CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
DECEMBER
3, 2024
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN
WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.
Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].
All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.
Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.
In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.
Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.
ACCOMMODATIONS
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1
ATTACHMENT:
20241203 Closed Session.docx
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.
ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at
6:00 p.m.
, Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.
CALL TO ORDER
(OPEN SESSION)
ROLL CALL
Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon
CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.
CLOSED SESSION
GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751
GC 54956.9 (d)(2), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One Case
PLEDGE OF ALLEGIANCE
Council Member Bowman
INVOCATION
Pastor Richard Hernandez, The Church of God Ontario
REPORT ON CLOSED SESSION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2
1. CANVASS OF GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024
ATTACHMENT:
20241203 Resolution Certifying and Declaring Election Results - Nov. 5 2024 General Municipal Election
City Attorney
PUBLIC COMMENTS 6:30 P.M.
The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes.
An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.
To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.
AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
...ELECTION ITEM
That the City Council adopt a resolution of the City Council of the City of Ontario, California, reciting the facts of the General Municipal Election held on November 5, 2024, and declaring the results thereof and such other matters as provided by law.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
SPECIAL CEREMONIES
OATHS OF OFFICE
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3
2. APPROVAL OF MINUTES
ATTACHMENT:
20241105 Meeting Minutes (Not Official Until Approved).docx
3. BILLS & PAYROLL
4. RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURERS AND THE UPDATED
INVESTMENT POLICY
ATTACHMENT:
20241203 Investment Policy (2024)^EXHIBIT A.docx
ATTACHMENT:
20241203 Updating Authorized Deputy City Treasurers - Local Agency Investment Fund 02^RESO^RM.docx
ATTACHMENT:
20241203 Updating Authorized Deputy City Treasurers - City Funds 03^RESO^RM.docx
INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.
Minutes for the regular meetings of the City Council and Housing Authority of November 5, 2024, and approving same as on file in the Records Management Department.
Bills November 1, 2024 through November 14, 2024, and Payroll October 20, 2024 through November 2, 2024.
That the City Council adopt Resolutions rescinding Resolution Nos. 2023-158 and 2023-159; and amending the list of Deputy City Treasurers authorized to invest City funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider and approve the update to the City of Ontario's Investment Policy.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR
THE INVESTMENT OF INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2023-158.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2023-159.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4
5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-027 GENERALLY LOCATED AT THE
NORTHWEST CORNER OF EUCLID AVENUE AND WALNUT STREET
ATTACHMENT:
20241203
PDEV22-027^01 EX.pdf
ATTACHMENT:
20241203 PDEV22-027 02^RESO^RM.docx
6. A CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. FOR THE ACTIVE TRANSPORTATION PROGRAM CYCLE 5 FOR THE VINE AVENUE AND B STREET BIKE
BOULEVARD PROJECT
ATTACHMENT:
01 - ATP5_Onyx_Contract.pdf
ATTACHMENT:
02 - Project Location Map.pdf
7. A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT FOR THE TRANSFORMATIVE
CLIMATE COMMUNITIES GRANT ACTIVE TRANSPORTATION PROJECTS A & B That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-027, generally located at the northwest corner of Euclid Avenue and Walnut Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.
PDEV22-027 GENERALLY LOCATED AT THE NORTHWEST CORNER OF EUCLID AVENUE AND
WALNUT STREET
That the City Council take the following actions:
A
.
Award a Construction Contract with Onyx Paving Company, Inc. of Anaheim, California, for the Active Transportation Program (ATP) Cycle 5 for the Vine Avenue and B Street Bike Boulevard Project in the amount of $6,963,000 plus a 10% contingency of $696,300 for a total not-to-exceed contract amount of $7,659,300 (on file with the Records Management Department); and
B
.
Authorize the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
That the City Council take the following actions:
A
.
Award a Construction Contract with All American Asphalt, of Corona, California, for the Transformative Climate Communities (TCC) Grant Active Transportation Projects A & B in the amount of $9,678,888 and authorize a 10% contingency of $967,889 for a total not- to-exceed contract amount of $10,646,777
(on file with the Records Management
Department)
; and
B
.
Authorize the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5
ATTACHMENT:
02-TCC A & B - Project Location Map.pdf
8. INLAND EMPIRE UTILITIES AGENCY REGIONAL WATER USE EFFICIENCY FLEX / CORE
PROGRAM FUNDING
9. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA24-003) REVISING AND CLARIFYING
CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE
ATTACHMENT:
20241203 PDCA24-003 DCA 1 02^ORD^RM
ATTACHMENT:
20241119 PDCA24-003 DCA #1^03 ORD Attachment A.pdf
10. AUTHORIZE THE PURCHASE OF SPECIALIZED POLICE EQUIPMENT WITH FLYMOTION, LLC.
ATTACHMENT:
Flymotion Quote_0001.pdf
11. 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
completion at the conclusion of all construction related activities.
That the City Council
authorize the City Manager
, or his designee,
to
execute
program
documents related to the
Inland Empire Utilities Agency (IEUA) Water Use Efficiency (WUE) Flex
and Core
funds
from FY 2024-25 thru FY 2028-29 and accept an
aggregate
total of up to
$
1,
500
,000
.
That the City Council consider and adopt an Ordinance Approving File No. PDCA24-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA24-003, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 (DEFINITIONS AND
GLOSSARY) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.
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.
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.
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 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6
ATTACHMENT:
Contractor Transparency ORD^RM
12. A PUBLIC HEARING TO CONSIDER TWO MILLS ACT CONTRACTS (PRESERVATION AGREEMENTS), FILE NOS. PHP24-003 AND PHP24-008, FOR TWO LOCAL DESIGNATED
HISTORIC PROPERTIES
ATTACHMENT:
20241203 Mills Act File Nos. PHP24-003 PHP24-008 ^00 PC Back-up.pdf
ATTACHMENT:
20241203 Mills Act PHP24-003 314 W H St 01^RESO^RM
ATTACHMENT:
20241203 Mills Act PHP24-003 314 W H St^02 AGMT.docx
ATTACHMENT:
20241203 Mills Act PHP24-008 208 E El Morado Ct 03^RESO^RM
ATTACHMENT:
20241203 Mills Act PHP24-008 208 E El Morado Ct^04 AGMT.docx
13. 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
OF CONTRACTORS AND SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR STANDARDS.
PUBLIC HEARINGS
Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department.
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
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).
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).
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7
ATTACHMENT:
ARO BUILDING CODE ADOPTION 01^ORD^RM
ATTACHMENT:
ARO Techincal Manual-Oct 3 2024 Final Draft Exhibit A.pdf
ATTACHMENT:
AM&M Requests Ontario_Oct Final Draft.docx
14. 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
ATTACHMENT:
1514 AND 1530 Mission Blvd Staff Report Exhibit 1^01.pdf
ATTACHMENT:
1514 W Mission C of C 02^RESO^RM
ATTACHMENT:
1514 W Mission C of C Exhibit to Reso^03.pdf
ATTACHMENT:
1530 W Mission C of C 04^RESO^RM
ATTACHMENT:
1530 W Mission C of C Exhibit to Reso^05pdf
15. CONSIDERATION TO AMEND CHAPTER 3, TITLE 4, OF THE ONTARIO MUNICIPAL CODE 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.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, 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.
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).
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.
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.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8
RELATING TO THE CITY'S EMERGENCY ORGANIZATION
ATTACHMENT:
Muni Code ORD^RM
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.
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.
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Porada
Council Member Wapner
Council Member Bowman
Council Member Macias
ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 1 of 1
CITY OF ONTARIO
CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) December 3, 2024
ROLL CALL: Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.
STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _. GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
Ruben Valencia v. City of Ontario, Case No. CIVSB2302751 No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _. GC 54956.9 (d)(2), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
One Case
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
10 Department: Management Services
Prepared By: Claudia Y Isbell
Staff Member Presenting: Darlene M. Sanchez,
Assistant City Manager
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 1
SUBJECT:
CANVASS OF GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
ADMINISTRATIVE
REPORTS/DISCUSSION/ACTION
...ELECTION
ITEM
RECOMMENDATION:
That the City Council adopt a resolution of the City Council of the City of Ontario, California, reciting the facts of the General Municipal Election held on November 5, 2024, and declaring the results thereof and such other matters as provided by law.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT:
There is no fiscal impact associated with approval of this resolution.
BACKGROUND & ANALYSIS:
A General Municipal Election was held in the City of Ontario, California, on Tuesday, November 5, 2024, for the election of one member of the City Council for District 1 and one member of the City Council for District 4, the City Treasurer and the City Clerk, each of which to serve full four-year terms. The County of San Bernardino Registrar of Voters has completed the canvass of the results and the appropriate Resolution has been prepared for adoption. The results are attached as Exhibit A to the above entitled Resolution.
The San Bernardino County Registrar of Voters has certified the election results as follows:
Debra Porada for City Council representing District 1
Daisy Macias for City Council representing District 4
James R. Milhiser City Treasurer
Sheila Mautz City Clerk
Copies of the Statement of Certification of Election Results for the 2024 General Municipal Election, Final Certified Election Results, and Total Canvass are attached. 11 RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
WHEREAS, a General Municipal Election was held and conducted in the City of Ontario, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in the time, form and manner as provided by law; voting precincts were properly established; election officers were appointed, and in all respects the elections were held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general cities; and
WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council; the results are received, attached, and made a part hereof as “Exhibit A”.
NOW, THEREFORE, the City Council of the City of Ontario hereby finds, determines and resolves as follows:
SECTION 1. That the whole number of ballots cast in the precincts including vote-by-mail ballots and provisional ballots are detailed in the Official Canvass attached as Exhibit A.
SECTION 2. That the names of the persons voted for in the election for Member of City Council, District 1 were as follows:
Debra Porada
Raquel Morgan Valencia
Joseph Angel Sandoval
Luis Suarez
SECTION 3. That the names of the persons voted for in the election for Member of City Council, District 4 were as follows:
Celina Lopez
Daisy Macias
Andrea Galván
Norberto Corona
Jose M. Nikyar
12 SECTION 4. That the names of the persons voted for in the election for City Clerk were as follows:
Sheila Mautz
Xochitl R. Baca
SECTION 5. That the names of the persons voted for in the election for City Treasurer were as follows:
James R. Milhiser
SECTION 6. That the number of votes cast in each precinct, and the number of votes cast in the City for each of the persons above-named for the respective offices for which the persons were candidates, are set forth in “Exhibit A,” which is attached hereto and incorporated herein by this reference.
SECTION 7. The City Council does declare and determine that as a result of the election:
1) Debra Porada was elected as a Member of the City Council representing District 1 for the full term of four years;
2) Daisy Macias was elected as a Member of the City Council representing District 4 for the full term of four years;
3) Sheila Mautz was elected as City Clerk for the full term of four years; 4) James R. Milhiser was elected as City Treasurer for the full term of four years; SECTION 8. The City Clerk shall enter on the records of the City of Ontario, a statement of result of the election, showing:
1) The whole number of votes/ballots cast in the City;
2) The names of the persons voted for;
3) For what office each person was voted;
4) The number of votes cast at each precinct for each person; 5) The total number of votes cast for each person.
SECTION 9. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 10. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. 13 SECTION 11. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
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
14 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)
15 EXHIBIT A
16 ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
NOVEMBER 5, 2024
(Not official Until Approved)
(Not Official Until Approved)
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, November 5, 2024 at Ontario City Hall, 303 E. B Street Ontario, California.
OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:32 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, Jim W. Bowman, and Ruben Valencia
ABSENT: Council/Authority Members: None
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
The invocation was led by Pastor Enoch Zesati, Victory Outreach Ontario Bilingual.
PUBLIC COMMENT
Assistant City Clerk Isbell announced there were two written comments.
Betty Barfield Lipton, regarding parking issues.
Adrian Lopez, regarding transportation.
Mayor Leon called upon the first speaker:
Jeanette Wright, spoke regarding parking issues.
Terri Carver, spoke regarding feral cats.
17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 5, 2024
Hope Bilderain, spoke regarding the American Cancer Society.
Gloria Carrillo, spoke regarding debris from a residential tree.
Anh Thi Nguyen, spoke regarding debris from a residential tree Peng Che Ma, spoke regarding a personal grievance with the Ontario Police Department.
AGENDA REVIEW/ANNOUNCEMENTS
MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, to approve the Consent Calendar.
1. APPROVAL OF MINUTES
Approved minutes for the regular meeting of the City Council, Housing Authority, and Ontario Public Financing Authority of October 1, 2024 and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved bills September 27, 2024 through October 24, 2024, in the amount of $50,003,977.14, and Payroll September 7, 2024 through October 5, 2024 in the amount of $11,732,086.14.
3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV23-013
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MILL CREEK
AVENUE AND CHINO AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV23-013, generally located at the southwest corner of Mill Creek Avenue and Chino Avenue within the Rich-Haven Specific Plan.
RESOLUTION NO. 2024-187 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.
PDEV23-013 GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MILL
CREEK AVENUE AND CHINO AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN.
4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20529 GENERALLY
LOCATED SOUTH OF CHINO AVENUE BETWEEN HAVEN AVENUE AND MILL
CREEK AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN
The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20529, generally located south of Chino Avenue between Haven Avenue and Mill Creek Avenue within the Rich- Haven Specific Plan.
18 Ontario City Council/Ontario Housing Authority
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RESOLUTION NO. 2024-188 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20529
GENERALLY LOCATED SOUTH OF CHINO AVENUE BETWEEN HAVEN
AVENUE AND MILL CREEK AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN.
5. AWARD PROFESSIONAL SERVICES AGREEMENT FOR COST ALLOCATION
PLAN, CERTIFIED OMB PLAN, AND INTERNAL SERVICE FUNDS RATE PLANS
FOR VARIOUS CITY FUNDS
The City Council awarded a Professional Services Agreement for Cost Allocation Plan, Certified OMB Plan, and Internal Service Funds rate plans to Cherry Bekaert, LLC, for a three-year term for an amount not-to-exceed $180,000 with the option to extend the Agreement for two (2) additional one-year terms for $60,000 per fiscal year; and authorized the City Manager, or his designee, to execute the Agreement.
6. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20517 GENERALLY
LOCATED AT THE NORTHEAST CORNER OF MERRILL AND SULTANA
AVENUES
The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20517, generally located at the northeast corner of Merrill and Sultana Avenues within the Ontario Ranch Business Park Specific Plan.
RESOLUTION NO. 2024-189 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20517
GENERALLY LOCATED AT THE NORTHEAST CORNER OF MERRILL AND SULTANA AVENUES.
7. FISCAL YEAR 2024-25 FIRST QUARTER BUDGET UPDATE REPORT The City Council approved the budget adjustments and recommendations as presented in the Fiscal Year 2024-25 First Quarter Budget Update Report.
8. THE RENEWAL OF THE EXISTING WORK ORDER AND ASSET MANAGEMENT
SYSTEM WITH AZTECA SYSTEMS, LLC FOR PUBLIC WORKS AND ONTARIO
MUNICIPAL UTILITIES COMPANY
The City Council authorized the City Manager, or his designee, to execute the renewal of the CityWorks work order and asset management system used by Public Works and Ontario Municipal Utilities Company (OMUC) with Azteca Systems, LLC, of Sandy, Utah for three years with an optional renewal period for two years for a total contract amount not-to-exceed $662,917.
19 Ontario City Council/Ontario Housing Authority
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9. ACCEPT AND APPROVE LAW ENFORCEMENT EQUIPMENT GRANT FROM
CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS)/ENHANCING LAW
ENFORCEMENT ACTIVITIES SUBACCOUNT (ELEAS) ADDITIONAL AWARD FOR FISCAL YEAR 2023-24
The City Council authorized the City Manager, or his designee, to execute all documents necessary to accepted and approved the Citizen' s Option for Public Safety (COPS)/Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2023-24 in the amount of $266,069.
10. ACCEPT AND APPROVE LAW ENFORCEMENT GRANT FROM CITIZEN'S
OPTION FOR PUBLIC SAFETY (COPS)/ENHANCING LAW ENFORCEMENT ACTIVITIES SUBACCOUNT (ELEAS) FOR FISCAL YEAR 2024-25
The City Council authorized the City Manager, or his designee, to execute all documents necessary to accept and approve the Citizen's Option for Public Safety (COPS)/Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2024-25 in the amount of $279,859.
11. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH GRBCON, INC. FOR THE EASEMENT AND STORM DRAINPIPE REPLACEMENT
PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to approve Change Order No. 2 to the Construction Contract with GRBCON, Inc., of Baldwin Park, California, for the Easement and Storm Drainpipe Replacement Project in the amount of $467,191 for a total not-to-exceed contract amount of $1,245,101; and
B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of construction related activities.
12. A CONSTRUCTION CONTRACT WITH MARINA LANDSCAPE, INC. FOR THE
MISSION BOULEVARD MEDIAN IMPROVEMENT PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute Construction Contract No. PM 2425-19 with Marina Landscape, Inc., of Orange, California, for the Mission Landscape and Irrigation Project for a total contract amount of $1,849,000 and authorize a 10% contingency of $184,900 for a total not- to-exceed contract amount of $2,033,900; and
B. Authorized the City Manager, or his designee, to execute all documents 20 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 5, 2024
required for the completion of the project including, but not limited to, contracts, agreements, assessments, reductions of retention accounts, and filing a notice of completion at the conclusion of all construction-related activities.
13. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH
SAFARILAND LLC FOR LAW ENFORCEMENT SAFETY EQUIPMENT
The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Goods and Services Agreement with Safariland LLC, with its principal place of business in Jacksonville, Florida, increasing the authorized contract amount for specialized law enforcement safety equipment by $450,000, for a total not-to-exceed amount of $1,250,000.
PUBLIC HEARINGS
14. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE
FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES); AND INTRODUCTION
OF AN ORDINANCE LEVYING SPECIAL TAXES
The City Council considered and:
A. Adopted a Resolution of Formation of Community Facilities District No. 72 (Loma Creek Logistics Center Services), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established; B. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services); C. Adopted a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; and D. Introduced and waived further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services).
Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
RESOLUTION NO. 2024-190 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER
SERVICES), PROPOSING THAT THE COMMUNITY FACILITIES DISTRICT BE
AUTHORIZED TO LEVY A SPECIAL TAX AND PROPOSING THAT AN
APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE 21 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 5, 2024
ESTABLISHED.
RESOLUTION NO. 2024-191 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES).
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to adopt Resolution Nos. 2024-190 and 2024-191.
RESOLUTION NO. 2024-192 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-192.
ORDINANCE NO. 3288 (FIRST READING) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES).
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to introduce Ordinance No. 3288.
15. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY
REPORT AND LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO AND
CORE HOTEL VENTURE, LLC AND CONSIDERATION OF RESOLUTION The City Council took the following actions:
A. Considered and adopted a Resolution authorizing the execution of a Loan Agreement and other related documents in connection with providing a loan to CORE Hotel Venture, LLC and accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.
B. Directed City Sta to file a Notice of Exemption based upon the City Council's finding that there is no possibility that the approval of this Loan Agreement will have a significant effect on the environment and therefore, no environmental analysis is required.
RESOLUTION NO. 2024-193 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT BY AND BETWEEN THE CITY OF
ONTARIO AND CORE HOTEL VENTURE LLC AND ACCEPTING THE
ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083.
Notice of public hearing was duly given. Affidavits of compliance are on file. There were 22 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – November 5, 2024
no written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman seconded by Council Member Valencia and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-193.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
16. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH) SPECIAL TAX BONDS, SERIES 2024 AND RELATED MATTERS
The City Council took the following actions:
A. Considered and adopted a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 64 (Sunset Ranch) Special Tax Bonds, Series 2024, in an aggregate principal amount not-to-exceed $30 million, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement, and a Continuing Disclosure Agreement, authorizing the distribution of an O cial Statement, authorizing the execution of necessary documents and certificates and related actions; B. Considered and adopted a Resolution of the City of Ontario making a declaration of o cial intent to reimburse facilities expenditures with bond proceeds and related actions;
C. Authorized the issuance of special tax bonds for public improvements required to facilitate the development of the Sunset Ranch project and the Ontario Ranch development;
D. Approved the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement; E. Authorized a negotiated sale of the special tax bonds to Samuel A. Ramirez & Co., in accordance with the terms of the Bond Purchase Agreement; and F. Authorized the execution of an Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, a deemed final certification in connection with the issuance of the bonds by the City Manager or the other specified authorized officers.
RESOLUTION NO. 2024-194 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH) SPECIAL TAX BONDS, SERIES 2024, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $30,000,000 AUTHORIZING THE EXECUTION AND
DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT AND A
CONTINUING DISCLOSURE AGREEMENT, AUTHORIZING THE DISTRIBUTION
OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH AND
AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND
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CERTIFICATES AND RELATED ACTIONS.
RESOLUTION NO. 2024-195 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, MAKING A DECLARATION OF OFFICIAL
INTENT TO REIMBURSE FACILITIES EXPENDITURES WITH BOND PROCEEDS AND RELATED ACTIONS.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0 with, adopt Resolution Nos. 2024-194 and 2024-195.
STAFF MATTERS
City Manager Ochoa made no announcements.
COUNCIL MATTERS
Council Member Valencia had no comments.
Council Member Wapner had no comments.
Mayor Leon had no comments.
Mayor pro Tem Porada thanked Staff for their hard work.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 6:58 p.m. and announced the next regular meeting was scheduled for November 19, 2024.
Respectfully submitted,
____________________________________
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
24 Department: Financial Services
Prepared By: William B Quan
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Doreen Nunes
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:
RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURERS AND THE
UPDATED INVESTMENT POLICY
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council adopt Resolutions rescinding Resolution Nos. 2023-158 and 2023-159; and amending the list of Deputy City Treasurers authorized to invest City funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider and approve the update to the City of Ontario's Investment Policy.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT:
There is no direct fiscal impact associated with these updates to the authorized Deputy City Treasurers and Investment Policy.
BACKGROUND & ANALYSIS:
Recent staff movements have necessitated the need to update Resolutions identifying those individuals authorized to invest City funds and to transact with LAIF.
Section 7 was added to the Investment of City funds Resolution, identifying the City signers on all claims of payment. All other Resolution provisions remain unchanged to ensure continuity in the City Treasury management operations. The authorized individuals will be as follows: City Treasurer, Executive Director of Finance, Departmental Administrator (Financial Services Agency), and the Chief Investment Officer
.
Section 53646(a) (2) of the California Government Code states that the Treasurer or Chief Fiscal Officer of a local agency may annually render to the legislative body of that local agency, a Statement of Investment Policy, which the legislative body of the local agency shall consider at a public meeting. Any change in the policy shall also be considered by the legislative body of the local agency at a public meeting.
The current Investment Policy was approved on December 5, 2023. One update is to clarify the investment pools type, the Joint Powers Authority Pool was added as an authorized investment type. There are no other changes to the Investment Policy. The Investment Policy is attached as Exhibit A.
