he or she is unavailable to participate in meetings or otherwise is unable to perform his or her duties during an emergency.
(c) The Director of Emergency Services may supplement the order of succession to that office identified in Section 4-3.06(b), to take effect in the event the Director is absent. Such order of succession shall be approved by the governing body.
(d) The Assistant Director of Emergency Services shall, under the supervision of the Director of Emergency Services, supervise the activities of the Emergency Manager and shall have such other powers and duties as may be assigned by the Director of Emergency Services.
Sec. 4-3.07. Emergency Management Working Committee.
(a) There is also created the Emergency Management Working Committee (EMWC) which shall consist of the following:
(1) The Emergency Manager who shall serve as chair and shall schedule meetings and projects as necessary.
(2) Two supervisory level or above representatives from each agency or department with a position assigned to the Emergency Operations Center (EOC) under the City of Ontario Emergency Operations Plan. (b) The Emergency Management Working Committee shall:
(1) Develop plans and procedures for the effective accomplishment of emergency management objectives, including the review and update of the City of Ontario Emergency Operations Plan.
(2) Review and keep current emergency management automated systems so that they meet the needs of all organizations that may be represented in the Ontario EOC.
(3) Achieve a high level of knowledge about specific emergency management functions assigned to the various City departments. 881
(4) Train an adequate number of staff members from each department so as to ensure that personnel are available to respond to and perform in an EOC, Department Operations Center (DOC), or field-environment. (5) Design and call emergency management exercises to test various components of the City of Ontario Emergency Operations Plan as necessary; provided, however, that with respect to any such test exercise no one shall have the power to command the assistance of any private citizen, and the failure of a citizen to follow any orders or regulations pertaining to a test exercise shall not constitute a violation of this chapter.
(6) Serve as a resource for trained exercise simulators and observers so that the learning value of such activities is maximized. (7) Serve as a department contact for all emergency management issues such as the gathering of information for disaster assistance claims, circulation of pertinent legislation, notification of events and activities, and liaison with executive level managers.
(8) Ensure that each of the five mission areas of the National Preparedness Goal (prevention, protection, mitigation, response, and recovery) are addressed in a systematic fashion so as to provide a comprehensive, integrated, and effective emergency management program for the City of Ontario.
(9) Conduct a preparedness meeting with City and regional partners, including, but not limited to; utilities, special districts, non -profits organizations, faith-based organizations, hospitals, and business partners who have play a critical role within the City of Ontario Emergency Operations Plan.
Sec. 4-3.08. Emergency Organization.
All officers and employees, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 4-3.06(a)(7)(iii), be charged with duties incident to the protection of life and property during such emergency, shall constitute the Emergency Organization of the City of Ontario.
882
Sec. 4-3.09. Emergency Operations Plan.
The City of Ontario Disaster Council shall be responsible for the development of the Emergency Operations Plan, which shall provide for the effective mobilization of all of the resources of this jurisdiction, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.
Sec. 4-3.10. Expenditures.
Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Ontario. Under certain emergency conditions the Disaster Council, or any City staff member of the Emergency Organization, may enact conditional changes in procurement processes, spending limits, approval authorities, and allocation of City resources in order to support the City's required response activities.
Sec. 4-3.11. Violations of provisions: Penalties.
It shall be a misdemeanor, punishable by fine of not to exceed five hundred dollars ($500.00), or by imprisonment in the County Jail for a period of time not to exceed six (6) months, or both, for any person, during an emergency to:
(a) Willfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful rule or regulation issued pursuant to the provisions of this chapter or in the performance of any duty imposed upon him by virtue of said provisions; and
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of this chapter if such act is of such a nature as to give, or be likely to give, assistance to the enemy or imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof; or (c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State.
SECTION 3. 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.
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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
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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)
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