25 December 3, 2024
City of Ontario
303 East B Street
Ontario, CA 91764
909-395-2000
www.ontarioca.gov
I N V E S T M E N T P O L I C Y
26 Investment Policy Statement
page 1
City of Ontario
Investment Policy Statement
TABLE OF CONTENTS
1 Purpose …........................................................................................................................ 2 2 Scope .….......................................................................................................................... 2 3 Delegation of Authority …...........................................….................................................. 2 4 Prudence …............................................…...................................................................... 3 5 Investment Objectives …............................................…................................................. 3 6 Ethics and Conflicts of Interest …................................................................................... 4 7 Internal Controls ….............................................….......................................................... 4 8 Safekeeping of Securities …............................................…............................................. 4 9 Reporting ….............................................…..................................................................... 5 10 Qualified Dealers ….............................................…......................................................... 5 11 Competitive Bidding …..............................................….................................................... 6 12 Purchase and Sale of Securities …............................….................................................. 6 13 Policy Review …..............................................…............................................................. 6 14 Diversification ….............................................….............................................................. 6 15 Maximum Maturities …..............................................….................................................... 6 16 Table of Authorized Investments …....................................….......................................... 7 17 Description of Authorized Investments …...............................…..................................... 8 18 Investment Pools/Mutual Funds …........................................…....................................... 11 19 Collateralization ….............................................…........................................................... 12 20 Ineligible Investments ….............................................….................................................. 12 21 Glossary of Investments Terms …............................................…................................... 13 APPENDIX A – List of Resolutions for Investment of Inactive Funds in LAIF…..................... 21 APPENDIX B – List of Resolutions for Investment of City Funds ........................................... 22 27 Investment Policy Statement
page 2
CITY OF ONTARIO
INVESTMENT POLICY STATEMENT
1. PURPOSE
This Statement of Investment Policy (“Policy”) is intended to: (a) describe the policies and procedures utilized in the City of Ontario (“City”) investment management system; (b) put in place guidelines for the prudent investment of the City’s funds; and (c) list and describe suitable investments.
The goals of the City’s investment policy and investment management function are enhancement of the economic status of the City and protection of the City’s funds.
The investment policies and practices of the City are based upon Federal and state law, as well as prudent money management principles. The primary goals of these policies are:
A. To ensure compliance with all laws governing the investments under the control of the City Treasurer.
B. To protect the principal monies entrusted to this office.
C. To generate the maximum amount of investment income consistent with the parameters established in this Policy.
2. SCOPE
This Policy applies to all monies belonging to the City and proceeds from bonds or notes issued by the City, and any authorized special districts. Bond proceeds and any funds associated with bond issues and other monies arising from bond indebtedness are further restricted by the pertinent bond indenture. Funds described above are accounted for in the City’s Annual Comprehensive Financial Report. The City will comply with all applicable sections of the Internal Revenue Code of 1986, Arbitrage Rebate Regulations, and bond covenants with regards to the investment of bond proceeds. All monies entrusted to the City Treasurer will be pooled in an actively managed portfolio and will be referred to as the “fund” or the “portfolio” throughout the remainder of this document.
3. DELEGATION OF AUTHORITY
In accordance with state law (California Government Code Section 53607) and under the authority granted by the City Council (refer to appendix A and B for list of resolutions), the City Treasurer and Deputy City Treasurer(s) are authorized to invest the unexpended cash in the City treasury. The responsibility for the day-to-day investment of the City’s funds is delegated to the Chief Investment Officer. In the absence of the Chief Investment Officer, the Deputy City Treasurer will be responsible for the investment function. The City may engage the services of one or more external investment advisers (who are registered under the Investment Advisers Act of 1940) to assist in the management of the City’s investment portfolio in a 28 Investment Policy Statement
page 3
manner consistent with the City’s objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this Policy.
4. PRUDENCE
Investments shall be made with judgment and care under circumstances then prevailing (which persons of prudence, discretion, and intelligence exercise in the management of their own affairs; not for speculation, but for investment), considering the probable safety of the City’s capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the “prudent investor” standard (California Government Code Section 53600.3) and shall be applied in the context of managing an overall portfolio.
Investment officers (acting in accordance with written procedures and the investment policy and exercising due diligence) shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
5. INVESTMENT OBJECTIVES
A. Safety of Principal
Safety of principal is the foremost objective of the investment policies and practices of the City. Investment decisions shall seek to minimize net capital losses on a portfolio basis.
This Policy recognizes that market conditions may warrant the sale of individual securities incurring losses in order to protect against further and more substantial capital losses. The intent of this Policy is to ensure that capital losses are minimized on a portfolio level rather than on each transaction. The City shall seek to preserve principal by mitigating credit risk and market risk.
1) Credit Risk – Defined as the risk of loss due to failure or insolvency of an issuer, credit risk shall be mitigated by diversifying the fund so that the failure of any one issuer would not unduly harm the City’s cash flow. No more than five percent (5%) of the portfolio may be invested (at time of purchase) in the securities of any one single issuer except the U.S. Government (its agencies and supranational organizations) or the State of California Local Agency Investment Fund.
2) Market Risk – Defined as the risk of market value fluctuations due to changes in the general level of interest rates. Because longer maturity fixed-income securities have greater market risk than shorter maturity securities, market risk will be mitigated by limiting the weighted average maturity of the fund to two and a half (2 ½) years. It is explicitly recognized that in an active portfolio, occasional losses are inevitable and must be considered within the context of the overall investment return.
B. Liquidity
The City’s fund will be structured to ensure that the projected expenditure requirements of the City for the next six (6) months can be met with a combination of anticipated revenues, 29 Investment Policy Statement
page 4
maturing securities, principal and interest payments, and liquid instruments as required by California Government Code Section 53646.
C. Performance Measurement (Yield)
The performance of the City’s investment portfolio will be measured on a total return basis.
The portfolio’s performance will be measured against a benchmark of the ICE Bank of America one to five (1-5) year Treasury and Agency Index (“Index”). The Index’s returns are reported monthly on the City’s current portfolio report.
6. ETHICS AND CONFLICTS OF INTEREST
All participants in the investment process shall act as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation.
Thus, employees and officials involved in the investment process shall refrain from personal business activity that could create a conflict of interest or the appearance of a conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
Employees and investment officials shall disclose to the Investment Officer any material interests in financial institutions with which they conduct business, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking any personal investment transactions with the same individual with whom business is conducted on behalf of the City.
7. INTERNAL CONTROLS
The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management.
Periodically (as deemed appropriate by the City) an independent analysis by an external auditor shall be conducted to review internal controls, account activity, and compliance with policies and procedures.
8. SAFEKEEPING OF SECURITIES
All securities owned by the City (including collateral for repurchase agreements) shall be held in safekeeping by the City’s custodial bank or a third-party bank trust department acting as agent for the City under terms of a custody or trustee agreement executed by the bank and the City (with the exception of insured Certificates of Deposit (“CD”), the Local Agency 30 Investment Policy Statement
page 5
Investment Fund of the State of California, and Joint Powers Authority Pool). All securities will be received and delivered using standard delivery versus payment (“DVP”) procedures and in accordance with State Code.
9. REPORTING
The City Treasurer is required to submit an investment report on a quarterly basis to the City Manager, the Internal Auditor, and the City Council in accordance with California Government Code Section 53646. The report is required to be submitted within thirty (30) days of the end of the quarter. The City Treasurer has elected to provide this report monthly. This report will include the following information:
Type of investment instrument (i.e., Treasury Bill CD) Issuer name (i.e., U.S. Treasury Note)
Purchase date (trade and settlement date)
Maturity date
Par value
Purchase price
Current market value and source of valuation
Overall portfolio yield based on cost
Statement of compliance of the portfolio to the investment policy or an explanation of the manner in which the portfolio is not in compliance
Description of any of the City’s funds that are under the management of contracted parties
Statement denoting the ability of the City to meet its expenditure requirements for the next six (6) months, or an explanation as to why sufficient money may not be available
10.QUALIFIED DEALERS
The Chief Investment Officer or designee shall maintain a list of financial institutions qualified to do business with the City. Banks and broker/dealers will be selected on the basis of creditworthiness, experience, and capitalization. Prior to approval, they must read and sign the City’s Broker/Dealer Questionnaire and Certification. In accordance with California Government Code Section 53601, a bank or broker/dealer must be qualified as a dealer regularly reporting to the New York Federal Reserve Bank (“Primary Dealer”) to conduct repurchase agreements with the City.
Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the City may rely on the adviser for selection.
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, best efforts will be made to document quotations 31 Investment Policy Statement
page 6
for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.
11.COMPETITIVE BIDDING
It will be the policy of the City to transact all securities purchases and sales through a formal and competitive process requiring the solicitation and evaluation of at least three (3) bids/offers whenever possible. The City will accept the offer, which provides (a) the highest rate of return; and (b) optimizes the investment objectives of the overall portfolio. On transactions where three bids/offers are not available, the Chief Investment Officer or designee shall make an evaluation regarding the relative attractiveness of various offer using factors such as maturity date, credit ratings, structure, and other factors which influence pricing. It will be the responsibility of the City’s staff involved to produce and retain written records (including the name of the financial institutions solicited, price/rate quoted, description of the security, bid/offer selected, and any special considerations that had an impact on their decision).
12.PURCHASE AND SALE OF SECURITIES
Unless the services of an external investment adviser are used, purchases and sales of securities will be executed only by the Chief Investment Officer and in their absence the Deputy City Treasurer. All transactions will be reviewed and approved by the City Treasurer or their designee.
13.POLICY REVIEW
The City Treasurer shall annually render to the City Council an investment policy statement, which shall be considered at a public meeting. Any changes in the policy shall also be considered by the City Council at a public meeting.
14.DIVERSIFICATION
The City will diversify use of investment instructions to avoid unreasonable risks inherent in over-investing in specific instruments, individual financial institutions, or maturities. Market price volatility shall be controlled through maturity diversification as well as ensuring adequate liquidity is available to meet cash flow requirements, thereby precluding the need to sell instruments at a market loss.
15.MAXIMUM MATURITIES
In accordance to California Government Code Section 53601, the City will not invest in any securities maturing more than five (5) years from the settlement date of purchase. If there is a desire to make investments longer than five (5) years, express authority to make those 32 Investment Policy Statement
page 7
investments (either specifically or as part of an investment program) must be approved by the City Council no less than three (3) months prior to the investment.
16.TABLE OF AUTHORIZED INVESTMENTS
INVESTMENT TYPE MAXIMUM
MATURITY
MAXIMUM SPECIFIED % OF
PORTFOLIO
MINIMUM QUALITY
REQUIREMENTS
CA GOVERNMENT
CODE SECTIONS
U.S. Treasury Obligations 5 years None None 53601(b)
U.S. Agency Obligations 5 years None, but no more than 20% in any one issuer None 53601(f)
Bankers' Acceptances 180 days 40% and no more than 5% in any one single bank
Short-term debt rate "A-1" or better
by at least one NRSRO, Long-term
debt rated "A" or better by at least
one NRSRO
53601(g)
Commercial Paper-Non Pooled Funds 270 days 15% and no more than 10% in any one issuer
Rate "A-1" or better by at least two
NRSRO and rated "A" or better on
long-term debentures by a
NRSRO
53601(h)(2)(c)
Commercial Paper-Pooled Funds 270 days 15% and no more than 10% in any one issuer
Rate "A-1" or better by at least two
NRSRO and rated "A" or better on
long-term debentures by a
NRSRO
53635(a)(1)
Negotiable Certificates of Deposit 5 years 30% Rate "A-1" or better by at least two NRSRO 53601(i)
Repurchase Agreements 1 year None, but no more than 20% of the cost value of the fund
Collateral rate shall be valued at
102% or greater of the value of the
repurchase agreement
53601(j)(1)(2)
Local Agency Investment Fund (LAIF) N/A None None 16429.1 Joint Powers Authority Pool N/A None Multiple (listed in #8) 53601(p) Time Deposits (Non-Negotiable
Certificate of Deposit) 5 years 25% of the fund None 53630 et seq.
Medium-Term Notes 5 years
30% and no more than 15%
rated below "AA" by at least
two NRSRO; No more than 5%
may be in any one corporate
name
Must have rate of "A" or better by
at least two NRSRO, 30% max
and no more than 15% rated
below "AA" by at least two
NRSRO; No more than 5% may be
in any one corporate name
53601(k)
Collateralized Mortgage Obligations,
Mortgage-Backed or Other Pay-
Through Bond, Equipment Leased-
Backed Certificate (Asset-Backed
Securities), or Consumer Receivable-
Back Bond
5 years 20% of the fund Rate "AA" 53601(o)
California Local Agency Obligations 5 years None None 53601(e) California State Obligations 5 years None None 53601(d) Supranational Obligations 5 years 10% Rate "AA" or better by NRSRO 53601(q) Mutual Funds N/A
20% and no more than 10% of
total portfolio in any one
mutual fund
Attain highest ranking by at least
two NRSROs or have retained a
registered investment advisor
53601(l) 53601.6(b)
Money Market Mutual Funds N/A
20% and no more than 20% of
total portfolio in any one
money market mutual fund
Attain highest ranking by at least
two NRSROs or have retained a
registered investment advisor
53601(l) 53601.6(b)
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17.DESCRIPTION OF AUTHORIZED INVESTMENTS
A. The City’s Investment Portfolio is governed by California Government Code Section 53600 et seq . Percentage holding limits listed in this section apply at the time the security is purchased. Within the context of these limitations, the following investments are authorized, as further limited herein:
1) United States Treasury Bills, Notes, and Bonds or those securities for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no limitation as to the percentage of the fund which can be invested in this category.
2) Obligations (including U.S. Government Agency Mortgage pass-through securities) issued by various agencies of the Federal Government including but not limited to the Federal Farm Credit Bank System (“FFCB”), Federal Home Loan Bank (“FHLB”), Federal National Mortgage Association (“FNMA”), Federal Home Loan Mortgage Corporation (“FHLMC”), and such agencies or enterprises which may be created. There is no percentage limitation on the dollar amount which can be invested in Agency issues in total, but no more than twenty percent (20%) of the cost value of the portfolio may be invested in the securities of any one issuer. 3) Bills of exchange or time drafts drawn on and accepted by a commercial bank, commonly known as banker’s acceptances. Bankers’ acceptances may not exceed one hundred eighty (180) days to maturity. To be eligible for purchase, banker’s acceptances must have short-term debt obligations rated “A-1” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”); or long-term debt obligations which are rated in a rating category of “A” or its equivalent or better by at least one NRSRO. No more than forty percent (40%) of the cost value of the portfolio may be invested in bankers’ acceptances, and no more than five percent (5%) of the cost value of the portfolio may be invested in banker’s acceptances of any single bank.
4) Commercial paper rated “A-1” or its equivalent by at least two (2) NRSROs and issued by a domestic corporation having assets in excess of five hundred million dollars ($500,000,000) and having at least an “A” or its equivalent rating on its long- term debentures as provided by a NRSRO. Purchases of eligible commercial paper may not exceed two hundred seventy (270) days maturity nor represent more than ten percent (10%) of the outstanding paper on an issuing corporation. Purchases of commercial paper may not exceed fifteen percent (15%) of the portfolio, which may be invested pursuant to this section. An additional fifteen percent (15%) or a total of thirty percent (30%) of the City’s money may be invested pursuant to this subdivision. The additional fifteen percent (15%) may be so invested only if the dollar weighted average maturity of the entire amount does not exceed thirty one (31) days.
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5) Negotiable certificates of deposit issued by a nationally or State chartered bank or a State or Federal savings institution, or a State licensed branch of a foreign bank (“Yankee”). Purchases of negotiable certificates of deposit may not exceed thirty percent (30%) of the cost value of the portfolio. To be eligible for purchase by the City, the certificate of deposit must be rated “A-1” or its equivalent by at least two (2) NRSROs.
6) Repurchase Agreements – The City may invest in repurchase agreements with primary dealers of the Federal Reserve Bank of New York with which the City has entered into a Public Securities Association master repurchase agreement (“ Master Repurchase Agreement”). The maturity of Repurchase Agreements shall not exceed one (1) year. The market value of securities used as collateral for Repurchase Agreements shall be valued at no less than one hundred two percent (102%) of the value of the Repurchase Agreement. Collateral pricing will be monitored no less than monthly by the investment staff and not be allowed to fall below one hundred two percent (102%) of the value of the Repurchase Agreement.
In order to conform to provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for Repurchase Agreements, the only securities acceptable to the City as collateral shall be securities that are direct obligations of (or that are fully guaranteed as to principal and interest) by the United States or any agency thereof. Investments in repurchase agreements may not exceed twenty percent (20%) of the cost value of the fund. 7) Local Agency Investment Fund - The City may invest in the Local Agency Investment Fund (“LAIF”) established by the State Treasurer for the benefit of local agencies up to the maximum permitted under California Government Code Section 16429.1.
8) Joint Powers Authority Pool - The City may invest in shares of beneficial interest issued by a joint powers authority organized pursuant to California Government Code Section 6509.7 that invests in the securities and obligations authorized under California Government Code Section 53601. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible, the joint powers authority issuing the shares must have retained an investment advisor that is registered or exempt from registration with the Securities and Exchange Commission, have not less than five (5) years of experience in investing in the securities and obligations authorized under California Government Code Section 53601, and have assets under management in excess of five hundred million dollars ($500,000,000).
9) Time Deposits – The City may invest in non-negotiable time deposits collateralized in accordance with the California Government Code, which meet the requirements for investment in negotiable certificates of deposit. The City may invest in insured certificates of deposit with individual depository institutions up to the insured limit.
No more than twenty-five percent (25%) of the fund may be invested in this category. 35 Investment Policy Statement
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10)Medium-term notes of a maximum of five (5) years maturity issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any State and operating within the United States.
The issuing corporation must have a minimum rating of “A” or its equivalent by at least two (2) NRSROs and have in excess of five hundred million dollars ($500,000,000) in shareholder equity. Purchase of medium-term notes may not exceed thirty percent (30%) of the cost value of the portfolio with no more than fifteen percent (15%) of the cost value of the portfolio rated below “AA” or its equivalent by at least two (2) NRSROs. No more than five percent (5%) of the portfolio (at time of purchase) may be invested in any one corporate name, including the parent corporation or subsidiaries.
11)Asset Backed Securities - Any collateralized mortgage obligations, mortgage- backed or other pay-through bond, equipment lease-backed certificate, or consumer receivable-backed bond. Securities eligible for investment under this section shall be rated in a rating category of “AA” by a nationally recognized statistical rating organization and have a maximum remaining maturity of five (5) years or less.
Purchase of securities authorized by this subdivision may not exceed twenty percent (20%) of the cost value of the portfolio.
12)Bonds, notes, warrants or other evidence of indebtedness of any local agency of this state including bonds payable solely out of the revenues from a revenue producing property owned, controlled, or operated by the local agency (or by a department, board, agency, or authority of the local agency). 13)Registered state warrants or treasury notes or bonds of this state including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state (or by a department, board, agency, or authority of the state).
14)Supranational Obligations - United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank with a maximum remaining maturity of five (5) years or less; and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated "AA" or better by an NRSRO and shall not exceed ten percent (10%) of the City's money that may be invested pursuant to this section.
15)Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
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a) Mutual Funds that invest in the securities and obligations as authorized under California Government Code Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
i. Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
ii. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years’ experience investing in the securities and obligations authorized by California Government Code Section 53601 and with assets under management in excess of five hundred million dollars ($500,000,000).
iii. No more than ten percent (10%) of the total portfolio may be invested in shares of any one mutual fund.
b) Money Market Mutual Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria:
i. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
ii. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
iii. No more than twenty percent (20%) of the total portfolio may be invested in the shares of any one Money Market Mutual Fund. c) No more than twenty percent (20%) of the total portfolio may be invested in these securities.
B. In the event of a rating downgrade of security in the City’s portfolio by any of the applicable rating agencies (Standard and Poor’s or Moody’s) to a rating category below the minimum required for purchase, the Chief Investment Officer or designee will document such downgrade in writing. The Chief Investment Officer or designee will also communicate to the City Treasurer a recommended course of action for said security.
18.INVESTMENT POOLS/MUTUAL FUNDS
The City shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The Treasurer or their designee shall 37 Investment Policy Statement
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develop a questionnaire which will answer the following general questions:
A description of eligible investment securities, and a written statement of investment policy and objectives.
A description of interest calculations and how it is distributed, and how gains and losses are treated.
A description of how the securities is safeguarded (including the settlement processes), and how often the securities are priced and the program audited. A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
A schedule for receiving statements and portfolio listings. A description of how the pool/fund utilizes reserves, retained earnings, etc. A fee schedule, including when and how it is assessed. The eligibility of the pool/fund to invest in bond proceeds and special district funds, and a description of its practices.
19.COLLATERALIZATION
Certificates of Deposit (“CD”). The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a Non-Negotiable CD.
The value of eligible securities as defined pursuant to California Government Code Section 53651, pledged against a CD shall be equal to one hundred fifty percent (150%) of the face value of the CD if the securities are classified as mortgages and one hundred ten percent (110%) of the face value of the CD for all other classes of security.
Collateralization of Bank Deposits. This is the process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing repayment of deposited funds. The City shall require any bank or financial institution to comply with the collateralization criteria defined in California Government Code Section 53651.
Repurchase Agreements. The City requires that Repurchase Agreements be collateralized only by securities authorized in accordance with California Government Code:
1. The securities which collateralize the repurchase agreement shall be priced at Market Value, including any Accrued Interest plus a margin. The Market Value of the securities that underlie a repurchase agreement shall be valued at one hundred two percent (102%) or greater of the funds borrowed against those securities.
2. Financial institutions shall mark the value of the collateral to market at least monthly and increase or decrease the collateral to satisfy the ratio requirement described above.
3. The City shall receive monthly statements of collateral.
20.INELIGIBLE INVESTMENTS
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Ineligible investments – Investments not described herein are prohibited for purchase in the City’s portfolio. Specifically prohibited as of January 1, 1996 are: Inverse floaters, range notes, interest-only strips derived from a pool of mortgages, or any security that could result in zero interest accrual if held to maturity.
21.GLOSSARY OF INVESTMENT TERMS
Agencies. Shorthand market terminology for any obligation issued by a government- sponsored entity (“GSE”), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
The Federal Farm Credit Bank System (“FFCB”) provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
The Federal Home Loan Bank (“FHLB”) provides credit and liquidity in the housing market.
FHLB issues discount notes and bonds.
The Federal Home Loan Mortgage Corporation (“FHLMC”) provides credit and liquidity in the housing market. FHLMC (also known as “FreddieMac”) issues discount notes, bonds, and mortgage pass-through securities.
The Federal National Mortgage Association (“FNMA”) was established to provide credit and liquidity in the housing market. FNMA (also known as “FannieMae”) issues discount notes, bonds, and mortgage pass-through securities.
The Government National Mortgage Association (“GNMA”) (also known as “GinnieMae”) issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the U.S. Government.
Asset Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
Banker’s Acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
Basis Point. One one-hundredth of a percent (i.e., 0.01%).
Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
Bond Equivalent Yield. The basis on which yields on notes and bonds are quoted.
Book Value (Cost Value). The purchase price of the security as recorded on the City’s books. 39 Investment Policy Statement
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Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from their own position.
California Debt and Investment Advisory Commission (“CDIAC”). CDIAC provides information, education, and technical assistance on debt issuance and public fund investments to local public agencies and other public finance professionals. CDIAC was created in 1981 with the passage of Chapter 1088, Statutes of 1981 (Assembly Bill (“AB”) 1192). This legislation established the California Debt Advisory Commission as the State's clearinghouse for public debt issuance information and required it to assist state and local agencies with the monitoring, issuance, and management of public debt.
Callable. A callable security gives the issuer the option to call/redeem it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline, the issuer will likely call its current securities and reissue them at a lower rate of interest.
Certificate of Deposit (“CD”). A time deposit with a specific maturity evidenced by a certificate.
Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
Collateralized Bank Deposit. A bank deposit that is collateralized at least one hundred percent (100%) (principal plus interest to maturity). The deposit is collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
Collateralized Mortgage Obligations (“CMO”). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
Collateralized Time Deposit. Time deposits that are collateralized at least one hundred percent (100%) (principal plus interest to maturity). These instruments are collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
Commercial Paper. The short-term unsecured debt of corporations.
Corporate Medium Term Note. A security issued by a corporation doing business in the U.S. with a maturity not to exceed five (5) years.
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Cost Value (Book Value). The purchase price of the security as recorded on the City’s books.
Coupon. The rate of return at which interest is paid on a bond.
Credit Risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.
Debenture. A bond secured only by the general credit of the issuer.
Delivery vs. Payment (“DVP”). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.
Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as Treasury bills and banker’s acceptances, are known as discount securities. They sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a security to changes interest rates.
Federal Deposit Insurance Corporation (“FDIC”). The FDIC is an independent Federal agency insuring deposits in U.S. banks and thrifts in the event of bank failures. The FDIC was created in 1933 to maintain public confidence and encourage stability in the financial system through the promotion of sound banking practices.
Federal Open Market Committee (“FOMC”). Consists of seven members of the Federal Reserve Board and five (5) of the twelve (12) Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other 41 Investment Policy Statement
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presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of the bank credit and money.
Federally Insured Time Deposit. A time deposit is an interest-bearing bank deposit account that has a specified date of maturity, such as a certificate of deposit (“CD”). These deposits are limited to funds insured in accordance with FDIC insurance deposit limits.
Fiscal Agent. A financial institution which performs payment of principal and interest to bondholders, and certain administrative duties on the bond issuer’s behalf.
Liquidity. The speed and ease with which an asset can be converted to cash.
Local Agency Investment Fund (“LAIF”). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.
Local Agency Investment Guidelines (“LAIG”). Published by CDIAC, these guidelines are intended to aid local officials in their efforts to implement existing laws pertaining to the investment of public funds. Each year, CDIAC staff convenes a working group of public- and private-sector professionals to support its efforts to revise and update these guidelines.
Local Government Investment Pool. Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (“LAIF”) to county pools, to Joint Powers Authorities (“JPAs”). These funds are not subject to the same Security Exchange Commission (“SEC”) rules applicable to money market mutual funds.
Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (“NPV”) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated or "made whole".
Margin. The difference between the market value of a security and the loan a broker makes using that security as collateral.
Market Risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
Market Value. The price at which a security can be traded.
Master Repurchase Agreement. A written contract covering all future transactions between the parties to repurchase-reverse repurchases agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the 42 Investment Policy Statement
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right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower.
Maturity. The final date upon which the principal of a security becomes due and payable.
Medium Term Notes (“MTN”). Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
Modified Duration. The percent change in price for a one hundred (100) basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.
Money Market. The market in which short-term debt instruments (Treasury bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
Money Market Mutual Fund. A mutual fund that invests exclusively in short-term securities.
Examples of investments in money market funds are certificates of deposit and U.S.
Treasury securities. Money market funds attempt to keep their net asset values at one dollar ($1) per share.
Mortgage Pass-Through Securities. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses.
Mutual Fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
Nationally Recognized Statistical Rating Organization (“NRSRO”). A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, Standard and Poor, and Moody's.
Negotiable Certificate of Deposit (“CD”). A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor). 43 Investment Policy Statement
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Paper Gain Or Loss. Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value.
Portfolio. Collection of securities held by an investor.
Primary Dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.
Government securities market.
Prudent Person (Prudent Investor) Rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person (acting in a like capacity and familiar with such matters) would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.
Rate of Return. The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond, the current income return.
Repurchase Agreement (“Repo”). Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
Reverse Repurchase Agreement (“Reverse Repo”). A Reverse Repo agreement involves an investor borrowing cash from a financial institution in exchange for securities. This investor agrees to repurchase the securities at a specific date for the same cash value plus an agreed upon interest rate. Although the transaction is similar to Repo, the purpose of entering into a Reverse Repo is quite different. While a Repo is straightforward investment of public funds, the Reverse Repo is a borrowing.
Safekeeping. A service to bank customers whereby securities are held by the bank in the customer’s name.
Securities and Exchange Commission (“SEC”). The SEC is an independent Federal government agency responsible for protecting investors, maintaining fair and orderly functioning of securities markets and facilitating capital formation. It was created by Congress in 1934 as the first Federal regulator of securities markets. The SEC promotes full public disclosure, protects investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United States. 44 Investment Policy Statement
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SEC Rule 15c3-1. An SEC rule setting capital requirements for brokers and dealers. Under SEC Rule 15c3-1, a broker or dealer must have sufficient liquidity in order to cover the most pressing obligations. This is defined as having a certain amount of liquidity as a percentage of the broker/dealer's total obligations. If the percentage falls below a certain point, the broker or dealer may not be allowed to take on new clients and may have restrictions placed on dealings with current client.
Spread. The yield or price difference between the bid and offer on an issue, or the yield or price difference between different issues.
Structured Note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling and which fall when other interest rates are rising; and "dual index floaters" which pay interest based on the relationship between two other interest rates (for example, the yield on the ten (10) year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
Supranational. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries. There are three supranational institutions that issue obligations that are eligible investments for California local agencies: the International Bank of Reconstruction and Development (“IBRD”), International Finance Corporation (“IFC”), and Inter-American Development Bank (“IADB”).
Swap. The sale of one issue and the simultaneous purchase of another for some perceived advantage.
Total Rate of Return. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
Treasury Bills. All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three (3) and six (5) month Treasury bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
Treasury Bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.
Treasury Notes. All securities issued with initial maturities of two (2) to ten (10) years are called Treasury notes and pay interest semi-annually.
Trustee. A financial institution with trust powers that acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract. 45 Investment Policy Statement
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U.S. Treasury Obligations. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the U.S. and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
Yield Curve. Yield calculations of various maturities at a given time to observe spread difference.
Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
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APPENDIX A – LIST OF RESOLUTIONS FOR INVESTMENT OF INACTIVE FUNDS IN LAIF Resolution Number City Council Approval Date
2023-158 December 5, 2023
2022-157 December 6, 2022
2021-164 November 2, 2021
2020-171 October 20, 2020
2020-128 July 21, 2020
2019-090 July 2, 2019
2019-008 February 19, 2019
2018-154 November 20, 2018
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APPENDIX B – LIST OF RESOLUTIONS FOR INVESTMENT OF CITY FUNDS Resolution Number City Council Approval Date
2023-159 December 5, 2023
2022-158 December 6, 2022
2021-165 November 2, 2021
2020-172 October 20, 2020
2020-129 July 21, 2020
2019-091 July 2, 2019
2019-009 February 19, 2019
2018-155 November 20, 2018
48 RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, PROVIDING FOR THE INVESTMENT OF INACTIVE
FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE
CALIFORNIA STATE TREASURY AND HEREBY RESCINDING
RESOLUTION NO. 2023-158.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
SECTION 1. The California State Legislature has, pursuant to Chapter 730 of the Statutes of 1976, Sections 16429.1 et seq., added to the Government Code and created the Local Agency Investment Fund as a special fund in the California State Treasury. The pooling of funds by many California local agencies will create a fund allowing for high rates of return due to the use of large denomination instruments.
SECTION 2. The City of Ontario has money in its treasury not required for immediate needs and it is in the best interest of the city to place said money in approved investments yielding maximum returns.
SECTION 3. The City of Ontario, 303 East "B" Street, Civic Center, Ontario, California 91764-4196, will participate in the Local Agency Investment Fund of the California State Treasury.
SECTION 4. The City of Ontario agrees to deposit or withdraw money in the Local Agency Investment Fund in the California State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein.
SECTION 5. The following persons are authorized to order the deposit or withdrawal of money in the Local Agency Investment Fund or their successors.
James R. Milhiser, City Treasurer
Armen Harkalyan, Deputy City Treasurer
Michelle Nguyen, Deputy City Treasurer
William Quan, Deputy City Treasurer
Claudia Hernandez, Deputy City Treasurer
SECTION 6. Resolution No. 2023-158 is hereby rescinded.
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
49 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
50 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)
51 RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2023-159.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
SECTION 1. That the City Treasurer and/or any duly-appointed Deputy City Treasurers whose names appear in this resolution are hereby authorized to open investment accounts for the City of Ontario with any bank, savings and loan association, broker dealer or other financial institution, hereinafter referred to as "broker", to purchase, sell and or deal in such notes, bonds, bills, certificates of indebtedness, warrants or registered warrants and/or other investments as are authorized for general law cities in the State of California by Chapter 4 of Part 1 Division 2 of Title 5 of the Government Code (commencing with section 53600) (hereinafter "authorized investments"), and as limited by the current investment policy of the City Council of the City of Ontario, a copy of which is attached to and made a part of this resolution, and/or such other investment policy which may be adopted by said City Council, and that all orders and instructions, written or oral, which may be given by either the City Treasurer or a duly-appointed Deputy City Treasurer; and each of whom is hereby authorized and directed to purchase, sell and/or deal in authorized investment instruments through said broker on behalf of the City of Ontario, which they may deem necessary or advisable for the City of Ontario for cash and also to make payments and to sign checks or drafts drawn upon the funds of the City of Ontario and also, to withdraw from said broker from time to time, to deliver or accept delivery of, and/or to endorse, and/or to direct the transfer of record title of, all authorized investments, and/or assets or funds that may be carried by said broker for the account of the City of Ontario, and
SECTION 2. That each of the aforesaid officers of the City of Ontario be and hereby authorized and directed to execute and deliver on behalf of the City of Ontario any customer's agreement required by broker and to enter into, execute, and deliver, any and all other agreements, documents, releases, and writings that may be required by said broker for the opening and/or continuing of said account in connection with any transaction relating to said account or to any securities or moneys of the City of Ontario whether or not in said account, provided, however, that no customer's agreement shall authorize investment in other than authorized investments, and
SECTION 3. That until broker shall receive duly written notices of change or rescission of these resolutions, said broker may rely upon the authority contained in this resolution as continuing fully effective, and the said broker may rely upon any certified copy of resolutions, specimen signatures or other writings, signed on behalf of the City of Ontario by any officer thereof; the acceptance of any other form of notice shall not constitute a waiver, of this provision, nor shall the fact that any person hereby empowered ceases to be an officer or becomes an officer under some other title, in any way affect the powers hereby conferred, until broker shall receive due written notice of change or rescission, as 52 aforesaid, and
SECTION 4. That in the event of any change in the office or powers of persons hereby empowered, the City Council shall certify those changes to broker in writing, in the manner herein above specified, which notification, when received, shall be adequate both to terminate the powers of the person theretofore authorized, and to empower the persons thereby substituted, and
SECTION 5. That any and all orders and instructions heretofore given to said broker on behalf of the City of Ontario by any officer of the City of Ontario, are hereby in all respects ratified, confirmed and approved, and
SECTION 6. That the foregoing resolutions and the certificates actually furnished to broker by any officer of the City of Ontario, be and they hereby are made irrevocable, and shall be fully effective as to any transaction for the account of the City of Ontario notwithstanding that the account may have been temporarily closed or inactive, until written notice of the revocation thereof shall have been received by broker.
SECTION 7. That all claims approved shall be paid electronically or by checks.
Checks are signed manually or digitally by the Mayor and countersigned by the City Treasurer and Executive Director of Finance. When deemed necessary, Deputy City Treasurers may sign.
SECTION 8. That Resolution No. 2023-159 is hereby rescinded.
SECTION 9. I DO FURTHER CERTIFY that the following are the signatures and titles of the persons authorized and empowered to act on behalf of the City of Ontario, pursuant to the foregoing resolutions, and this resolution is in accordance with and does not conflict with the existing ordinances and/or resolutions. ________________________________ ________________________________ James R. Milhiser, City Treasurer Armen Harkalyan, Deputy City Treasurer _________________________________ ________________________________ Michelle Nguyen, Deputy City Treasurer William Quan, Deputy City Treasurer _________________________________
Claudia Hernandez, Deputy City Treasurer
53 SECTION 10. This Resolution shall take effect immediately upon its 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
54 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)
55 Department: Engineering
Prepared By: Angela Truong
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Raymond Lee, Khoi Do, Bonnie
Tam
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:
A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-027
GENERALLY LOCATED AT THE NORTHWEST CORNER OF EUCLID AVENUE AND
WALNUT STREET
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-027, generally located at the northwest corner of Euclid Avenue and Walnut Street.
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 Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:
There is not a direct fiscal impact associated with this action. All public infrastructure improvements required for this project will be constructed by the Developer at its sole cost.
BACKGROUND & ANALYSIS:
Development Plan No. PDEV22-027, consisting of a mixed-use development with multi-family dwellings and commercial retail space constructed on 10 acres of land, as shown on Exhibit A, has been submitted by the Developer, RAR2 – Legacy Ontario Owner, LLC. This project was approved by the Development Advisory Board on August 7, 2023.
Improvements will include sidewalk, parkway landscaping, sewer, water, storm drain, signage and striping, streetlight, and fiber optic. All landscape improvements will be consistent with current City approved drought measures.
The Developer has entered into an Improvement Agreement with the City for this project and has posted adequate security to ensure construction of the required improvements. This project meets all conditions of the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
56 WALNUT ST.
EUCLID AVENAPPM NO. 4857PARCEL 1LLA23-008
EXHIBIT APDEV22-027
LEGACY PARTNERS909.581.06763257 E Guasti Rd, Suite 300Ontario, California 91761fuscoe.com
FREEWAY
PROJECTLOCATION
57 RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-
027 GENERALLY LOCATED AT THE NORTHWEST CORNER OF
EUCLID AVENUE AND WALNUT STREET
WHEREAS, Development Plan No. PDEV22-027, submitted for approval by RAR2 – Legacy Ontario Owner, LLC, was approved by the Development Advisory Board of the City of Ontario on August 7, 2023; and
WHEREAS, Development Plan No. PDEV22-027, a mixed-use development consisting of multi-family dwellings and commercial retail space constructed on 10 acres of land being Parcel ‘1’ as described in Lot Line Adjustment No. LLA23-008, recorded on September 22, 2023 in the Office of County Recorder of San Bernardino County; and WHEREAS, to meet the requirements established as prerequisite to final approval of Development Plan No. PDEV22-027, RAR2 – Legacy Ontario Owner, LLC, has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:
1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and
2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney.
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
58 ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
59 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)
60 Department: Engineering
Prepared By: Yesenia Lopez
Department:
Prepared By: Yesenia Lopez
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:
A CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. FOR THE ACTIVE TRANSPORTATION PROGRAM CYCLE 5 FOR THE VINE AVENUE AND B
STREET BIKE BOULEVARD PROJECT
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council take the following actions:
A
.
Award a Construction Contract with Onyx Paving Company, Inc. of Anaheim, California, for the Active Transportation Program (ATP) Cycle 5 for the Vine Avenue and B Street Bike Boulevard Project in the amount of $6,963,000 plus a 10% contingency of $696,300 for a total not-to-exceed contract amount of $7,659,300 (on file with the Records Management Department); and
B
.
Authorize the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:
The Fiscal Year 2024-25 Adopted Budget includes appropriations for the construction of the Vine Avenue and B Street Bike Boulevard in the General Fund Grants, Road Maintenance and Rehabilitation Account (RMRA-SB1), Capital Projects, and CalRecycle Rubberized Pavement Grant Program Funds. The proposed Construction Contract with Onyx Paving Company, Inc. is in the amount of $6,963,000 plus a 10% contingency of $696,300 for a total not-to-exceed contract amount of $7,659,300. The City will be reimbursed a portion of the construction costs, up to the grant allocation of $3,879,000, from the State of California. If approved, appropriations for 61 the remainder, up to the authorized contract amount, will be included in future annual budget or quarterly budget updates to the City Council for approval, as needed.
BACKGROUND & ANALYSIS:
The Active Transportation Program (ATP) encourages the increased use of active modes of transportation. The ATP Cycle 5 Project will focus on bikeway improvements that will connect points of interest within the City along B Street, Vine Avenue, Phillips Street and Fern Avenue. The general scope of work to be performed under this construction contract consists of construction of new curb extensions, mini traffic circles, and bikeway enhancements consisting of signing and striping. Additional scope of work includes the construction of curb ramps, curb and gutter, streetlights, landscaping and irrigation, placement of slurry seal and asphalt rubberized hot mix pavement and construction of a storm drain on Laurel Avenue. In September 2024, the City solicited bids and received three (3) bids. The bids are summarized below:
COMPANY
LOCATION
AMOUNT
Onyx Paving Company, Inc.
Anaheim, CA
$6,963,000
Nationwide Contracting
Services, Inc.
Huntington Beach, CA
$7,917,651
Los Angeles Engineering, Inc.
Covina, CA
$8,179,540
Onyx Paving Company, Inc., of Anaheim, California, is the apparent low bidder that met all the required specifications with a base cost of $6,963,000. Staff recommends awarding a construction contract to Onyx Paving Company, Inc.
ENVIRONMENTAL REVIEW: The environmental impacts of this Project were reviewed and Staff determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act, whereas the Project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of lead agency’s determination. 62 SECTION 00500
CONTRACT
THIS CONTRACT is entered as of ____________ , in the County of San Bernardino, State of California, by and between the City of Ontario , hereinafter called City, and Onyx Paving Company, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK . The C ontractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
ATP CYCLE 5 - VINE AVENUE AND B STREET BIKE BOULEVARD PROJECT (ST2302) The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work.
The Work shall be commenced on the date stated in the City’s Notice to Proceed.
The Contractor shall complete all Work required by the Contract Documents within One Hundred Eighty (180) working days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Six Millio n Nine Hundred Sixty -Three Thousand Dollars ($6,963,000.00), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of Six Thousand Seven Hundred Dollars PAUL S. LEON
MAYOR
DEBRA PORADA
MAYOR PRO TEM
ALAN D. WAPNER
JIM W. BOWMAN
RUBEN VALENCIA
COUNCIL MEMBERS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
TREASURER
SCOTT OCHOA
CITY MANAGER
63 ($6,700.00) for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract.
This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.
Should Contractor be inexcusably delayed in the performance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor w ill achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.
Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expens es. Liquidated Damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay.
Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other o ffsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compensation form • Bid Bond
• List of Subcontractors form
• Contractor Information and Experience Form
• Non-Collusion Declaration form
• Public Works Contractor Registration Certification form • Iran Contracting Act Certification form
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals (If Applicable) • General Conditions
• Special Conditions
• Standard Specifications for Public Works Construction (Greenbook), Latest Edition, except Sections 1-9
• Technical Specifications
• Addenda (If Applicable)
• Plans and Drawings
64 • Approved and fully executed Change Orders
• Applicable Local Agency Standards and Specifications, as last revised • Federal Requirements (If Applicable)
• Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. W ork required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the C alifornia Labor Code and Public Contract Code applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City Clerk’s office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
65 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF ONTARIO
By:
Scott Ochoa
City Manager
ATTEST:
By:
Sheila Mautz, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ONYX PAVING COMPANY, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRTERARY OR TREASURER
REQUIRED]
END OF CONTRACT
66 67
Department: Engineering
Prepared By: Nathan Kuan
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Bonnie Tam
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:
A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT FOR THE
TRANSFORMATIVE CLIMATE COMMUNITIES GRANT ACTIVE TRANSPORTATION
PROJECTS A & B
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council take the following actions:
A
.
Award a Construction Contract with All American Asphalt, of Corona, California, for the Transformative Climate Communities (TCC) Grant Active Transportation Projects A & B in the amount of $9,678,888 and authorize a 10% contingency of $967,889 for a total not-to-exceed contract amount of $10,646,777
(on file with the Records Management Department)
; and
B
.
Authorize the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
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)
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:
The Fiscal Year 2024-25 Adopted Budget includes appropriations for the construction of the Transformative Climate Communities (TCC) Grant Active Transportation Projects A & B from the General Fund Grants, Road Maintenance and Rehabilitation Account (RMRA-SB1), Gas Tax, and Measure I Funds. The proposed Construction Contract with All American Asphalt is in the amount of $9,678,888 plus a 10% contingency of $967,889 for a total not-to-exceed contract amount of $10,646,777. The City will be reimbursed a portion of the construction costs, up to the grant allocation of $5,817,735, from the TCC Grant. If approved, appropriations for the remainder, up to the authorized contract amount, will be included in future annual budget or quarterly budget updates to the City Council for approval, as needed.
68 BACKGROUND & ANALYSIS:
The TCC Active Transportation Project A - Mission Boulevard Bike and Pedestrian Improvements Project consists of the construction of five (5) miles of one-way buffered bike lanes and three (3) miles of sidewalks on Mission Boulevard, from Benson Avenue to Euclid Avenue, including curb and gutter, parkway, streetlights and bike detection of signalized intersections. The TCC Active Transportation Project B - Enhanced Pedestrian Crossings Project consists of Pedestrian Hybrid Beacons (PHB) at four intersections on Holt Boulevard at Laurel Avenue, Palm Avenue, Fern Avenue, and Bonita Court. In October 2024, the City solicited bids for the project and four (4) bids were received. The bids are summarized below:
COMPANY
LOCATION
AMOUNT
All American Asphalt
Corona, CA
$9,678,888
Griffith Company
Brea, CA
$10,420,000
C.A. Rasmussen, Inc.
Valencia, CA
$11,154,272
Nationwide Contracting
Services, Inc.
Huntington Beach, CA
$12,750,757
All American Asphalt, of Anaheim, California, is the apparent low bidder that met all the required specifications with a base cost of $9,678,888. Staff recommends awarding a construction contract to All American Asphalt.
ENVIRONMENTAL REVIEW:
The environmental impacts of the Mission Boulevard Bike and Pedestrian Improvements Project were previously reviewed in conjunction with File No. PADV18- 004 for which an Addendum to The Ontario Plan Environmental Impact Report (SCH#200810114) was approved on July 2, 2018, by the Development Advisory Board, finding that the project would not result in significant effects on the environment beyond what was identified in The Ontario Plan Environmental Impact Report, and that subsequent or supplemental environmental review were not required.
The environmental impacts of the Enhanced Pedestrian Crossings Project were previously reviewed in conjunction with the Ontario Connects - People Places Prosperity Transformative Climate Communities Project and was determined to be categorically exempt pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines for which a Notice of Determination was filed on November 9, 2017.
69 70
Department: Utilities
Prepared By: Courtney Jones
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:
INLAND EMPIRE UTILITIES AGENCY REGIONAL WATER USE EFFICIENCY FLEX /
CORE PROGRAM FUNDING
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
program documents related to the
Inland Empire Utilities Agency (IEUA) Water Use Efficiency (WUE) Flex
and Core
funds
from FY 2024-25 thru FY 2028-29 and accept an
aggregate
total of up to
$
1,
500
,000
.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Pursue City's Goals and Objectives by Working with Other Governmental Agencies Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:
The Regional WUE Program is funded through IEUA’s Meter Equivalent Unit (MEU) and
w
ater
c
onnection
f
ee
s
, imposed by IEUA on
l
ocal
a
gencies
and their customers
.
Each F
iscal
Y
ear
,
IEUA
will
allocate on behalf of Ontario
roughly $
300,000
for
water efficiency programs.
P
rogram
ming is
primarily
administ
ered
by IEUA
with input by
OMUC
as to
which program
s
to
allocate
Ontario’s
share
of funding
.
In some cases
,
the City
may be the rec
i
pient for
program
funding from IEUA that the City
directly administers
.
Associated revenues and appropriations will be included in subsequent
quarterly budget update
reports to the City Council.
There is no impact to the General Fund.
BACKGROUND & ANALYSIS:
IEUA's Regional WUE Program assists in pursing cost-effective water saving programs. IEUA emphasizes the advantages of its unified and coordinated approach which can help member agencies such as Ontario in meeting their water supply and demand management objectives. The programs that are offered include: landscape evaluation and audit programs, landscape retrofit programs, landscape irrigation tune-ups, controller retrofits/upgrades, 71 and various types of rebate programs.
In 2022, the WUE Program was restructured into a hybrid model where funds are allocated 50% to Core Programs and 50% to Flex Programs. The Core Programs are offered to customers in all IEUA Member Agencies. The Flex Programs enable the Member Agencies to select from programs offered by IEUA and provide direction to allocate funding among these programs.
On July 3, 2024, the State Water Resources Control Board adopted the Making Conservation a California Way of Life regulation, which implements Assembly Bill 1668 and Senate Bill 606, signed into law in 2018. These laws establish a framework to promote long-term water use efficiency in response to the challenges posed by climate change, including more frequent and intense droughts in California. The regulation requires urban retail water suppliers to meet specific urban water use objectives, including performance measures for commercial, industrial, and institutional sectors.
Funding from the WUE Program could be used to support the City in meeting these state-mandated water use targets.
In FY
2024-25
the
WUE Flex Program
allocate
d
$151,954
and
the WUE Core Program
allocate
d
$
112,066 for a total of $264,020. Prior
WUE
allocations
in the amount of
$75,353
will be carried
over
for a total allocation of $339,373
.
72 Department: Planning
Prepared By: Thomas Grahn
Department:
Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Reviewed By: Kimberly Ruddins, Henry
Noh, Rudy Zeledon
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:
A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA24-003) REVISING AND
CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE
CITY OF ONTARIO
Agenda Report
December
3, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council consider and adopt an Ordinance Approving File No.
PDCA24-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:
There is not a direct fiscal impact associated with this action.
BACKGROUND & ANALYSIS:
On November 19, 2024, the City Council introduced and waived further reading of an Ordinance approving the Development Code Amendment. The Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which states long-term principles, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens. Staff has initiated certain clarifications and revisions to the City of Ontario Development Code, that are necessary to adjust and clarify various provisions of the Development Code. The proposed Development Code Amendment, is included as Attachment A (Proposed Development Code Amendment), and is comprised of certain clarifications and revisions to the City of Ontario Development Code, generally described as follows:
73 1. Revise requirements for Lot Mergers from "Discretionary Permits and Actions" to "Ministerial Permits and Decisions" to include the following:
a. Revise Section 2.02.005 Applicability, Table 2.02-1: Review Table to delete (B)(14)(a) and add (C)(15)(i). This changes the approval process from Discretionary Review with Design Advisory Board (DAB) recommended, Planning Commission (PC) Approving Authority, and City Council (CC) Appeal Authority to Ministerial Permits and Decisions with City Engineer as the Approving Authority, and PC and CC as the Appeal Authority.
b. Revise Division 4.02-Discretionary Permits and Actions to delete Section 4.02.085:
Subdivisions-Lot Merger (Merger of Contiguous Parcels) and revise Division 4.03-Ministerial (Administrative) Permits and Decisions to add Section 4.03.050: Subdivisions-Lot Merger (Merger of Contiguous Parcels).
2. Revise Division 4.01-Legislative Actions, Section 4.01.025 Amendments to the Policy Plan Component of The Ontario Plan, 3. Land Use Amendment Findings to correct references to the Regional Housing Needs Assessment (RHNA) and Housing Element Sites Inventory.
3. Revise Division 4.02, Section 4.02.025 Development Plans (B)(2)(k) to add "Commercial developments and [t]he development of a permanent building within the CIV, …" so that the text is consistent with Table 2.02-1: Review Matrix, B. Discretionary Permits and Actions, (4)(b).
4. Revise Division 5.01-Zoning Districts and Boundaries, Section 5.01.005, D. Industrial Zoning Districts, 3. IL (Light Industrial) Zoning District to correct mid paragraph punctuation error separating incomplete sentences.
5. Revise Table 5.02-1: Land Use Matrix to include the following:
a. Revise permitted uses under TRANSPORTATION AND WAREHOUSING, Warehousing and Storage, Outside Materials and Equipment Storage [1] In conjunction with an allowed use to delete outside storage as a permitted use in the IP zoning district. b. Amend permitted uses under OTHER SERVICES (EXCEPT PUBLIC ADMINISTRATION, Repair and Maintenance, Motor Vehicle Repair and Maintenance, All Other Automotive Repair and Maintenance to add Hydrogen Fueling Stations as a permitted land use in Commercial and Industrial zoning districts.
6. Revise Division 5.03-Supplemental Land Use Regulations to include the following:
a. Revise Section 5.03.010: Accessory Dwelling Units to delete Section 8 relating to Deed Restrictions.
b. Revise Section 5.03.150: Drive-Thru Facilities, B. Development Standards, 5. Building Orientation to identify that "Buildings incorporating drive-thru facilities shall be oriented toward the street, as demonstrated in Figure 5.03-1 (Street-Oriented Example Site Plan)." c. Amend Section 5.03.240: Home Occupations to regulate use of an accessory residential structure and compliance with the California Department of Public Health Approved Cottage Foods list.
d. Revise Section 5.03.270: Massage Establishments and Services to include additional requirements for B. Massage Establishment Requirements, D. Outcall Massages, and F. Rights of Authorized Representatives to Enter a Massage Establishment. 74 e. Add adopted text for Section 5.03.363: Short Term Rentals.
7. Revise Division 6.0-District Standards and Guidelines, Section 6.01.010: Residential Zoning Districts, I. Residential Design Guidelines (1) to reference the adopted Residential Design Guidelines "included as Reference "D" of this Development Code," Section 6.01.015: Commercial Zoning Districts, F. Commercial Design Guidelines (1) to reference the adopted Commercial Design Guidelines "included as Reference "E" of this Development Code" and Section 6.01.025: Industrial Zoning Districts, F. Industrial Design Guidelines (1) to reference the adopted Industrial Design Guidelines "included as Reference "F" of this Development Code."
8. Revise Chapter 6.0. Development and Subdivision Regulations to delete various references to "public art works installed pursuant to Division 6.07 (Public Art)," a section which was previously deleted from the Development Code.
9. Amend Division 6.01-District Standards and Guidelines, Section 6.01.010: Residential Zoning Districts, F. General Provisions to add 16. Equipment Screening applicable to residential structure.
10. Revise Division 6.01-District Standards and Guidelines, Section 6.01.035: Overlay Zoning Districts, C. Overlay Zoning District Standards, 6. AH (Affordable Housing) Overlay Zoning District (b), Correcting the referenced mixed-use district as MU-8C.
11. Amend Chapter 8.0: Sign Regulations, Division 8.01-Sign Regulations, Section 8.01.020: Sign Standards, C. Freestanding Signs, 2.0 Freeway Signs to establish criteria for City Manager review and approval of an electronic display sign.
12. Revise Chapter 9.0: Definitions and Glossary to include the following:
a. Revise Division 9.01-Definitions to correct the Section reference for Accessory Dwelling Units. b. Amend Chapter 9.
0: Definitions and Glossary, Division 9.01-Definitions to establish a Day Spa definition.
The proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended ordinance. Any provisions proposed for deletion are shown in red strikeout text (
Abcdefg
) and all additions are shown in blue underlined text
(
Abcdefg
).
ENVIRONMENTAL REVIEW:
The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
PLANNING COMMISSION REVIEW:
On September 24, 2024, the Planning Commission conducted a public hearing and voted 6-0 to recommend the City Council consider and approve File No. PDCA24-003, pursuant to the facts and reasons contained in the staff report and attached ordinance. 75 ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA24-003, A DEVELOPMENT
CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND
PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 (DEFINITIONS
AND GLOSSARY) OF THE CITY OF ONTARIO DEVELOPMENT CODE,
AND MAKING FINDINGS IN SUPPORT THEREOF.
WHEREAS, THE CITY OF ONTARIO ("Applicant") has initiated an Application for the approval of a Development Code Amendment, File No. PDCA24-003, as described title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and
WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:
(1) Revise requirements for Lot Mergers from "Discretionary Permits and Actions" to "Ministerial Permits and Decisions" to include the following:
(a) Revise Section 2.02.005 Applicability, Table 2.02-1: Review Table to delete (B)(14)(a) and add (C)(15)(i). This changes the approval process from Discretionary Review with Development Advisory Board (DAB) recommended, Planning Commission (PC) Approving Authority, and City Council (CC) Appeal Authority to Ministerial Permits and Decisions with City Engineer as the Approving Authority, and PC and CC as the Appeal Authority.
(b) Revise Division 4.02-Discretionary Permits and Actions to delete Section 4.02.085: Subdivisions-Lot Merger (Merger of Contiguous Parcels) and revise Division 4.03-Ministerial (Administrative) Permits 76 and Decisions to add Section 4.03.050: Subdivisions-Lot Merger (Merger of Contiguous Parcels).
(2) Revise Division 4.01-Legislative Actions, Section 4.01.025 Amendments to the Policy Plan Component of The Ontario Plan, 3. Land Use Amendment Findings to correct references to the Regional Housing Needs Assessment (RHNA) and Housing Element Sites Inventory.
(3) Revise Division 4.02, Section 4.02.025 Development Plans (B)(2)(k) to add "Commercial developments and [t]he development of a permanent building within the CIV, …" so that the text is consistent with Table 2.02-1: Review Matrix, B. Discretionary Permits and Actions, (4)(b).
(4) Revise Division 5.01-Zoning Districts and Boundaries, Section 5.01.005, D.
Industrial Zoning Districts, 3. IL (Light Industrial) Zoning District to correct mid paragraph punctuation error separating incomplete sentences. (5) Revise Table 5.02-1: Land Use Matrix to include the following:
(a) Revise permitted uses under TRANSPORTATION AND
WAREHOUSING, Warehousing and Storage, Outside Materials and Equipment Storage [1] In conjunction with an allowed use to delete outside storage as a permitted use in the IP zoning district. (b) Amend permitted uses under OTHER SERVICES (EXCEPT PUBLIC ADMINISTRATION, Repair and Maintenance, Motor Vehicle Repair and Maintenance, All Other Automative Repair and Maintenance to add Hydrogen Fueling Stations as a permitted land use in Commercial and Industrial zoning districts.
(6) Revise Division 5.03-Supplemental Land Use Regulations to include the following:
(a) Revise Section 5.03.010: Accessory Dwelling Units to delete Section 8 relating to Deed Restrictions.
(b) Revise Section 5.03.150: Drive-Thru Facilities, B. Development Standards, 5. Building Orientation to identify that "Buildings incorporating drive-thru facilities shall be oriented toward the street, as demonstrated in Figure 5.03-1 (Street-Oriented Example Site Plan)."
(c) Amend Section 5.03.240: Home Occupations to regulate use of an accessory residential structure and compliance with the California Department of Public Health Approved Cottage Foods list. (d) Revise Section 5.03.270: Massage Establishments and Services to include additional requirements for B. Massage Establishment 77 Requirements, D. Outcall Massages, and F. Rights of Authorized Representatives to Enter a Massage Establishment.
(e) Add adopted text for Section 5.03.363: Short Term Rentals. (7) Revise Division 6.0-District Standards and Guidelines, Section 6.01.010:
Residential Zoning Districts, I. Residential Design Guidelines (1) to reference the adopted Residential Design Guidelines "included as Reference "D" of this Development Code," Section 6.01.015: Commercial Zoning Districts, F. Commercial Design Guidelines (1) to reference the adopted Commercial Design Guidelines "included as Reference "E" of this Development Code" and Section 6.01.025: Industrial Zoning Districts, F.
Industrial Design Guidelines (1) to reference the adopted Industrial Design Guidelines "included as Reference "F" of this Development Code." (8) Revise Chapter 6.0. Development and Subdivision Regulations to delete various references to "public art works installed pursuant to Division 6.07 (Public Art)," a section which was previously deleted from the Development Code.
(9) Amend Division 6.01-District Standards and Guidelines, Section 6.01.010:
Residential Zoning Districts, F. General Provisions to add 16. Equipment Screening applicable to residential structure.
(10) Revise Division 6.01-District Standards and Guidelines, Section 6.01.035:
Overlay Zoning Districts, C. Overlay Zoning District Standards, 6. AH (Affordable Housing) Overlay Zoning District (b), Correcting the referenced mixed use district as MU-8C.
(11) Amend Chapter 8.0: Sign Regulations, Division 8.01-Sign Regulations, Section 8.01.020: Sign Standards, C. Freestanding Signs, 2.0 Freeway Signs to establish criteria for City Manager review and approval of an electronic display sign.
(12) Revise Chapter 9.0: Definitions and Glossary to include the following:
(a) Revise Division 9.01-Definitions to correct the Section reference for Accessory Dwelling Units.
(b) Amend Chapter 9.0: Definitions and Glossary, Division 9.01- Definitions to establish a Day Spa definition.
WHEREAS, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02-1 (Review Matrix) assigns the City Council the responsibility and authority to review act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and 78 WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on September 24, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC24-049, recommending the City Council approve the Development Code Amendment; and WHEREAS, on November 19, 2024, the City Council of the City of Ontario conducted a public hearing on the Development Code Amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:
SECTION 1. Environmental Determination and Findings. As the decision- making body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(2) The Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the" common sense exemption" (also known as the "general rule exemption") that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
(3) The determination that the Development Code Amendment is not subject to CEQA reflects the independent judgment of the City Council.
SECTION 2. Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Development Code Amendment, the City Council finds that based on the facts and information contained in the Application and supporting 79 documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.
SECTION 3. Airport Land Use Compatibility Plan ("ALUCP") Compliance.
The California State Aeronautics Act (Public Utilities Code Section 21670, et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport ("CNO") Overlay Zoning District ("OZD") and Reference I, Chino Airport Land Use Compatibility Plan ("CNO ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decision- making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.
80 SECTION 4. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan ("TOP"). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP's Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City's economy and focuses City resources in commercial and residential neighborhoods.
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.
SECTION 5. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described changes that comprise the Development Code Amendment, and which are attached hereto as "Attachment A," and incorporated herein by this reference.
SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the 81 fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 8. Effective Date. This Ordinance shall become effective 30 days following its adoption.
SECTION 9. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 3rd day of December, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
82 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)
83 ATTACHMENT A:
File No. PDCA24-003
2024 Development Code Amendment No. 1
(Document to follow this page)
84 Chapter 2.0:
Administration and Procedures
Division 2.01—Planning Agency
Division 2.02—Application Filing and Processing
Division 2.03—Public Hearings
Division 2.04—Appeals
Division 2.05—City Initiated Modification or Revocation Division 2.06—Performance Guarantees
85 This page intentionally left blank
86 Ontario Development CodePage 2.01-1(Rev. 12.01.2020) Division 2.01—Planning Agency
Sections:
2.01.000: Purpose
2.01.005: Applicability
2.01.010: City Council
2.01.015: Planning Commission
2.01.020: Historic Preservation Commission
2.01.025: Historic Preservation Subcommittee
2.01.030: Development Advisory Board
2.01.035: Zoning Administrator
2.01.000: Purpose
GC Section 65100 provides that each city and county establish a planning agency with the powers necessary to carry out the planning and zoning functions of the jurisdiction. The purpose of this Division is to identify and establish bodies, commissions, committees, positions, boards, and departments responsible for carrying out the powers and duties of the planning agency.
2.01.005: Applicability
The functions of the planning agency are hereby assigned to the following bodies, commissions, committees, positions, boards, and departments:
A.City Council;
B.Planning Commission;
C.Historic Preservation Commission;
D.Historic Preservation Subcommittee;
E.Development Advisory Board;
F.Zoning Administrator;
G.Planning Department.
2.01.010: City Council
A. Established. The City Council's establishment, membership, and operation are recognized by OMC Title 2 (Administration), Chapter 1 (City Council), commencing with Article 1, Section 2-
1.101.
B. Powers and Duties. The City Council shall have the authority to hear and decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code and shall 87 Division 2.01—Planning Agency
(Rev. 12.01.2020)Page 2.01-2Ontario Development Code
have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions.
2.01.015: Planning Commission
A. Established. The Planning Commission's establishment, membership and operation are recognized by OMC Title 2 (Administration), Chapter 2 (Commissions and Boards), Article 3 (Planning Commission), commencing with OMC Section 2-2.301.
B. Powers and Duties. The Planning Commission shall have the authority to hear, recommend, and decide on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code. In addition, the Planning Commission shall have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning zoning, land use or development, made by an administrative or appointed official or body, such as the Planning Director, Zoning Administrator, or Development Advisory Board, pursuant to the provisions of this Development Code.
C. Meetings. The Planning Commission shall adopt rules as necessary to the conduct of its affairs and in keeping with the provisions of this Development Code. Meetings shall be held on a regular basis and open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, and shall keep records of its own examinations and other official actions, which shall be filed with the Planning Department.
2.01.020: Historic Preservation Commission
A. Established. Pursuant to the authority granted to municipalities by State Planning and Zoning Law, as established by GC Title 1, Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Commission.
B. Membership. The Historic Preservation Commission shall consist of the 7 standing members of the Planning Commission.
C. Powers and Duties. The Historic Preservation Commission shall have the following powers and duties:
1.Establish criteria for and conduct or cause to be conducted a comprehensive survey in conformance with state survey standards and guidelines of Historical Resources within the boundaries of the City, and publicize and periodically update the survey results;
2.The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;
3.Authority to act upon an appeal of any order, requirement, permit, decisions, or determination concerning Historic Resources under this Development Code, made by the Historic Preservation Subcommittee;
88 Division 2.01—Planning Agency
Ontario Development CodePage 2.01-3(Rev. 12.01.2020)
4.Maintain a local register of Designated Historic Landmarks and Districts consistent with the National Register of Historic Places criteria, including all information required for each designation; and
5.Undertake any other action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Historic Preservation program.
D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Commission's jurisdiction and setting timeframes for such meetings.
2.01.025: Historic Preservation Subcommittee
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Subcommittee.
B. Membership. The Historic Preservation Subcommittee shall consist of 3 members of the Historic Preservation Commission, to be appointed pursuant to the Historic Preservation Commission rules and procedures.
C. Powers and Duties. The Historic Preservation Subcommittee shall have the following powers and duties:
1.The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;
2.The authority to review historic preservation work program, assist staff in any survey or historic research being conducted, and review of the City's list of Historical Resources; and
3.The authority to act upon appeals of administrative permits, decisions and actions concerning Historical Resources under this Development Code, made by any City Department.
D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Subcommittee's jurisdiction and setting timeframes for such meetings.
2.01.030: Development Advisory Board
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, a Development Advisory Board.
B. Membership. The Development Advisory Board shall include those representatives of certain City departments and/or agencies as established by resolution of the City Council.
C. Powers and Duties. The Development Advisory Board shall have the authority to hear, recommend and decide on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code.
89 Division 2.01—Planning Agency
(Rev. 12.01.2020)Page 2.01-4Ontario Development Code
D. Meetings. The Development Advisory Board shall adopt rules and regulations to govern the procedures at meetings within the Board's jurisdiction and to set a time for such meetings.
2.01.035: Zoning Administrator
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City, the position of Zoning Administrator.
B. Membership. The Zoning Administrator position shall be filled by the Planning Director or the Zoning Administrator's designee, who shall fill the position of Deputy Zoning Administrator.
C. Powers and Duties. The Zoning Administrator shall have the power and duty to review and make decisions on those application types identified in Table 2.02-1 (Review Matrix) of this Development Code.
D. Meetings. The Zoning Administrator shall adopt rules and procedures governing meeting business, conduct, and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.
90 Ontario Development CodePage 2.02-1(Rev. 01.16.202412.03.2024) Division 2.02—Application Filing and Processing
Sections:
2.02.000: Purpose
2.02.005: Applicability
2.02.010: Applications and Fees
2.02.015: Application Processing Procedures
2.02.020: Environmental Review
2.02.025: Time Limits and Extensions
2.02.030: Failure by Applicant to Complete Application Processing
2.02.035: Limitations on Application Refiling
2.02.040: Indemnification
2.02.000: Purpose
The purpose of this Division is to establish procedures and requirements for the preparation, filing and processing of applications for permits, amendments, and approvals stipulated by this Development Code.
2.02.005: Applicability
Table 2.02-1 (Review Matrix), below, establishes the recommending, approving, and appeal authorities for all permits, amendments, and approvals stipulated by this Development Code. The symbols used within the Table have the following meanings:
R = Advisory (Recommending) Authority
X = Approving Authority
A = Appeal Authority
Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
A. LEGISLATIVE ACTIONS
1.Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
R X
2.Development Agreements [1] (Ref: ODC
Section 4.01.015)
R X
91 Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024)Page 2.02-2Ontario Development Code Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
3.Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
R X
4.Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:
ODC Section 4.01.025)
R X
5.Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
R X
6.Specific Plans and Amendments [1][12]
(Ref: ODC Section 4.01.035)
R X
7.Williamson Act Contract Cancellations [1]
(Ref: GC Section 51200 et.seq.)
R X
8.Zone Changes [1] (Ref: ODC Section
4.01.040)
R X
B. DISCRETIONARY PERMITS AND ACTIONS
1.Billboard Relocation Agreements [1] (Ref:
ODC Section 4.02.010)
R X
2.Conditional Use Permits (Ref: ODC
Section 4.02.015)
a.Hotels, Motels and Residence Inns [1] R X
b.Use established in conjunction with a
Development Plan [1]
R X A
c.Use established within an existing
structure [1]
X A A
d.Modification or revocation per ODC
Division 2.05 (City Initiated Modification or
Revocation) [1]
X A
e.Revocation due to abandonment of
use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]
X A A
3.Density Bonus and Other Incentives per
ODC Section 6.01.010.G (Density Bonus and Other
Incentives) [1]
R X
4.Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)
a.Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
R X A
92 Division 2.02—Application Filing and Processing
Ontario Development CodePage 2.02-3(Rev. 01.16.202412.03.2024) Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
b.Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X A A
c.Industrial developments equal to or
less than 0.45 FAR
X A A
d.Industrial developments exceeding
0.45 FAR
R X A
e.Wireless telecommunications
facilities pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this
Development Code
(1)Tier 2 facilities X A A
(2)Tier 3 facilities [2] X A A
f.All others X A A
5.Extensions of Legal Nonconforming Status
[1] (Ref: ODC Section 4.02.030)
X A A
6.Historic Preservation
a.Certificates of Appropriateness (Ref:
ODC Section 4.02.050)
(1)Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
R X A
(2)Deferral of Replacement
Structure [1]
R X A
(3)Eligible Historic Resources [1] X A A
(4)Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
R X A
(5)Waivers for Minor Improvements X A[6] A[6]
b.Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055) [1]
R X A
c.Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
R X A
d.Conservation Plans (Ref: ODC
Section 4.02.060)
X A A
93 Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024)Page 2.02-4Ontario Development Code Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e.Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X A A
f.Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:
ODC Section 4.02.045)
R R X
g.Mills Act Contracts (Ref: ODC
Section 4.02.065)
R R X
h.Mills Act Cancellations [1] (Ref: ODC
Section 4.02.065)
R R X
i.Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section
4.02.045)
(1)At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.
X A A
(2)Loss of all historic and/or cultural
significance due to a catastrophe causing a loss
of integrity, or due to extensive legally performed
alterations performed after the property was
initially surveyed.
X A A
7.Master Plans and Amendments [1] (Ref:
ODC Section 4.02.070)
R X
8.Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)
X A A
9.Nonconforming Structure Reconstruction
[1] (Ref: ODC Section 3.01.020)
X A
10.Parking Reduction (Ref: ODC Section
6.03.025)
X A
11.Sign Programs (Ref: ODC Section
4.02.075)
X A A
12.Specific Plan Minor
Adjustments/Alterations [12] (Ref: ODC Section
4.02.080)
X A A
13.Stays of Permit Approval Time Limit (Ref:
ODC Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]
14.Subdivisions
94 Division 2.02—Application Filing and Processing
Ontario Development CodePage 2.02-5(Rev. 01.16.202412.03.2024) Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
a.Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
R X A
b.a.Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
c.b.Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
d.c.Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A
15.Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X A A
16.Variances (Ref: ODC Section 4.02.020.D)
a.Homeowner [1] X A A
b.Other [1] R X A
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND
DECISIONS
1.Historic Preservation – Adaptive Reuse
Plans (Ref: ODC Section 4.03.010)
X X X
2.Administrative Exceptions (Ref: ODC
Section 4.03.050)
X A A
3.Administrative Use Permits (Ref: ODC
Section 4.03.015)
X
4.Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 (Zoning
Compliance)
X A A
5.Development Plans within the ONT zoning
district (Ref: ODC Section 4.02.025)
X A A
6.Fair Housing and Reasonable
Accommodation Ref: ODC Section 4.02.035)
X A A
7.Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X A A
8.Landscape and Irrigation Plans (Ref.
ODC Section 6.05.005)
X A A
9.Off-Site (Public) Improvement Plans (Ref:
ODC Section 6.08.040)
X A A
10.ONT ALUCP Interagency Review [7] (Ref:
ONT ALUCP)
X A[8]
95 Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024)Page 2.02-6Ontario Development Code Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
11.Other Plan Checks and actions required
by this Development Code
X A A
12.Shopping Cart Retention Plans (Ref: ODC
Section 6.11.020)
X A A
13.Sign Plans (Ref: ODC Section 4.03.020) X A A
14.Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X A A
15.Subdivisions
a.Certificates of Compliance (Ref:
ODC Section 4.03.025)
X A A
b.Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c.Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X A A
d.Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X A A
e.Street Address Numbering (Ref. ODC
Section 6.06.010)
X A A
f.Street Name Assignment (Ref. ODC
Section 6.06.010)
X A A
g.Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X A A
h.Urban Lot Split (Ref: ODC Section
6.08.060
X A A
i.(Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X A A
16.Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.420 (Wireless
Telecommunications Facilities)
X A A
17.Wall, Fence, and Obstructions Plans not
associated with a Development Plan (Ref. ODC
Section 6.02.005)
X A A
D. ENVIRONMENTAL DETERMINATIONS AND
ACTIONS
1.Environmental Impact Reports (EIRs) (Ref:
CCR Section 15080, et seq.)
X[3] X[3]
2.Exempt Projects (Ref: CCR Section 15300,
et seq.)
X[3] X[3] X[3] X[3] X[3] A A
96 Division 2.02—Application Filing and Processing
Ontario Development CodePage 2.02-7(Rev. 01.16.202412.03.2024) Table 2.02-1: Review Matrix
Reviewing Authorities [4]
Applications, Actions, Decisions
and Processes
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
3.Ministerial Projects (Ref: CCR Section
15268)
Ministerial projects are exempt from the requirements of CEQA [10]
4.Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:
CCR Section 15070, et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]
5.Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X[3] X[3] X[3] X[3] X[3] X[3]
6.Environmental review for projects
located within the ONT zoning district [9]
X
Notes:
[1] A public hearing is required pursuant to the procedures set forth in Division 2.03 (Public Hearings) of this Development Code; however, public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [2] The Approving Authority may refer any application subject to their review to the next higher authority (Appeal Authority).
[3] The Approving Authority for environmental determinations/actions shall be the same as the related legislative or discretionary actions. NDs and MNDs, and Addendums to previously certified EIRs, and previously adopted NDs or MNDs, which are not associated with, or are independent of, legislative or discretionary actions, shall be subject to Development Advisory Board review and adoption. EIRs that are not associated with, or are independent of, legislative or discretionary actions shall be subject to Planning Commission review and certification. [4] An application submitted for concurrent review and action with another application, action or decision requiring review and action by a higher Reviewing Authority may be subject to concurrent review and action by that higher Reviewing Authority upon their request.
[5] The Approving Authority responsible for issuing a "Stay of Permit Approval Time Limit" pursuant to Section 2.02.025 (Projects Involving Pending Litigation) of the Development Code, shall be the same as for the related application, action, or decision.
[6] An appeal of an Historic Preservation—Certificate of Appropriateness—Waiver shall be considered by the Historic Preservation Subcommittee, except that an Historic Preservation—Waiver for an Historic Landmark shall be considered by the Historic Preservation Commission.
[7] Refer to the ONT ALUCP for procedures for application processing and administration, and appeals processing. [8] Appeal shall be subject to review by the Mediation Board established pursuant to ALUCP Section 4. [9] Pursuant to the Joint Powers Authority agreement between the City of Ontario and the County of San Bernardino, the Ontario International Airport Authority shall be the lead agency. [10] Ministerial projects are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the CEQA Guidelines. The following projects or actions shall be deemed ministerial:
▪Administrative Exceptions;
▪Administrative Use Permit issuance;
▪ALUCP inter agency reviews;
▪Building permit issuance;
▪Business license issuance;
▪Encroachment permit issuance;
97 Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024)Page 2.02-8Ontario Development Code ▪Final subdivision map approval;
▪Individual utility service connection and disconnection approval; ▪Landscape and irrigation plan approval;
▪Lot Line Adjustment approval;
▪Public improvement plan approval;
▪Shopping cart retention plan approval;
▪Sign Plan approval;
▪Single-Family Two-Unit Developments;
▪Street address number issuance;
▪Subdivision Improvement Agreement approval;
▪Subdivision map corrections and amendments approval;
▪Temporary Use Permit issuance;
▪Tier 1 wireless telecommunications facility approval;
▪Urban Lot Splits; and
▪Wall and/or fence plan approval.
[11] Applications that do not require a public Hearing pursuant to Note 1, above, may be reviewed and acted upon under the "Consent Calendar" portion of the Approving Authority meeting agenda. [12] Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions).
2.02.010: Applications and Fees
A. Application filing.
1.An application for a permit, permit modification, amendment, or any other matters pertaining to this Development Code shall be filed with the City, on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the application.
2.An application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code, or their agent(s).
3.A project requiring the filing of more than one land use or entitlement permit application shall, to the extent possible, be filed with all related applications for concurrent review and action by the highest required Reviewing Authority, except that an Administrative Exception application filed in conjunction with a Development Plan shall require separate review and action by the appropriate Reviewing Authority.
B. Filing Fees.
1.The City Council may establish by resolution, a schedule of fees for permits, amendments, inspections, licenses, services, and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the City Council.
2.Application review and action shall not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits shall be deemed incomplete for filing and further processing and shall be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully cover all City processing costs.
98 Division 2.02—Application Filing and Processing
Ontario Development CodePage 2.02-9(Rev. 01.16.202412.03.2024) C. Refunds and Withdrawals.
1.The refund of filing fees in response to the denial of an application shall be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications.
2.An applicant wishing to withdraw their application may do so by written request to the Planning Director at any time prior to action by the Approving Authority.
3.Upon receipt of a request for application withdrawal, the Planning Director may order the refund of all or part of the filing fees, based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.
2.02.015: Application Processing Procedures
This section is intended to provide general procedures for the processing of applications for legislative actions, discretionary permits and actions, and ministerial permits and decisions filed pursuant Table 2.02-1 (Review Matrix) of this Division.
A. Legislative Actions. The Advisory and Approving Authorities for legislative actions are established by Table 2.02-1 (Review Matrix) of this Division. Unless otherwise stipulated by Division
4.01 (Legislative Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a legislative action is as follows:
1.Initial Review for Application Completeness. Legislative actions shall be initially reviewed for application completeness and acceptance, as follows:
a.Review for Application Completeness.
(1)Following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. (2)If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the City in response to the list and description, which shall be reviewed pursuant to Subparagraph A.1.a(1), above.
(3)If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4)Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs A.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b.Application Acceptance.
99 Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024)Page 2.02-10Ontario Development Code (1)Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the Planning Department may require in order to take final action on the application.
(2)Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph A.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3)The provisions of this Section shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2.Investigation and Report.
a.Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shall prepare a written report, which shall be transmitted to the appropriate Reviewing Authority. b.The Planning Department's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority. c.During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.
3.Public Hearings.
a.The Advisory and Approving Authorities established by Table 2.02-1 (Review Matrix), shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code. b.The Planning Department's written report, prepared pursuant to Subparagraphs A.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.
4.Advisory Authority Review and Recommendation. The procedure for review and recommendation on a legislative action by an Advisory Authority is as follows:
a.The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.
b.The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered. 100
Division 2.02—Application Filing and Processing
Ontario Development CodePage 2.02-11(Rev. 01.16.202412.03.2024)
5.Approving Authority Review and Action. The procedure for review and action on a legislative action by the Approving Authority is as follows:
a.Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application. b.The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.01 (Legislative Actions) of this Development Code. There shall be no time limit within which the Approving Authority must act on a legislative action.
c.The Approving Authority's action shall be final and conclusive.
6.Effective Date of Approving Authority Action. A legislative approval granted by resolution is effective immediately upon adoption of the numbered resolution by the City Council.
A legislative approval granted by ordinance is effective 30 days following the date of adoption of the ordinance by the Approving Authority.
B. Discretionary Permits and Actions. The Advisory, Approving, and Appeal Authorities for discretionary permits and actions are established by Table 2.02-1 (Review Matrix) of this Division.
Unless otherwise stipulated by Division 4.02 (Discretionary Permits and Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a discretionary permit or action is as follows:
1.Initial Review for Application Completeness. Applications requesting discretionary permits and/or actions shall be initially reviewed for application completeness and acceptance, as follows:
a.Review for Application Completeness.
(1)Within 30 days following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.
(2)If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the Planning Department in response to the list and description, which shall be reviewed pursuant to Subparagraph B.1.a(1), above.
(3)If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
101
Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024)Page 2.02-12Ontario Development Code (4)Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs B.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b.Application Acceptance.
(1)Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the City may require in order to facilitate final action on the application.
(2)Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph B.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3)The provisions of this Subsection shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2.Investigation and Report.
a.Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shall prepare a written report, which shall be transmitted to the appropriate Reviewing Authority. b.The Planning Department's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority. c.During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.
3.Public Hearings.
a.The Advisory, Approving and Appeal Authorities established by Table 2.02- 1 (Review Matrix), and which require a public hearing pursuant to the Review Matrix, shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code. b.The Planning Department's written report, prepared pursuant to Subparagraphs B.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.
4.Advisory Authority Review and Recommendation. If required pursuant to Table
2.02-1 (Review Matrix), the procedure for review and recommendation on a discretionary permit or action by an Advisory Authority is as follows:
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Ontario Development CodePage 2.02-13(Rev. 01.16.202412.03.2024) a.The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.
b.The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered. c.In instances where review and recommendation by more than one Advisory Authority is required, the initial Advisory Authority shall forward its recommendation whether to approve, approve in modified form, or deny an application to the subsequent Advisory Authority within 30 days following the date its decision was rendered. The 30-day time limit may be extended by mutual agreement of the applicant and City.
5.Approving Authority Review and Action. The procedure for review and action on a discretionary permit or action by an Approving Authority is as follows:
a.Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application, and may impose reasonable conditions to the approval of an application. b.The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.02 (Discretionary Permits and Actions) of this Development Code. A discretionary permit or action shall be acted upon within the timeframes specified by GC Section 65950, 65950.1, 65951, and 65952, except that Tentative Subdivision Maps shall be acted upon within the timeframes specified by GC Section 66452.1.
c.The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
6.Effective Date of Approving Authority Action. A discretionary permit or action shall become effective on the City business day following Approving Authority action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action; in which case, the effective date of the discretionary permit or action shall be governed by Paragraph A.6 (Effective Date of Approving Authority Action) of this Section. The Approving Authority's action to approve, approve in modified form, or deny a discretionary permit or action shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.
C. Ministerial Permits and Decisions. The Advisory, Approving and Appeal Authorities for ministerial permits and decisions are established by Table 2.02-1 (Review Matrix) of this Division.
Unless otherwise stipulated by Division 4.03 (Ministerial Permits and Decisions) of this Development Code, the procedure for reviewing and acting upon an application requiring a ministerial permit or decision is as follows:
1.Initial Review for Application Completeness. Applications requesting ministerial permits and/or decisions shall be initially reviewed for completeness and acceptance, as follows:
a.Review for Application Completeness.
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Division 2.02— Application Filing and Processing
(Rev. 01.16.202412.03.2024)Page 2.02-14Ontario Development Code (1)Within 30 days following receipt of an application filed in compliance with this Division, the City shall review the application and determine, in writing, whether the application is complete for further processing, and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall automatically be deemed complete for further processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.
(2)If an application is determined to be incomplete for processing, the City shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the responsible City department in response to the list and description, which shall be reviewed pursuant to Subparagraph C.1.a(1), above.
(3)If an application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4)Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs C.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b.Application Acceptance.
(1)Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the responsible City department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.
This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the responsible City department may require in order to facilitate final action on the application.
(2)Prior to accepting an application as complete for processing, the responsible City department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph C.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application. (3)The provisions of this Subsection shall not be construed as limiting the ability of the responsible City department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2.Investigation. Following acceptance of an application as complete for processing, the responsible City department shall investigate the facts bearing on the application and provide the information necessary for action or determination, consistent with this Development Code and The Ontario Plan, which shall be reported to the Approving Authority.
3.Review and Action.
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Ontario Development CodePage 2.02-15(Rev. 01.16.202412.03.2024) a.The Approving Authority shall review the application and shall then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
b.The Approving Authority shall act on a ministerial approval request within 60 days following acceptance of an application as complete for processing pursuant to Paragraph C.1 (Initial Review for Application Completeness), above. The 60-day time limit may be extended by mutual agreement of the applicant and City.
4.Effective Date of Approving Authority Action. A ministerial permit or action shall become effective immediately upon Approving Authority action. An Approving Authority action to approve or deny a ministerial permit or decision shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.
2.02.020: Environmental Review
A. Purpose. The purpose of this Section is to assist the City in accomplishing the basic objectives of CEQA, as follows:
1.Enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian;
2.Provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project;
3.Provide an analysis of the environmental effects of future actions associated with a project in order to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project;
4.Identify ways that environmental damage can be avoided or significantly reduced;
5.Prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and
6.Provide full public disclosure of the City's basis for project approval in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency's activities. The involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.
B. Applicability. The provisions of this division shall apply to any activity of the City that is determined to be a "project" pursuant CEQA (PRC Section 21000 through Section 21178) and the CEQA Guidelines (CCR Section 15000 through Section 15387).
C. CEQA Implementation. Local guidelines for the implementation of CEQA shall be adopted by Resolution of the City Council. The guidelines may be changed or modified only by resolution of the City Council.
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(Rev. 01.16.202412.03.2024)Page 2.02-16Ontario Development Code D. Environmental Review. The City of Ontario shall conduct an environmental review of any activity within the City that constitutes a "project" pursuant CEQA, the CEQA Guidelines and the City's local guidelines for the implementation of CEQA. Depending upon the nature and scope of a "project," it may be found to be exempt from further environmental review, or a negative declaration, mitigated negative declaration or environmental impact report may be required to be completed. Negative declarations, mitigated negative declarations, and environmental impact reports shall be prepared pursuant to the requirements of CEQA and the implementing guidelines, and the City's local guidelines for the implementation of CEQA.
2.02.025: Time Limits and Extensions
A. Time Limits. Discretionary permits/actions granted pursuant to this Division shall become invalid if not exercised within the below-listed timeframes:
1.Generally. Unless otherwise stipulated by the conditions of approval, a discretionary permit/action shall become invalid if not exercised within 12 months following the effective date of application approval, except as specified in Paragraphs A.2 through A.6, below, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.
2.Development Plan. Unless otherwise stipulated by the conditions of approval, a Development Plan shall become invalid if not exercised within 24 months following the effective date of application approval, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.
3.Tentative Subdivision Map. A Tentative Tract or Parcel Map shall become invalid if not exercised within the time limits specified by GC Section 66452.6.
4.Vesting Tentative Maps.
a.A vesting tentative map shall become invalid if not exercised within the time limits specified by Paragraph A.3 (Tentative Subdivision Map), above. b.If a final tract map is approved prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final tract map area shall last for the periods listed below:
(1)An initial period of 12 months following recordation of the final tract map. Where several final tract maps are recorded on phases of a project covered by a single vesting tentative map, the 12-month period for each final tract map shall begin on the date of recordation of that final tract map;
(2)The initial period set forth in Subparagraph A.4.b.(1), above, shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days; provided, that the extension shall only be for the number of days in excess of 30 days; and (3)If during the 24-month period following approval of a final tract map or parcel map, the City receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the tentative map shall continue until the expiration of the building permit.
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Ontario Development CodePage 2.02-17(Rev. 01.16.202412.03.2024)
5.Expiration of Vesting Development Rights. Vesting development rights shall expire if a final map is not filed for approval prior to the expiration of the vesting tentative map, as provided in Paragraph A.6 (Vesting Tentative Maps) of this Section. If the final map is approved, these rights shall last for the following time periods, extending beyond the recording of the final map:
a.An initial period of 12 months, except that where several final maps are recorded for various project phases of a single vesting tentative tract map, this initial time period shall begin with each phase, when the final map for that phase is recorded; b.The initial time period set forth in Subparagraph A.6.b(1) of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds 30 days from the date a complete application is filed;
c.A subdivider may apply for a 12-month extension at any time before the initial expiration date for map approval; and
d.If the subdivider submits a complete application for a building permit during the time periods specified in Subparagraphs A.5.a through A.5.c, above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
6.Certificate of Appropriateness. A Certificate of Appropriateness granted pursuant to this Division shall become invalid if not exercised within the time limit specified by the conditions of approval, or within 24 months if no time limit has been specified.
7.Phased Projects.
a.Wherein a project involves the construction of multiple phases over an extended period, and the conditions of approval do not specify a time limit differing from Paragraphs A.2 through A.5, above, the portion of entitlement applicable to a particular phase shall be deemed exercised through the issuance of a building permit for that phase. The remainder of the entitlement related to further construction shall expire 12 months following building permit expiration, final building inspection, or Certificate of Occupancy issuance for the previous construction phase, unless extended pursuant to Subsection B, below. b.A building permit may be issued for a subsequent phase if no more than 12 months have lapsed since a Certificate of Occupancy was issued for the previous phase and the applicant is diligently pursuing the project toward completion. However, if more than 12 months have lapsed since Certificate of Occupancy issuance or final inspection has occurred for the previous phase, and the entitlement was not extended pursuant to Subsection B, below, the entitlement granting the construction of any subsequent phases shall be deemed invalid and no further building permits shall not be issued, unless a time extension is granted pursuant to Section
2.02.025 (Time Limits and Extensions) of this Division.
8.Projects Involving Pending Litigation. The time limits specified in Paragraphs A.1 through A.5, above, including any time extension granted pursuant to Subsection B, below, shall not include the period of time during which a lawsuit involving the approval or conditional approval of a discretionary permit is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Approving Authority pursuant to this Division. After service of the initial petition or complaint in the lawsuit upon the City, the applicant, or property owner if 107
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(Rev. 01.16.202412.03.2024)Page 2.02-18Ontario Development Code different from the applicant, may apply to the local agency for a Stay of Permit Approval Time Limit. Within 40 days after receiving the application, the Review Authority may stay the time limit for up to 5 years.
9.Definition. For the purposes of this Section, the term "exercised" shall mean the following:
a.The applicant, or property owner if different from the applicant, has completed or fulfilled all conditions of approval imposed upon the permit or action by the Approving Authority; and
b.In the case of permits or actions pertaining to a development project approval, a Building Permit shall have been issued and construction shall have been diligently pursued toward project completion. In the case of permits or actions pertaining to a land use approval, the approved use shall have commenced. In the case of a Merger of Contiguous Parcels, Reversion to Acreage, or Tentative Subdivision Map, the Merger, Reversion, or Final Subdivision Map shall have been recorded at the office of the San Bernardino County Recorder.
B. Time Extensions. The time limits within which a discretionary permit or action must be exercised, may be extended as follows:
1.Project Applicant or Property Owner Requested Time Extension. a.The project applicant, or property owner if different from the applicant, may file a Time Extension request, together with any required filing fees, with the City (Planning Department or Engineering Department, as applicable) prior to the expiration date of an approved discretionary permit or action.
b.Upon the submittal of a Time Extension request, the affected discretionary permit or action shall be granted an automatic 90-day time extension to allow sufficient time for application processing.
2.An extension of the expiration date for an approved discretionary permit or action shall be acted upon as follows:
a.The Approving Authority may grant a Time Extension upon determination of the following:
(1)Each of the findings and conditions of the original approval are still applicable to the project and there are no changed circumstances; (2)The Time Extension will not adversely affect the public health, safety, or welfare; and
(3)There has been diligent pursuit to exercise the permit or action for which an extension is being requested.
b.The burden of proof shall lie with the permittee to establish with substantial evidence that the approval for which the Time Extension is requested should not be allowed to expire. If the Approving Authority determines that the permittee has good-faith intent to commence with the proposed project, the Approving Authority may grant a Time Extension. 108
Division 2.02—Application Filing and Processing
Ontario Development CodePage 2.02-19(Rev. 01.16.202412.03.2024) c.A discretionary permit or action may be granted Time Extensions in one- year increments, not to exceed a total of three, one-year time extensions, excepting tentative subdivision maps, which shall be subject to the provisions of GC Section 66452.6.
3.Blanket Time Extensions Granted by the City Council.
a.In addition to the Time Extensions allowed pursuant to Paragraph B.1 of this Section, the City Council may, by resolution, grant time extensions for discretionary permits and actions, as identified in Table 2.02-1 (Review Matrix) of this Division, to benefit homeowners, developers, landowners, and business owners within the City that may be negatively affected by economic slowdown/downturn or recession.
b.A blanket time extension shall be applicable only to those permits and actions that have not expired prior to the date that the Time Extension is granted.
2.02.030: Failure by Applicant to Complete Application Processing A.Within 180 days following a written request by the City for plan changes, corrections, revisions, or the submittal of additional information, an application shall be deemed withdrawn if the Planning Director determines that the applicant has not made reasonable progress toward providing necessary plan changes or corrections, or additional information. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials required for any project on the same site.
B.Upon written request of the applicant, the Planning Director may order the refund of all or a portion of filing fees pursuant to Section 2.02.010.C (Refunds and Withdrawals) of this Division.
2.02.035: Limitations on Application Refiling
A final action denying an application shall prohibit the further filing of the same or a substantially similar application for a period of not less than 12 months following the date of application denial, except that an application denied without prejudice may be resubmitted within the 12-month period following application denial.
2.02.040: Indemnification
It shall be a condition of any application approved pursuant to this Division, or any approval or certification required pursuant to CEQA or the CEQA Guidelines, that a property owner or applicant, if different from the property owner, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees:
A.From any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees, to attack, set aside, void, or annul the City's decision to approve any development, land use permit, and/or approvals and certifications under CEQA, but excluding any subdivision approval governed by GC Section 66474.9. This indemnification shall include, but not be limited to, damages, fees, and/or costs awarded against the City, if any, and the cost of any suit, attorney's fees, and/or other costs, liabilities, and expenses incurred in connection with a 109
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(Rev. 01.16.202412.03.2024)Page 2.02-20Ontario Development Code lawsuit, whether incurred by the applicant, the City, and/or the parties initiating or bringing a lawsuit;
B.For all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as, but not limited to, a negative declaration, mitigated negative declaration, environmental impact report, general plan amendment, specific plan, or specific plan amendment), if made necessary by a lawsuit and if the applicant desires to pursue securing approvals that are condition of application approval, after initiation of a lawsuit; and
C.For all costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in Subsections A and B of this Section. 110
Ontario Development CodePage 2.03-1(Rev. 01.16.2024)
Division 2.03—Public Hearings
Sections:
2.03.000: Purpose
2.03.005: Applicability
2.03.010: Public Hearing Notices
2.03.015: Public Hearing Procedures
2.03.020: Request for Notification
2.03.025: Failure to Receive a Public Notice
2.03.030: Cemeteries
2.03.000: Purpose
The purpose of this Division is to implement GC Division 1, Chapter 2.7 (commencing with GC Section 65090), which governs public hearing and notification procedures for consideration of legislative actions, discretionary land use and development entitlements, and discretionary administrative actions. Public hearings are not required for nondiscretionary administrative permits, decisions, and actions; however, public notice may be required pursuant to this Division.
2.03.005: Applicability
A.A public hearing for a legislative action, land use or development entitlement, or any other matters pertaining to this Development Code requiring a public hearing pursuant to GC Division 1, Chapter 2.7 (commencing with GC Section 65090), shall be scheduled and heard in accordance with the provisions of this Division.
B.Public hearing notification for legislative actions, land use or development entitlements, or administrative permits, decisions, or actions shall be provided in the manner prescribed by Table
2.03-1 (Notification Matrix), below.
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
A. LEGISLATIVE ACTIONS
1.Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
X X X
2.Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X
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Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
3.Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
X
4.Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:
ODC Section 4.01.025)
X X X
5.Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
X X X
6.Specific Plans and Amendments [1] (Ref:
ODC Section 4.01.035)
X X X
7.Williamson Act Contract Cancellations
[1] (Ref: GC Section 51200 et.seq.)
X X X
8.Zone Changes [1] (Ref: ODC Section
4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS
1.Billboard Relocation Agreements [1]
(Ref: ODC Section 4.02.010)
X
2.Conditional Use Permits (Ref: ODC
Section 4.02.015)
a.Hotels, Motels and Residence Inns
[1]
X X
b.Use established in conjunction with
a Development Plan [1]
X X
c.Use established within an existing
structure [1]
X X
d.Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
e.Revocation due to abandonment
of use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]
X X
3.Density Bonus and Other Incentives per
ODC Section 6.01.010.G (Density Bonus and Other
Incentives) [1]
X X
4.Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)
a.Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
X
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Ontario Development CodePage 2.03-3(Rev. 01.16.2024)
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
b.Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X
c.Industrial developments equal to or
less than 0.45 FAR
X
d.Industrial developments exceeding
0.45 FAR
X
e.Wireless telecommunications
facilities pursuant to Section 5.03.420 (Wireless
Telecommunications Facilities) of this
Development Code
(1)Tier 2 facilities X
(2)Tier 3 facilities X
f.All others X
5.Extensions of Legal Nonconforming
Status [1] (Ref: ODC Section 4.02.030)
X X
6.Historic Preservation
a.Certificates of Appropriateness
(Ref: ODC Section 4.02.050)
(1)Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2)Deferral of Replacement
Structure [1]
X X
(3)Eligible Historic Resources [1] X X
(4)Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5)Waivers and Minor
Improvements
X
b.Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
X X
c.Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
X X
d.Conservation Plans (Ref: ODC
Section 4.02.060)
X
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Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
e.Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X
f.Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas [Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:
ODC Section 4.02.045)
X
g.Mills Act Contracts (Ref: ODC
Section 4.02.065)
X
h.Mills Act Cancellations [1] X X
i.Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section
4.02.045)
(1)At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.
X
(2)Loss of all historic and/or
cultural significance due to a catastrophe
causing a loss of integrity, or due to extensive
legally performed alterations performed after the
property was initially surveyed.
X
7.Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X
8.Master Plans and Amendments [1] (Ref:
ODC Section 4.02.070)
X X X
9.Minor Adjustments/Alterations [4] (Ref:
ODC Section 4.02.020.C)
X[5] X
10.Nonconforming Structure
Reconstruction [1] (Ref: ODC Section 3.01.020)
X X
11.Parking Reduction (Ref: ODC Section
6.03.025)
X
12.Sign Programs (Ref: ODC Section
4.02.075)
X
13.Specific Plan Minor Amendments (Ref:
ODC Section 4.02.080)
X
14.Stays of Permit Approval Time Limit (Ref:
ODC Section 2.02.025.A.8)
X
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Ontario Development CodePage 2.03-5(Rev. 01.16.2024)
Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
15.Subdivisions
a.Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X X
b.Reversions to Acreage [1] (Ref:
ODC Section 4.02.090)
X X
c.Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
X X
d.Tentative Tract and Parcel Map
Time Extensions (Ref: ODC Section 2.02.025.A.3 &
4)
X
16.Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X
17.Variances (Ref: ODC Section 4.02.020.E)
a.Homeowner [1] X X
b.Other [1] X X
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND DECISIONS
1.Administrative Exceptions (Ref: ODC
Section 4.03.050.C)
X
2.Administrative Use Permit (Ref: ODC
Section 4.02.015)
X
3.Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 (Zoning
Compliance)
X
4.Development Plans within the ONT
zoning district (Ref: ODC Section 4.02.025)
X
5.Fair Housing and Reasonable
Accommodation Ref: ODC Section 4.02.035)
X
6.Landscape and Irrigation
Documentation Plans (Ref. ODC Section 6.05.015)
X
7.Off-Site (Public) Improvement Plans (Ref:
ODC Section 6.08.040)
X
8.ONT ALUCP Interagency Reviews [3]
(Ref: ONT ALUCP)
X
9.Other Plan Checks and actions required
by this Development Code
X
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Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
10.Shopping Cart Retention Plans (Ref:
ODC Section 6.11.020)
X
11.Sign Plans (Ref: ODC Section 4.03.020) X
12.Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X
13.Subdivisions
a.Certificates of Compliance (Ref:
ODC Section 4.03.025)
X
b.Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c.Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X
d.Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X
e.Street Address Numbering (Ref:
ODC Section6.06.010)
X
f.Street Name Assignment (Ref: ODC
Section 6.06.010
X
g.Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X
h.Urban Lot Splits (Ref: ODC Section
8.08.060)
X
14.Tier 1 wireless telecommunications
facility pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X
15.Walls, Fences, and Other Obstructions
Plans not associated with a Development Plan
(Ref: ODC Section 6.02.005)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS
1.Environmental Impact Reports (EIRs)
(Ref: CCR Section 15080, et seq.)
X X X
2.Exempt Projects (Ref: CCR Section
15300, et seq.)
X
3.Ministerial Projects (Ref: CCR Section
15268)
X
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Table 2.03-1: Notification Matrix
Required Method of Public Notification
Applications, Actions, Decisions
And Processes
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
4.Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:
CCR Section 15070, et seq.)
X
5.Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X
Notes:
[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [3] Refer to the Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) for procedures for application processing and administration, and appeals processing.
[4] A Minor Adjustment/Alteration shall require notification pursuant to Paragraph 4.02.020.C.3 (Application Filing, Processing and Hearing) of this Development Code.
[5] Publication or posting of a legal notice is required only if a public hearing is requested by the applicant, an abutting property owner, or other affected person or entity.
2.03.010: Public Hearing Notification
A. Public Hearing Notice Minimum Information. Public hearing notices shall contain the following minimum information:
1.A general description, in text or by diagram, of the location of the real property that is the subject of the hearing;
2.Time, place, and location of the public hearing;
3.A general description of the matter to be considered;
4.A statement indicating that additional application materials and documentation are on file with the City of Ontario and where such additional project information may be viewed or obtained;
5.A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing; and
6.The identity of the hearing body or officer.
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B. Notices for Public Hearings Conducted by the City Council. A notice for a public hearing conducted by the City Council shall not be published, mailed, delivered, or posted in advance of a public hearing conducted by the Planning Commission pursuant to Table 2.02-1 (Review Matrix) of this Development Code, as the public hearing notice shall include the recommendation of the Planning Commission.
C. Public Notification Required 10 Days in Advance of any Public Hearing. Public hearing notification shall be provided a minimum of 10 days in advance of any public hearing and shall be provided by one or more of the following methods, as necessary:
1.First Class Mail or Delivery. First Class Mail or delivery shall be provided to:
a.Any person filing a request to the Planning Department to receive such notices; and
b.All owners of real property located within a minimum of 300 FT of the exterior boundaries of the property that is the subject of the hearing, as shown on the last equalized assessment roll, or records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll, except that:
(1)For Minor Variances, the area of notification shall include all properties having a property line common with the affected property; and (2)For wireless telecommunications facilities located 500 FT or less from residentially zoned property, the area of notification shall be within 500 FT of the exterior boundaries of the property that is the subject of the hearing. c.The owner's duly authorized agent, if any; and
d.The project applicant; and
e.Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to CC Section 883.230; and f.Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
2.Number of Owners Requiring Public Hearing Notification Is Greater Than 1,000. If the number of owners to whom notice would be mailed or delivered pursuant to Subparagraph C.1.b of this Section, is greater than 1,000, in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page may be placed in at least one newspaper of general circulation within the City of Ontario.
3.Public Hearing Notice Publication. If notice is mailed or delivered pursuant to Subparagraph C.1.b of this Section, notice shall also be published in at least one newspaper of general circulation in the City or, if there is no such newspaper of general circulation, the notice shall be posted in at least 3 public places within the boundaries of the City, including the subject site.
4.Supplemental Public Noticing Requirements — Posting.
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a.In addition to the requirements of paragraphs C.1 through C.3, above, supplemental public notice shall be provided, which consists of one or more large public notification signs consisting of a 6-foot-tall freestanding sign, having a sign face measuring 4 feet tall by 8 feet wide, which shall be posted on the project site for development related projects meeting any of the following criteria:
(1)The proposed project is planned to be developed at a higher density or intensity than the existing surrounding neighborhood; and/or (2)The proposed project requires a General Plan Amendment, Specific Plan Amendment, or Zone Change; and/or
(3)The proposed project requires the preparation of an environmental impact report; and/or
(4)The Planning Director has determined that supplemental public notice is necessary and desirable based on the nature of the proposed project. For large projects, the planning director may determine that more than one sign is necessary. b.A cash deposit is required in an amount adopted by resolution of the City Council, to ensure compliance with the supplemental notification requirements, including maintenance and removal of the large notification sign. c.In order to implement the large public notification signs as an effective form of public notification, the following rules and standards shall apply:
(1)Large public notification signs shall be constructed and installed pursuant to the specifications established and published by the Planning Director. (2)Large public notification signs shall be posted 300 lineal feet apart along each project site's street frontage. Sign locations shall be approved by the Planning Director in conjunction with a Sign Plan for a temporary sign issued pursuant to the requirements of Division
8.01 (Sign Regulations) of this Development Code.
(3)The fabrication and installation of a large public notification sign shall be the responsibility of the project applicant. Once the project application is deemed complete and all notification signs installed per city standards, the proposed project will be scheduled for all required public hearings.
(4)Large public notification signs shall be maintained in good condition and shall remain in place until the final decision on the proposed project has been made or the application is withdrawn.
(5)Large public notification signs shall be removed by the applicant within 14 days following the final decision on the project or the date of application withdrawal.
Failure to remove the sign within the prescribed period shall result in forfeiture of the cash deposit and removal of the sign by the City.
5.Other Acceptable Methods of Public Noticing. In addition to the public noticing required by Paragraphs C.1 through C.4 of this Section, the City may give notice of a hearing by any other method deemed necessary or desirable by the Planning Director. 119
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D. Public Notices Required Pursuant to CEQA. Public notification required pursuant to CEQA shall be prepared and advertised consistent with the requirements of the "City of Ontario Guidelines for the implementation of the California Environmental Quality Act," latest edition.
2.03.015: Public Hearing Procedures
A.At any public hearing held pursuant to the provisions of this Division, the Advisory, Approving or Appeal Authority shall hear the applicant, appellant, and any interested persons.
The Advisory, Approving or Appeal Authority may restrict the oral presentation by any person to a time period established in the rules and procedures of the Authority, and may preclude the introduction of any evidence determined to be irrelevant to the public hearing. However, an Advisory, Approving or Appeal Authority shall receive any person's written statement.
B.In the event that an Advisory, Approving or Appeal Authority has obtained evidence outside of the hearing, the information shall be placed into the record. Thereafter, the applicant, appellant or any interested person may rebut the information and shall be entitled to a continuance for that purpose; however, no person may examine an Advisory, Approving or Appeal Authority.
C.Any action or decision of an Advisory, Approving or Appeal Authority shall require a majority vote of its attending members. An abstention by any member who is present at the hearing, and has heard all presented evidence, shall constitute an affirmative vote on any motion regarding the application.
D.When an action or decision of an Approving Authority is anticipated to be contested, the City shall insure that a verbatim record of the hearing is made and duly preserved, provided that a written request is submitted to the City, along with a deposit equal to the total anticipated cost of preparing the record, at least 5 days prior to the date of the hearing. If the actual cost to prepare the record is greater than the provided deposit, the difference (amount owed) shall be paid to the City prior to the record being made available. The City shall return any unused portion of the deposit following completion of the record.
E.Any public hearing conducted pursuant to this Section may be continued from time-to- time. If a hearing is continued at the request of an applicant or appellant, the continuance shall constitute a waiver of any applicable time period in which to act or render a decision.
F.Any action or decision of the Approving Authority shall be final and conclusive, unless appealed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
2.03.020: Request for Notification
Wherein notice of a public hearing is required pursuant to Section 2.03.010 (Public Hearing Notices) of this Division, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for such notice with either the city clerk or the Planning Department.
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2.03.025: Failure to Receive a Public Notice
Pursuant to GC Section 65093, the failure of any person or entity to receive notice given pursuant to this Division shall not constitute grounds for any court to invalidate the actions of the Approving Authority for which the notice was given.
2.03.030: Cemeteries
Wherein an application is submitted for a Development Code Amendment, General Plan Amendment, Specific Plan Amendment, Variance, Conditional Use Permit, Development Plan, or any entitlement for use which would permit all or any part of a cemetery, as defined in HSC Section 8100, to be used for other than cemetery purposes, the City shall give notice pursuant to Section
2.03.010 (Public Hearing Notices) of this Division. Those persons requesting notice shall be notified by the City at the address provided at the time of the request. 121
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Division 2.04—Appeals
Sections:
2.04.000: Purpose
2.04.005: Applicability
2.04.010: Appeals
2.04.015: Planning Commission Right to Direct that a Decision or Action of the Zoning Administrator or Development Advisory Board be Further Considered
2.04.020: City Council Right to Direct that a Decision or Action of the Planning Commission, Zoning Administrator, or Development Advisory Board be Further Considered
2.04.000: Purpose
The purpose of this Division is to implement GC Section 65903, which governs the establishment of procedures for the filing, processing and hearing of appeals on actions or decisions of a City department, agency, or Approving Authority.
2.04.005: Applicability
Any person having legal standing, including but not limited to an applicant, resident, business owner, or any person owning real property within the City, that is aggrieved by an interpretation, action or decision made pursuant to this Development Code by any City agency or department, or by an Approving Authority, may appeal such action to the Appeal Authority in accordance with the provisions of this Division.
2.04.010: Appeals
A. Appeal Authority.
1.The Appeal Authority for all legislative actions, discretionary permits and actions, and ministerial permits and decisions, is hereby established pursuant to Table 2.02-1 (Review Matrix) of this Development Code.
2.The Appeal Authority for an administrative interpretation, action, or decision made by any City agency or department head regarding any matter prescribed or governed by this Development Code may be appealed to the Planning Commission, except as otherwise prescribed by this Development Code.
B. Appeal Procedure.
1.An appeal request shall be filed with the Planning Department on a City application form, along with any appropriate fees established by resolution of the City Council, within 10 days following the action or decision being appealed. The appeal shall include a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and the relief requested from the Appeal Authority.
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2.An appeal of an action or decision by the Approving Authority shall be limited to those matters raised during the hearing and contained in the appeal statement. The Appeal Authority shall not consider any matter that was not raised during the hearing before the Approving Authority and contained in the appeal statement.
3.Upon receipt of an appeal request, copies of the request and supporting information shall be conveyed to the Appeal Authority within 45 days (30 days for a tentative subdivision map) following the filing of the appeal request. The Appeal Authority shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.
4.Upon receipt of an appeal request, the Planning Director shall prepare the record on the subject matter of the appeal, including any staff reports and meeting minutes, and transmit the record to the Appeal Authority. The Planning Director shall also prepare a written report responding to the appeal statement, containing a recommendation on the appeal and appropriate findings supporting the recommendation, along with any appropriate conditions of approval. The report shall be made available to the Appellant at least 72 hours prior to the hearing before the Appeal Authority.
5.Within 30 days (10 days for a tentative subdivision map) following the conclusion of the hearing, the Appeal Authority shall render its decision on the appeal. The Appeal Authority may deny the appeal or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision shall include all required findings.
2.04.015: Planning Commission Right to Direct Further Consideration of a Zoning Administrator or Development Advisory Board Action
A.Agendas of Zoning Administrator and Development Advisory Board hearings shall be provided to the Planning Commission at least 72 hours prior to the date of the hearing.
B.Within 10 days following any decision or action of the Zoning Administrator or Development Advisory Board, the Planning Commission may call-up such decision or action for further consideration.
C.Upon calling-up a decision or action pursuant to Subsection B, above, the Planning Commission shall set the matter for hearing, which shall be noticed and conducted pursuant Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Subsection 2.04.010.B (Appeal Procedure) of this Division.
D.The Planning Commission may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission's decision shall be final and conclusive in the absence of an appeal filed pursuant to this Division.
2.04.020: City Council Right to Direct Further Consideration of a Planning Commission, Zoning Administrator, or Development Advisory Board Action
A.All agendas for Zoning Administrator, Development Advisory Board and Planning Commission hearings shall be provided to the City Council at least 72 hours prior to the date of the hearing.
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B.Within 10 days following any decision or action of the Planning Commission, Zoning Administrator, or Development Advisory Board, the City Council may direct that such decision or action be sent to the Planning Commission for further consideration.
C.Within 10 days following any decision or action of the Planning Commission, the City Council may call-up such decision for further consideration.
D.Upon sending or calling-up a decision or action pursuant to Subsections B and C of this Section, the applicable hearing body shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Section 2.04.010.B (Appeal Procedure) of this Division.
E.The Planning Commission or City Council may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission's decision shall be final and conclusive, unless appealed to the City Council pursuant to Section 2.04.010 (Appeals) of this Division. The City Council's decision shall be final and conclusive.
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Division 2.05—City Initiated Modification or Revocation Sections:
2.05.000: Purpose
2.05.005: Applicability
2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation
2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use
2.05.000: Purpose
The purpose of this Division is to:
A.Establish procedures for securing disciplinary or punitive modification or revocation of a previously granted Conditional Use Permit, or Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship; and
B.Establish procedures for the revocation of Conditional Use Permits, for which the land use granted has been abandoned.
2.05.005: Applicability
A. Conditional Use Permit.
1.Disciplinary or Punitive Modification.
a.The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Conditional Use Permit, based upon one or more of the following causes of action:
(1)The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval; (2)The Conditional Use Permit granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or (3)The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance. b.The action to modify a Conditional Use Permit shall have the effect of changing the physical and/or operational aspects of the Conditional Use Permit. The changes may include the physical and/or operational aspects related to noise, buffers, duration of the permit, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the Conditional Use Permit is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.
2.Disciplinary or Punitive Revocation.
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a.The Approving Authority shall have authority to revoke a Conditional Use Permit, based upon one or more of the following causes of action:
(1)The Conditional Use Permit approval was obtained by fraud; (2)The Conditional Use Permit granted is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days; (3)The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval; (4)The Conditional Use Permit granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or (5)The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance. b.The Approving Authority's action to revoke a Conditional Use Permit shall have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.
3.Revocation of Due to Abandonment of Use. A Conditional Use Permit granting a land use that is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days, may be deemed to be abandoned (cause of action) and may be revoked solely on the basis of its abandonment.
B. Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship.
1.Disciplinary or Punitive Modification.
a.The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1)The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of certificate approval;
(2)The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(3)The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b.The action to modify a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of changing the physical aspects of the certificate, such as landscaping and irrigation, lighting, parking, performance guarantees, property maintenance, signs, paving, or any other aspect or condition determined to be reasonable and necessary to en 128
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sure that the certificate is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.
2.Disciplinary or Punitive Revocation.
a.The Approving Authority shall have authority to revoke a Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1)The Certificate of Appropriateness or Certificate of Economic Hardship approval was obtained by fraud;
(2)The Certificate of Appropriateness or Certificate of Economic Hardship granted is not being exercised;
(3)The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
(4)The Certificate of Appropriateness or Certificate of Economic Hardship granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(5)The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b.The Approving Authority's action to revoke a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of terminating the certificate and denying the privileges granted by the original approval and any subsequent modifications.
2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation A. Initiation of Modification or Revocation.
1.Conditional Use Permit. It shall be the responsibility of the Zoning Administrator to determine whether reasonable grounds exist to initiate a Conditional Use Permit modification or revocation.
2.Certificate of Appropriateness or Certificate of Economic Hardship. It shall be the responsibility of the Historic Preservation Subcommittee to determine whether reasonable grounds exist to initiate a Certificate of Appropriateness or Certificate of Economic Hardship modification or revocation.
B. Hearing Notification. Upon determination that reasonable grounds exist to initiate a permit or certificate modification or revocation, the City shall:
1.Schedule a hearing before the Approving Authority, which shall be noticed pursuant to Division 2.03 (Public Hearings) of this Development Code, based upon the type of application being considered (Note: If Division 2.03 (Public Hearings) does not require public 129
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notification for the application type being considered, no public notice shall be required for the modification/revocation hearing); and
2.Serve the affected applicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/Revocation Proceedings. The notice shall be sent by certified mail at least 10 days prior to the public hearing date, and shall contain the following minimum information:
a.A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;
b.The name(s) of the owner, and name(s) of occupants if different from the owner;
c.The project file number and date of issuance;
d.A description of the authorized land use or development entitlement, or discretionary administrative permit;
e.Statements supporting one or more of the causes of action contained in Section 2.05.005 (Applicability) of this Division;
f.A statement that the Approving Authority will hold a public hearing within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the hearing, may either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance; g.A statement that the applicant, owner, and/or occupant may appear in person and/or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and h.The date, time, and place of the public hearing.
C. Hearing.
1.The modification or revocation shall be heard and acted upon pursuant to the procedures for public hearings contained in Division 2.03 (Public Hearings) of this Development Code.
2.At the conclusion of the hearing, the Approving Authority may take appropriate action to ensure permit or certificate compliance, including the addition, deletion, or modification of conditions of approval, or revocation of the permit or certificate.
D. Decision and Notice to Property Owner.
1.Within 45 days following the conclusion of the modification or revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the causes of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.
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2.The decision of the Approving Authority to modify or revoke an approved discretionary permit or action shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use A. Revocation Initiation. The Approving Authority may initiate the revocation of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.
B. Hearing Notification. Upon determination by the Approving Authority that reasonable grounds exist to initiate Conditional Use Permit revocation, the Approving Authority shall conduct a hearing, setting the date and time upon which the request will be considered. Notice of the hearing shall be given, and the hearing shall be conducted, pursuant to Division 2.03 (Public Hearings) of this Development Code.
C. Decision and Notice to Property Owner.
1.The Approving Authority shall not revoke a Conditional Use Permit if there is a compelling government interest in maintaining the subject permit.
2.The Approving Authority's action to revoke a Conditional Use Permit shall have the effect of terminating the land use permit, along with any privileges granted by the original approval and any subsequent modifications that may have been granted.
3.Following the conclusion of the revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the cause of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.
4.The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code. 131
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Division 2.06—Performance Guarantees
Sections:
2.06.000: Purpose
2.06.005: Applicability
2.06.010: Surety Form and Amount
2.06.015: Surety for Maintenance
2.06.020: Duration of Surety
2.06.025: Release or Forfeiture of Surety
2.06.000: Purpose
The purpose of this Division is to establish a procedure by which a discretionary permit or action, or ministerial permit or decision may require, by conditions of approval or by action of the Approving Authority, to provide surety guaranteeing the faithful performance and proper completion of any approved work and compliance with conditions of approval.
2.06.005: Applicability
The provisions of this Division shall apply to performance guarantees for projects authorized by any a discretionary permit or action, or ministerial permit or decision required by this Development Code.
2.06.010: Surety Form and Amount
The required surety shall be in a form (e.g., cash deposit, certificate of deposit, surety bond, etc.) approved by the Planning Director or City Engineer, upon recommendation of the City Attorney.
The amount of surety shall be as determined by the Planning Director and/or City Engineer to be necessary to ensure proper completion of the work and compliance with conditions of approval.
2.06.015: Surety for Maintenance
In addition to any improvement surety required to guarantee proper completion of work, the Planning Director or City Engineer may require surety for maintenance of the work in an amount determined by the Planning Director and/or City Engineer to be sufficient to ensure the proper maintenance and functioning of improvements.
2.06.020: Duration of Surety
Required improvement surety shall remain in effect until final inspections have been made and all work has been accepted by the Planning Director and/or City Engineer, or until any warranty period required by the Planning Director and/or City Engineer has lapsed. Maintenance surety shall remain in effect for the one-year period following the date of final inspection. 133
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2.06.025: Release or Forfeiture of Surety
A.Upon satisfactory completion of work and the approval of a final inspection at the end of the required time for maintenance surety, the improvement and/or maintenance deposits or bonds shall be released.
B.Upon failure to complete all required work, failure to comply with all of the terms of any applicable permit or failure of the completed improvements to function properly, the City may perform the required work or cause it to be completed, and collect from the permittee or surety, all the costs incurred by the City, including the all costs for the work and all related administrative, inspection and legal costs.
C.Any unused portion of the surety shall be refunded to the funding source after deduction of all costs for the work and all related administrative, inspection and legal costs. 134
Chapter 4.0:
Permits, Actions, and Decisions
Division 4.01—Legislative Actions
Division 4.02—Discretionary Permits and Actions
Division 4.03—Ministerial (Administrative) Permits and Decisions 135
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Ontario Development CodePage 4.01-1(Rev. 01.16.202412.03.2024) Division 4.01—Legislative Actions
Sections:
4.01.000: Purpose
4.01.005: Applicability
4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments
4.01.015: Development Agreements
4.01.020: Development Code Amendments
4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)
4.01.030: Planned Unit Developments (PUD) and Amendments
4.01.035: Specific Plans and Amendments
4.01.040: Zone Changes
4.01.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of legislative actions by the appropriate Reviewing Authorities. Generally, legislative actions entail the establishment of rules, policies, or standards of general applicability, which involve the exercise of discretion and preside over considerations of public health, safety, and welfare.
4.01.005: Applicability
Whenever the public necessity, convenience, general welfare, or good planning practice so requires, the appropriate Reviewing Authorities, as prescribed by Table 2.02-1 (Review Matrix) of this Development Code, may consider the adoption of a legislative action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the legislative action being considered.
4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing the Los Angeles/Ontario International Airport Land Use Compatibility Plan pursuant to the provisions of PUC Section 21670 et seq., whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1.PUC Section 21675 requires the preparation of an Airport Land Use Compatibility Plan (ALUCP) that will provide for the orderly growth of Los Angeles/Ontario International Airport and the area surrounding the airport and will safeguard the inhabitants within the vicinity of the airport and the public in general. The City Council may, by ordinance and upon written recommendation of the Planning Commission, further amended, supplement or change the ALUCP, whenever the public necessity, convenience, general welfare, and good planning practice so requires.
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2.The Los Angeles/Ontario International Airport Land Use Compatibility Plan and any amendments thereto, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. An application for ALUCP adoption or an amendment there to, shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. An ALUCP, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1.The proposed ALUCP, or amendment thereto, will protect the public health, safety, and welfare by ensuring the orderly expansion of airports;
2.The proposed ALUCP, or amendment thereto, will minimize the public's exposure to excessive noise and safety hazards within areas around the airport to the extent that these areas are not already devoted to incompatible uses;
3.The proposed ALUCP, or amendment thereto, is consistent with the goals and policies of the general plan; and
4.The proposed ALUCP, or amendment thereto, is reasonable and beneficial, and in the interest of good planning practice.
4.01.015: Development Agreements
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Development Agreements by and between the City and persons having a legal or equitable interest in a property proposed to be the subject of an agreement, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65864 et seq., the City Council may, by ordinance and upon written recommendation of the Planning Commission as to the consistency of a proposed Development Agreement with the Policy Plan (General Plan) component of The Ontario Plan, enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. It is intended that the provisions of this division shall be fully consistent and compliant with the provisions of GC Section 65864 et seq. and shall be so construed.
C. Agreement Contents.
1.A Development Agreement entered into pursuant to the provisions of this Division shall, at a minimum, include the following information:
a.Duration of the agreement;
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Ontario Development CodePage 4.01-3(Rev. 01.16.202412.03.2024) b.The permitted use(s) of the property;
c.The density or intensity of use;
d.The maximum height and size of proposed buildings; and e.Provisions for reservation or dedication of land for public purposes.
2.In addition to the minimum information required by Paragraph C.1., above, the development agreement may include the following:
a.Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the use(s) and to the density or intensity of development set forth in the agreement; b.Provide that construction shall be commenced within a specified time period and that the project, or any phase thereof, be completed within a specified time; c.Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and
d.Any other such terms, conditions, and requirements as deemed necessary and proper by the City Council, including, but not limited to, a requirement for assuring to the satisfaction of the City, performance of all provisions of the development agreement in a timely fashion by the agreement holder.
D. Application Filing, Processing and Hearing. An application for Development Agreement consideration shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
E. Findings. A Development Agreement shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing that the provisions of the Agreement are consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and any applicable specific plans, and giving supporting reasons for each finding. A Development Agreement shall be denied if one or more of the required findings cannot be clearly established.
F. Recordation of Agreement. Within 10 days following the City entering into a Development Agreement, the City Clerk shall record with the county recorder, a copy of the Agreement, which shall prescribe the land subject to the agreement. From and after the time of recordation, the Agreement shall impart notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the Agreement shall be binding upon, and the benefits of the Agreement shall inure to, all successors in interest to the parties to the agreement.
G. Amendments. A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the Agreement, or their successors in interest. Any action to amend or cancel any portion of the Agreement shall be carried out pursuant to the procedures specified in Subsection D (Application Filing, Processing and Hearing), above. 139
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(Rev. 01.16.202412.03.2024)Page 4.01-4Ontario Development Code H. Annual Review.
1.Every Development Agreement approved and executed pursuant to this Division shall be annually reviewed during the term of the Agreement, following the date of its execution.
The purpose of the review is to determine whether the holder of the Agreement has complied in good faith with the terms of the Agreement. The burden shall be placed on the holder of the Agreement to demonstrate compliance to the full satisfaction of and in a manner prescribed by the City.
2.If as a result of annual review pursuant to this Subsection the City Council finds and determines, on the basis of substantial evidence, that the holder of the Development Agreement has not complied in good faith with the terms or conditions of the Agreement, the City Council may either amend or terminate the Agreement.
I. Modification/Suspension in Compliance with State or Federal Regulations. In the event that State or Federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the Agreement shall be modified or suspended as may be necessary to comply with State or Federal laws or regulations.
4.01.020: Development Code Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing this Development Code whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance and upon written recommendation of the Planning Commission, amend, supplement, or change the ordinances codified in this Development Code whenever the public necessity, convenience, general welfare, or good zoning practice so requires.
C. Application Filing, Processing and Hearing. An application for a Development Code Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Development Code Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1.The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan; and
2.The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
E. Urgency Measure: Interim Ordinance. Without following the procedures otherwise required prior to the adoption of a Development Code Amendment, to protect the public safety, health, 140
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Ontario Development CodePage 4.01-5(Rev. 01.16.202412.03.2024) and welfare, the City Council may adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or the Planning Department is considering or studying, or intends to study within a reasonable period. An urgency measure shall be completed pursuant to the provisions of GC Section 65858.
4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)
A. Purpose. The Policy Plan component of The Ontario Plan serves as the City's General Plan, which is mandated by State law pursuant to GC Section 65300 et seq. The purpose of this Section is to establish procedures for amending, supplementing, or changing the Policy Plan whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1.Pursuant to GC Section 65358, the City Council may, by resolution and upon written recommendation of the Planning Commission, amend, supplement, or change the Policy Plan (General Plan) component of The Ontario Plan.
2.A mandatory element of the Policy Plan shall not be amended more than 4 times during any calendar year; except that this limitation shall not apply to amendments necessary for the development of residential units where at least 25 percent of the proposed units will be occupied by, or available to, persons and families of low or moderate income, as defined by HSC Section 50093.
C. Application Filing, Processing and Hearing. An application for a General Plan (Policy Plan) Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A General Plan (Policy Plan) Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.Technical Amendment Findings. The first finding (Subparagraph D.1.a, below) and any one or more of the subsequent findings (Subparagraphs D.1.b through e, below) shall justify a technical amendment:
a.The proposed amendment will not change any policy direction or intent of the Policy Plan (General Plan) component of The Ontario Plan. b.An error or omission is in need of correction.
c.A land use designation was based on inaccurate or misleading information and, therefore, should be changed to properly reflect the policy intent of the Policy Plan (General Plan) component of The Ontario Plan.
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(Rev. 01.16.202412.03.2024)Page 4.01-6Ontario Development Code d.A point of clarification is needed to more accurately express the meaning of the Policy Plan (General Plan) component of The Ontario Plan, or eliminate a source of confusion.
e.A minor change in boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.
2.Entitlement/Policy Amendment Findings. The first two findings (of the Policy Plan (General Plan) component of The Ontario Plan, below), and any one or more of the subsequent findings (Subparagraphs D.2.c through f, below), shall justify an entitlement/policy amendment:
a.The proposed change does not involve a change in, or conflict with:
(1)The Ontario Plan Vision;
(2)Any principle of the Policy Plan (General Plan) component of The Ontario Plan; or
(3)Any basic/foundational component of The Ontario Plan. b.The proposed amendment would contribute to the achievement of the purposes of the Policy Plan (General Plan) component of The Ontario Plan, or, at a minimum, would not be detrimental to them.
c.Special circumstances or conditions have emerged that were unknown or unanticipated at the time the Policy Plan (General Plan) component of The Ontario Plan was adopted.
d.A change in policy is required to conform to changes in state or federal law, or applicable findings of a court of law.
e.An amendment is required to comply with an update of the Housing Element or change in State Housing Element law (commencing with GC Section 65580). f.An amendment is required to address changes in public ownership of land.
3.Land Use Amendment Findings. The first four findings (Subparagraphs D.3.a through d, below), and any one or more of the subsequent findings (Subparagraphs D.3.e through h, below), shall justify an entitlement/policy amendment:
a.The proposed General Plan Amendment is consistent with the goals and policies of The Ontario Plan.
b.The proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. c.The Land Use Element is a mandatory element of the Policy Plan (General Plan) component of The Ontario Plan, which, pursuant to GC Section 65358, may be amended up to four times per calendar year, and the proposed General Plan Amendment is the first, second, third, or fourth (insert applicable amendment cycle) amendment to the Land Use Element within the current calendar year.
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Ontario Development CodePage 4.01-7(Rev. 01.16.202412.03.2024) d.During the amendment of the Policy Plan (General Plan) component of The Ontario Plan, opportunities for the involvement of citizens, California Native American Indian tribes (pursuant to GC Section 65352.3), public agencies, public utility companies, and civic, education, and other community groups, through public hearings or other means, were implemented consistent with GC Section 65351.
e.The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties listed in the Available Land Inventory of the Housing Element Sites Inventory. Furthermore, changing the land use designation of the subject property from the existing Policy Plan (General Plan) land use designation (including density, if applicable) to the proposed Policy Plan (General Plan) land use designation (including density, if applicable) will not impact the City's Regional Housing Needs AllocationAssessment (RHNA) obligations, or the City's ability to satisfy its share of the region's future housing need.
f.The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is listed in the Available Land Inventory of the Housing Element Sites Inventory, and the proposed project is consistent with the number of dwelling units and density specified in the Housing Element SitesAvailable Land Inventory.
g.The project site is listed in the Available Land Inventory contained in the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Housing Element SitesAvailable Land Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element SitesAvailable Land Inventory is required.
Removal of the subject property from the inventory will not impact the City's Regional Housing Needs AllocationRHNA obligations since there are an adequate number of sites in the inventory to meet the City's Regional Housing Needs Allocation (RHNA) obligations. h.The proposed project is not consistent with the adopted Housing Element.
The project site is listed in the Available Land Inventory of the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Housing Element SitesAvailable Land Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element SitesAvailable Land Inventory of the Housing Element is required. Removal of the subject property from the inventory will impact the City's RHNARegional Housing Needs Allocation obligations since there are not an adequate number of sites in the inventory to meet the City's Regional Housing Needs Allocation (RHNA) obligations; therefore, the following property(ies) will be added to the Housing Element SitesAvailable Land Inventory:
Assessor Parcel Numbers (APN) Lot Area
[insert APN] [insert lot area]
Housing Element SitesAvailable Land Inventory
Existing Proposed
Number of Units: [insert existing number of units] [insert proposed number of units] Assumed Density: [insert existing density] [insert proposed density] 143
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4.01.030: Planned Unit Developments (PUD) and Amendments A. Purpose.
1.The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing PUDs whenever the public necessity, convenience, general welfare, or good planning practice so requires.
2.The PUD is intended to:
a.Secure a fuller realization of the Policy Plan component of The Ontario Plan than would result from the strict application of present zoning district regulations; b.Promote high standards in urban design;
c.Encourage the development of exceptionally high quality, mixed-use, high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and
d.Ensure harmonious relationships with surrounding land uses.
B. Authority.
1.Pursuant to GC Section 65850, the City Council may, by ordinance and upon written recommendation of the Planning Commission, adopt, amend, supplement or change regulations pertaining to the use of buildings, structures, and land; and establish development standards governing: building location, height, bulk, number of stories, and size; the size and use of lots, yards, courts, and other open spaces; lot coverage; the intensity of land use; off-street parking and loading; and signage, whenever the public necessity, convenience, general welfare and good planning practice so requires.
2.A PUD shall be required for those properly identified areas shown on Exhibit LU-05 (Additional Plans Required Map) of The Ontario Plan, and may be allowed on those properties located within the growth areas described on Exhibit LU-04 (Generalized and Growth Areas) of The Ontario Plan and in conjunction with mixed-use developments.
3.A PUD, and any amendments thereto, adopted pursuant to this Division shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. An application for Planned Unit Development adoption or amendment thereto, shall be filed, processed, and heard pursuant to Section
2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A PUD, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
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Ontario Development CodePage 4.01-9(Rev. 01.16.202412.03.2024)
1.The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2.The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
3.In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4.In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
5.The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan.
4.01.035: Specific Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Specific Plans whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1.Pursuant to GC Section 65450 et seq., the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.
2.A Specific Plan and any amendments thereto, adopted pursuant to this Division, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, an application for Specific Plan adoption or amendment shall be filed, processed and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Specific Plan, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1.The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2.The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; 145
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3.In the case of an application affecting specific property(ies), the proposed Specific Plan, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4.In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
4.01.040: Zone Changes
A. Purpose. The purpose of this Section is to establish procedures for amending or changing the zoning boundaries or zoning classification (Zone Change) of any property within the City whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance, and upon written recommendation of the Planning Commission, change the zoning boundaries or classification of any property within the City, whenever the public necessity, convenience, general welfare, or good zoning practice so requires.
C. Application Filing, Processing and Hearing. An application for Zone Change shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Zone Change, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2.The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
3.The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4.The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
E. Prezoning of Unincorporated Territory. The prezoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council in the form of a request to the Planning Commission that it consider the prezoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be prezoned. A Prezone shall be completed pursuant to GC Section 65859 and this Section and shall become effective at the same time annexation of territory to the City becomes effective. 146
Ontario Development CodePage 4.02-1(Rev. 01.16.202412.03.2024) Division 4.02—Discretionary Permits and Actions
Sections:
4.02.000: Purpose
4.02.005: Applicability
4.02.010: Billboard Relocation Agreements
4.02.015: Conditional Use Permits
4.02.020: Departures from Development Standards (Minor Adjustments/Alterations and Variances)
4.02.025: Development Plans
4.02.030: Extensions of Legal Nonconforming Status
4.02.040: Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource
4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources
4.02.055: Historic Preservation—Certificates of Economic Hardship
4.02.060: Historic Preservation—Conservation Plans
4.02.065: Historic Preservation—Mills Act Contracts
4.02.070: Master Plans and Amendments
4.02.075: Sign Programs
4.02.080: Specific Plan Minor Amendments/Alterations
4.02.085: Subdivisions—Lot Merger (Merger of Contiguous Parcels)
4.02.090: Subdivisions—Reversions to Acreage
4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps
4.02.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of discretionary permits or actions. A discretionary permit or action, as established by Table 2.02-1 (Review Matrix) of this Development Code, includes projects that require the exercise of judgment or deliberation when making a decision to approve, conditionally approve, or deny a particular activity.
4.02.005: Applicability
The Reviewing Authorities prescribed by Table 2.02-1 (Review Matrix) of this Development Code, shall consider a discretionary permit or action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the discretionary permit or action being considered.
4.02.010: Billboard Relocation Agreements
A. Purpose. The purpose of this Section is to establish a procedure to reduce the overall number of legally established nonconforming billboards within the City, allowing billboards to be relocated to locations within the City that are more suitable, and provide for more attractive, aesthetically pleasing billboard designs. In addition, Billboard Relocation Agreements are intended to reduce or eliminate the City's obligation to pay compensation for the removal of legal 147
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(Rev. 01.16.202412.03.2024)Page 4.02-2Ontario Development Code nonconforming billboards. Billboard Relocation Agreements are part of the City's demonstrated commitment to improve its overall aesthetic appearance.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, upon written recommendation of the Advisory Authority, is hereby empowered to approve, approve in modified form, or deny a Billboard Relocation Agreement for the relocation of legally established nonconforming billboards within the City, to a relocation site established pursuant to this Section, provided a minimum of two existing legal nonconforming billboards are removed.
2.Existing legally established nonconforming billboards may be relocated only as part of a Billboard Relocation Agreement.
3.A relocated billboard proposed pursuant to this Section shall require the concurrent filing of a Sign Plan application pursuant to Section 4.03.020 (Sign Plans) of this Development Code.
C. Definitions. For the purposes of this Section, the following definitions shall apply:
1."Major Gateway" means an entry into the City through a major transportation corridor or node (e.g., airport, arterial, and rail lines).
2."Regionally Significant" means a use that supports activities or economies at a scale greater than that of a single jurisdiction, drawing predominately from a market area that extends at least 20 miles beyond the City limits.
3."Underdeveloped" means a lot that is not developed to its highest and best use.
4."Visual Clutter" means disorganized, distracting, and/or competing graphics within public view, which contribute to visual blight.
D. Relocation Sites and Billboard Design Criteria. Generally, relocation sites are restricted to areas that are recognized as major gateways into the City, within or adjacent to a regionally significant project. The following considerations shall serve as guidelines for the placement and design of relocated billboards:
1.Site Criteria. The below-listed considerations shall serve as general guidelines for use by applicants and the City in the identification of potential suitable billboard relocation sites.
Specific sites within suitable areas will be negotiated through the Billboard Relocation Agreement process.
a.The area is developed with a legally established allowed use that is regionally significant;
b.The area does not have excessive visual clutter;
c.The proposed relocated billboard would be compatible with uses and structures on the site, and in the surrounding area;
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Ontario Development CodePage 4.02-3(Rev. 01.16.202412.03.2024) d.The proposed billboard would not create a traffic or safety problem with regard to on-site access, circulation, or visibility; and e.The proposed billboard would not interfere with on-site parking or landscaping required by City ordinance or permit.
2.Prohibited Sites. No Billboard shall be relocated to a site if it meets any of the following criteria:
a.The site is adjacent to any freeway (Interstate 10, Interstate 15, or State Route 60) or Euclid Avenue;
b.The site is located within the AG (Interim Agricultural Overlay) zoning district; c.The site is undeveloped or underdeveloped;
d.The site is within 3,000 FT of property located within a residential land use district shown on the Land Use Plan (Exhibit LU-01) of the Policy Plan (General Plan) component of The Ontario Plan; and
e.The site is within 3,000 FT of an existing billboard or electronic message center.
f.Interagency Relocation Exception. Notwithstanding the foregoing, a billboard may be relocated from a location outside the City, to any location within the City, pursuant to an agreement approved at the discretion of the City Council, between the City and another public agency, so long as the following findings can be clearly established:
(1)A minimum of 6 existing, legal nonconforming billboards shall be removed, at least 5 of which must be currently located within the City; (2)The billboard's relocation is necessitated by work being performed on the same freeway as the planned new site for the billboard; and (3)The public health safety and welfare are not impaired by the relocation.
3.Design Criteria. Typical billboard design with a large sign area mounted on a pole is not permitted. Pylon-type signs, which are structural elements with architectural treatment, are required. Suitable design shall be based on the following considerations:
a.The design should be integrated into the design scheme of the surrounding area and/or buildings;
b.The design shall provide architectural interest for the structure; and c.The design shall incorporate a top and base treatment to the billboard structure;
E. Candidate Billboards for Relocation. The following considerations shall serve as general guidelines in identifying candidate billboards for relocation:
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1.Areas of general priority for removal and relocation include redevelopment project areas, areas along major thoroughfares leading into commercial districts, areas visible to freeways and highways, and streets upon which billboards are heavily concentrated and contribute to existing visual clutter.
2.Candidate billboards must be legally established non-conforming billboards.
Illegally placed billboards shall not be candidates for Billboard Relocation Agreements.
F. Application Filing, Processing and Hearing. A Billboard Relocation Agreement application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
G. Findings. A Billboard Relocation Agreement shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The Agreement shall be denied if one or more of the below-listed findings cannot be clearly established.
1.The Billboard Relocation Agreement is consistent with the goals, policies, plans and exhibits of The Ontario Plan, the requirements of the Development Code, and any applicable specific plans, area plans, or planned unit developments;
2.The proposed relocation site is compatible with uses and structures on the site and in the surrounding area;
3.The Billboard Relocation Agreement contributes to the reduction of visual clutter in the City;
4.The proposed site complies with the relocation criteria established by this Section; and
5.The proposed billboard will not create a traffic or safety problem with regard to on- site access, circulation, or visibility.
4.02.015: Conditional Use Permits
A. Purpose. The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of technological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Conditional Use Permit, and to impose reasonable conditions upon the approval of the application.
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2.Conditional Use Permit approval shall be required prior to: [i] the establishment of those land uses, activities and facilities so identified in Table 5.02-1 (Land Use Matrix) of this Development Code; [ii] the conversion of any existing residential development project for sale, transfer, or conveyance as a common interest project pursuant to Section 6.08.045 (Conversion to a Residential Common Interest Project); [iii] the conversion of any existing commercial or industrial development project for sale, transfer, or conveyance, as a common interest project pursuant to Section 6.08.050 (Conversion to a Commercial or Industrial Common Interest Project); and [iv] the alteration/expansion of a nonconforming nonresidential land use or structure pursuant to Subsection 3.01.020.J (Alteration and/or Expansion of a Nonconforming Nonresidential Structure) of this Development Code.
C. Application Filing, Processing and Hearing. A Conditional Use Permit application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Conditional Use Permit shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1.The scale and intensity of the proposed land use would be consistent with the scale and intensity of land uses intended for the particular zoning or land use district.
2.The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.
3.The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Development Code and any applicable specific plan or planned unit development.
4.The proposed use at the proposed location would be consistent with the provisions of the Airport Land Use Compatibility Plan.
5.The establishment, maintenance, and operation of the proposed use at the proposed location would not be detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
E. Conditions of Approval.
1.In approving a Conditional Use Permit, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
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2.The conditions imposed on Conditional Use Permits may include provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements (public and private), site design, operational characteristics, land use compatibility, general character, appearance, environmental impact, time limits for commencement or termination of the construction or use authorized, revocation and use termination dates, and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.
3.A copy of the approving decision or resolution, and related conditions of approval (if any) issued by the Approving Authority shall be maintained on site and shall be made available for inspection upon demand by a City representative.
4.A Conditional Use Permit shall only apply to the approved particular use on a particular property, which may be transferred from one owner of the property to another successive owner of the same property.
5.All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Conditional Use Permit Modification/Revision.
1.Conditional Use Permits and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2.Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3.Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Conditional Use Permit, following the procedures set forth in this Section for Conditional Use Permit approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
G. Voluntary Surrender of a Conditional Use Permit. A Conditional Use Permit approved pursuant to this Development Code may be voluntarily surrendered, in writing, by the affected property owner. The procedure for Conditional Use Permit surrender shall be as follows:
1.The Reviewing Authority originally approving the subject Conditional Use Permit shall set a date and time on which the request will be considered. Notice of the hearing shall be given pursuant to Division 2.03 (Public Hearings) of this Development Code.
2.The notice shall indicate that any interested person may make a written request at any time prior to the advertised public hearing, or may request in person at the time of the advertised hearing, that a public hearing be held at the advertised date and time. If no hearing is requested, the Reviewing Authority may decide on the matter without a public hearing. If a pu 152
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Ontario Development CodePage 4.02-7(Rev. 01.16.202412.03.2024) blic hearing is requested, the Reviewing Authority shall conduct the public hearing pursuant to Division 2.03 (Public Hearings) of this Development Code.
3.The Reviewing Authority shall deny the surrender of the Conditional Use Permit only if it can be clearly shown that there is a compelling government interest in maintaining the Conditional Use Permit.
4.The decision of the Reviewing Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
4.02.020: Departures from Development Standards (Minor Adjustments/Alterations and Variances) A. Purpose. The purpose of this Section is to establish procedures by which departures from certain development standards may be permitted by this Development Code when certain specified circumstances exist.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny certain departures from certain development standards established by this Development Code, and to impose reasonable conditions upon the approval of such request.
2.The City's authority to grant departures from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.
C. Minor Adjustments/Alterations.
1.Purpose. Minor Adjustments/Alterations, like Variances, are intended to allow for departures from the strict application of the numerical development standards established by this Development Code, when their strict application would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the development regulations. Minor Adjustments/Alterations, however, are determined to have a lesser (minor) measure of impact than Variances, due to the limited measure of adjustment allowed; therefore, requiring a modified review process.
2.Applicability.
a.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Minor Adjustment/Alteration, and to impose reasonable conditions upon the approval of the application.
b.Minor Adjustments/Alterations may be approved for:
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(Rev. 01.16.202412.03.2024)Page 4.02-8Ontario Development Code (1)A reduction of up to 25 percent from minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; or
(2)A 10 percent increase in the maximum height of structures. c.A Minor Adjustment/Alteration shall not be approved for reductions in minimum lot size, lot coverage, lot dimension, landscape coverage, parking requirements, or for an increase in maximum density or floor area ratio.
3.Application Filing, Processing and Hearing.
a.A Minor Adjustment/Alteration shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
b.The applicant and the owners of all properties having a property line common with the affected property shall be notified of the proposed Minor Adjustment/Alteration pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code. Furthermore, the notice shall state that a public hearing shall not be required unless requested by the applicant, an abutting property owner, or other affected person or entity. c.A public hearing, if requested, shall be conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.
d.If no public hearing is requested, the Zoning Administrator shall approve, approve in modified form, or deny a Minor Adjustment/Alteration no less than 10 days following distribution of the notice required by Subparagraph D.3.b, above.
4.Findings and Decision. A Minor Adjustment/Alteration shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
a.The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code; b.There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district; c.The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d.The granting of the Minor Adjustment/Alteration will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.
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Ontario Development CodePage 4.02-9(Rev. 01.16.202412.03.2024) e.The proposed Minor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.
5.Conditions of Approval.
a.In approving a Minor Adjustment/Alteration, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b.All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
D. Variance.
1.Purpose. The City's authority to grant a Variance from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.
2.Applicability.
a.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, is hereby empowered to approve, approve in modified form, or deny a Variance application, and to impose reasonable conditions upon the approval of the application.
b.A Variance may be approved to allow deviation from any numerical development standard established by this Development Code with respect to minimum and/or maximum dimension, area, mass, and quantity, except that a Variance shall not be granted for increases in maximum density or floor area ratio.
c.A variance shall not be approved on a lot that authorizes a use or activity that is not otherwise expressly authorized by the zoning district governing the affected lot, nor shall the power to approve a Variance extend to any public health or safety standard, as this authority has been precluded by state laws.
3.Application Filing, Processing and Hearing. A Variance application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
4.Findings and Decision. A Variance shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after 155
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(Rev. 01.16.202412.03.2024)Page 4.02-10Ontario Development Code considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
a.The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code; b.There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district; c.The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d.The granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. e.The proposed Variance is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.
5.Conditions of Approval.
a.In approving a Variance, the Approving Authority, as applicable, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b.All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
4.02.025: Development Plans
A. Purpose. The purpose of this Section is to:
1.Establish a review process whereby the integrity and character of the physical fabric of the City will be protected in a manner consistent with the goals and policies of The Ontario Plan. This is ensured through the review of:
a.The suitability of building location;
b.Location and design of off-street parking and loading facilities; 156
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Ontario Development CodePage 4.02-11(Rev. 01.16.202412.03.2024) c.Location, design and dedication of streets and alleys (public and private facilities);
d.Location and design of pedestrian and vehicular entrances and exits; e.Location, design, materials and colors of walls and fences; f.Location, design, size, and type of landscaping (public and private facilities);
g.Location, design, and materials of hardscape areas, such as patios, sidewalks and walkways (public and private facilities); h.Drainage and off-site improvements (public and private facilities); i.Compatibility with the surrounding area;
j.Exterior building architectural design, materials and colors; k.Quality of proposed design and construction;
l.Location, type, design, colors, and materials of signs; and m.Any conditions affecting the public health, safety, welfare, and general aesthetic of the community.
2.Protect and preserve the value of properties and to encourage high quality development throughout the City, whereas adverse effects would otherwise result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildings and structures; inadequate and poorly planned landscaping; and failure to preserve, where feasible, natural landscape features, and open spaces.
3.Recognize the interdependence of land values and aesthetics, and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements consistent with The Ontario Plan, with due regard to the public and private interests involved.
4.Ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities are protected by the exercise of reasonable controls over the character and design of private buildings, structures, parking and loading facilities, landscaped areas, recreation amenities and open spaces.
5.Ensure the design of landscaping and irrigation that shades parking facilities and other paved areas, buffers or screens undesirable views and compliments building architecture and overall site design.
6.Ensure reasonable controls over the character, design and location of signs, and the appropriate use of well-designed signs that complement the architecture of surrounding buildings, while considering the public and private interests involved and the exercise of control over the undesirable use of excessive signage.
B. Applicability.
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1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Development Plan application, and to impose reasonable conditions upon a Development Plan approval.
2.Development Plan approval shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building, as follows:
a.The development of 3 or more dwelling units on a single lot; b.The development of 5 or more lots within a residential subdivision; c.The development of 5 or more dwelling units, regardless of the number of lots involved;
d.The development of a nonresidential building within a residential zoning district, or an addition thereto, which is in excess of 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
e.The development of a vacant lot within a nonresidential zoning district; f.The conversion of a commercial structure to a residential structure, or conversion of a residential structure to a commercial structure; g.The remodel of, or addition to, an existing nonresidential building, which results in an overall change in the architectural/aesthetic integrity, as determined by the Planning Director;
h.The remodel of, or addition to, a nonresidential building, which would result in the demolition and replacement/reconstruction of more than 50 percent of the existing building;
i.The conversion of a gasoline or fueling station to facilitate another allowed land use (see standards contained in Subsection 5.03.040,C (Conversion of Gasoline and Fueling Stations) of this Development Code);
j.An addition to an institutional facility (including religious assembly and places of worship, government services, healthcare services, and educational services), when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
k.Commercial developments and Tthe development of a permanent building within the CIV, OS-R, OS-C, or UC zoning district, when such development would exceed 500 SF of GFA (cumulative), or an addition thereto, when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less; l.The development of a permanent building within the AG zoning district, when such development would exceed 5,000 SF of GFA (cumulative), or an addition thereto, when such addition would exceed 25 percent of the original structure GFA or 5,000 SF (cumulative), whichever is less;
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Ontario Development CodePage 4.02-13(Rev. 01.16.202412.03.2024) m.The relocation (move-on) of a building within any zoning district; n.The addition of dwelling units to a multiple-family residential development project, when such addition would result in 3 or more dwelling units on a single lot after the addition;
o.An addition to a previously developed site within a commercial zoning district, when such addition would exceed 25 percent of the original structure GFA or 2,000 SF (cumulative), whichever is less;
p.An addition to a previously developed site within an industrial zoning district, when such addition would exceed 25 percent of the original structure GFA or 10,000 SF (cumulative), whichever is less;
q.A Tier 2 or Tier 3 wireless telecommunications facility pursuant to Section
5.03.420 (Wireless Telecommunications Facilities) of this Development Code; and r.Other projects, which, in the opinion of the Planning Director, require such level of review prior to issuance of a building permit, due to the size, nature and/or complexity of the project, or because the project could cause significant environmental impacts or generate significant neighborhood opposition or controversy.
3.A Development Plan shall remain in effect for the life of the affected development project, which shall be developed and maintained in substantial conformance with the plans as approved by the Approving Authority and shall be maintained on file with the City.
C. Application Filing, Processing and Hearing. A Development Plan application, except for wireless telecommunications facilities in the public right-of-way and facilities qualifying as Eligible Facilities Requests (EFRs), shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Applications to install wireless telecommunications facilities in the public right-of-way and for facilities qualifying as EFRs shall be filed and processed pursuant to the following:
1.Scope. There shall be a type of permit entitled a "Wireless Permit," which shall be subject to all of the requirements of this Section. Unless exempted, every person who desires to place a wireless telecommunications facility in the public right-of-way, modify an existing wireless telecommunications facility in the public right-of-way, or perform work as part of an EFR must obtain a Wireless Permit authorizing the placement or modification in accordance with this Section. Except for small cell facilities, facilities qualifying as EFRs, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless telecommunications facilities shall be permitted pursuant to this Section.
2.Approving Authority. The Zoning Administrator is the approving authority for wireless telecommunications facilities in the public right-of-way and facilities qualifying as EFRs.
3.Application Submittal. Applications shall be submitted on a City application form issued and amended, from time-to-time, by the Zoning Administrator.
4.Review and Action.
a.The Zoning Administrator shall review the application and then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall 159
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b.The wireless regulations and decisions on applications for placement of wireless telecommunications facilities in the public right-of-way and facilities qualifying as EFRs shall, at a minimum, ensure that the requirements of this Section are satisfied, unless it is determined that Applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Development Code may be waived by the Zoning Administrator, but only to the minimum extent required to avoid the prohibition or violation.
c.There will be no public hearings.
5.Appeals. The Applicant may appeal the decision to the Planning Commission, which may decide the issue de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility. Where the Zoning Administrator grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the Planning Commission. All appeals must be filed within 2 business days of the written decision of the Zoning Administrator, unless the Zoning Administrator extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
D. Findings and Decision. A Development Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established. Findings 1-4 do not apply to applications for wireless telecommunications facilities in the public right-of-way or facilities qualifying as EFRs, which are subject to the findings set forth by Paragraph 5, below.
1.The proposed development at the proposed location is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2.The proposed development is compatible with those on adjoining sites in relation to location of buildings, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located;
3.The proposed development will complement and/or improve upon the quality of existing development in the vicinity of the project and the minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project;
4.The proposed development is consistent with the development standards and design guidelines set forth in the Development Code, or applicable specific plan or planned unit development.
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5.Required findings for wireless telecommunications facilities in the public right-of- way and facilities qualifying as EFRs are as follows:
a.Except for EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1)The facility is not detrimental to the public health, safety, and welfare;
(2)The facility complies with this Development Code and all applicable design and development standards; and
(3)The facility meets applicable requirements and standards of state and federal law.
b.For EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1)That the application qualifies as an eligible facilities request; and (2)That the proposed facility will comply with all generally applicable laws.
E. Conditions of Approval.
1.In approving a Development Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.Conditions of approval imposed upon a Development Plan approval may include, but is not limited to, provisions concerning building height, bulk or mass; setbacks; lot coverage; lighting; private and common open space, and/or recreation amenities; screening, including garages, trash receptacles, mechanical and roof-mounted equipment and appurtenances; landscaping; walls and fences; vehicular parking, access and circulation; pedestrian circulation; on-site security; grading; street dedication and improvements (public and private); on and off-site public improvements (public and private) necessary to service the proposed development; project timing/phasing; loading and outdoor storage; architectural treatment; signage; vehicular trip reduction; graffiti removal; sound attenuation; reparation and recordation of covenants, conditions and restrictions, mutual access agreements, maintenance agreements and other similar agreements; property disclosure pursuant to BPC Section 11000 et seq.; and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.
3.All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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(Rev. 01.16.202412.03.2024)Page 4.02-16Ontario Development Code F. Development Plan Modifications/Revisions.
1.Development Plans and/or their conditions of approval may be modified/revised upon application by a project applicant or property owner if different from the applicant. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
2.Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3.Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Development Plan, following the procedures set forth in this Section for Development Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.030: Extensions of Legal Nonconforming Status
A. Purpose. The purpose of this Section is to establish a process whereby the date that a legal nonconforming use would lose its legal nonconforming status pursuant to Section 3.01.015 (Nonconforming Land Use) of this Development Code, may be extended to allow additional time to complete the sale of the affected property or structure, secure tenants for the affected property or structure, and/or obtain necessary permits or the completion of necessary improvements.
B. Applicability. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Extension of Legal Nonconforming Status application, and to impose reasonable conditions upon the approval of the application.
1.The submittal of an application requesting an Extension of Legal Nonconforming Status shall automatically extend the legal nonconforming status of a land use or structure for an initial period of 60 days to allow for the processing of the request pursuant to the procedures prescribed by this Section. The Zoning Administrator may then approve an additional 120-day extension, for a total of 180 days.
2.If due to unforeseen circumstances, a property/structure owner is unable to complete the sale of the affected property, secure necessary tenants for the property or structure, and/or obtain necessary permits and complete all necessary tenant improvements to allow for occupancy of the affected property or structure within the period established by Subsection B.2, above, (180 days), the Approving Authority may grant additional extensions, not to exceed a total of one-year.
C. Application Filing, Processing and Hearing. An Extension of Legal Nonconforming Status application shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. 162
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Ontario Development CodePage 4.02-17(Rev. 01.16.202412.03.2024) D. Findings and Decision. An Extension of Legal Nonconforming Status shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and comments and testimony provided by the public, only after considering and clearly establishing all of the below-listed findings, and giving reasons in support of each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.The applicant has made a good faith effort to keep the nonconforming status;
2.A physical and/or economic hardship has prevented the nonconforming use from being reestablished prior to the expiration date;
3.Approving the extension will not adversely affect the character, integrity, or value of surrounding properties;
4.Approving the extension will not adversely affect the character, integrity, or general welfare of the neighborhood; and
5.The extension will not adversely impact the public health, safety, or welfare of the City's residents.
E. Conditions of Approval.
1.In approving an Extension of Legal Nonconforming Status, the Approving Authority, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
4.02.040: Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
A. Purpose. The purpose of this Section is to establish procedures by which Local Historic Landmarks and Districts, Historic Resource Tiering, and Architectural Conservation Areas may be designated
B. Applicability.
1.Designation of Historic Landmarks and Districts, Historic Resource Tiering and Architectural Conservation Areas. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Historic Landmark and District Designations, Historic Resource Tiering and Architectural Conservation Areas application. 163
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2.Local Landmark Designation. A historic resource may be designated an "historic landmark" by the City if it meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
a .The historic resource exemplifies or reflects special elements of the City's history;
b .The historic resource is identified with persons or events significant in local, state, or national history;
c .The historic resource is representative of the work of a notable builder, designer, architect, or artist;
d .The historic resource embodies distinguishing architectural characteristics of a style, type, period, or method of construction;
e .The historic resource is a noteworthy example of the use of indigenous materials or craftsmanship;
f .The historic resource embodies elements that represent a significant structural, engineering, or architectural achievement or innovation; g .The historic resource has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community, or the City;
h .The historic resource is one of the few remaining examples in the City, region, state or nation, possessing distinguishing characteristics of an architectural or historical type or specimen: or
i.The historic resource has yielded, or is likely to yield, information important to the City's history or prehistory.
3 .Local Historic District Designation. A neighborhood or area listed as a historic resource may be designated a "Local Historic District" by the City if the neighborhood meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
a.The historic resource is a geographically definable area possessing a concentration of historic resources or a thematically related grouping of structures that contribute to each other and are unified by plan, style, or physical development, and embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values;
b.The historic resource reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design, or community planning; c.The historic resource is associated with, or the contributing resources are unified by, events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; or 164
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Ontario Development CodePage 4.02-19(Rev. 01.16.202412.03.2024) d.The historic resource is, or the contributing resources are, associated with the lives of persons important to the City, State or National history.
4.Additional Historic Resource Evaluation Criteria. In addition to the "significance," criteria established in Paragraph B.2 (Local Landmark Designation) and Paragraph B.3 (Local Historic District Designation) of this Section, historic resources must have "integrity" for the time in which they are "significant." The period of "significance" is the date or span of time within which significant events transpired or significant individuals made their important contributions. The term "integrity" means the authenticity of a historical resource's physical identity, as evidenced by the survival of characteristics or historic or prehistoric fabric that existed during the resource's period of significance. Only after significance has been established, should the issue of integrity be addressed. The following criteria should be considered when evaluating properties for integrity:
a.Design. Any alterations to the property should not have adversely affected the character defining features of the property. Alterations to a resource or changes in its use over time may have historic, cultural or architectural significance. b.Setting. Changes in the immediate surroundings of the property (e.g., buildings, land use and topography) should not have adversely affected the character of the property.
c.Materials and Workmanship. Any original materials should be retained, or if they have been removed or altered, replacements have been made that are compatible with the original materials.
d.Location. The relationship between a property and its location is an important component in determining integrity. The place where the property was built and where historic events occurred is often important to understanding why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in a few cases, the relationship between a property and its historic associations is destroyed if the property is moved.
e.Feeling. The term "feeling" means a property's expression of the aesthetic or historic sense of a particular period. It results from the presence of physical features that, taken together, convey the property's historic character. For example, a rural historic district, such as the Guasti Winery, retaining original design, materials, workmanship and setting, will relate the feeling of agricultural life in the 19th century.
f.Association. The term "association" means the direct link between an important historic event or person, and a historic property. A property retains its association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like "feeling," association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War battlefield, whose natural and manmade elements have remained intact since the 18th century, will retain its quality of "association" with the battle.
Because "feeling" and "association" depend upon individual perceptions, their retention alone is never sufficient to support eligibility. Historic resources must retain enough of their historic or prehistoric character or appearance to be recognizable as historic resources, and to convey the reasons for their significance.
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(Rev. 01.16.202412.03.2024)Page 4.02-20Ontario Development Code C. Application Filing, Processing, and Hearing. Historic Preservation—Historic Landmark and Historic District Designation applications shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Section.
All eligible historic resources nominated for designation as a Landmark or a Historic District shall be evaluated, processed, and designated a Tier pursuant to Subsection G (Historic Resource Tiering System) of this Section, concurrently with the application for landmark or historic district designation.
D. Local Historic Landmark and District Designation Application Findings and Decision.
1.Within the 30-day period following acceptance of a Historic Preservation—Historic Landmark and District Designations application as complete pursuant to the applicable provisions contained in Section 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Advisory Authority shall make a preliminary determination as to whether the requested Local Historic Landmark or Local Historic District designation is appropriate, based upon the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section. If it is determined that the proposed resource merits further consideration, the application shall be forwarded to the subsequent Advisory Authority. If the proposed resource does not merit further consideration due to failure of the property to meet the applicable designation criteria, the application shall be denied.
2.Upon receipt of the Advisory Authority's recommendation, the subsequent Advisory Authority shall make a recommendation to the Approving Authority to grant or deny a Historic Preservation—Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department's written report, after considering and clearly establishing the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion.
3.The Approving Authority may grant or deny a Historic Preservation—Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department's written report, after considering and clearly establishing the applicable designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion.
E. Permits. No building, alteration, demolition, or removal permits for any proposed Local Landmark or Local Historic District shall be issued after a Historic Preservation—Landmark or District Designation application has been filed with the Planning Department, until such time that any public hearing or appeal proceedings regarding the application have been completed.
F. Automatic Designations.
1 .Any property listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic Landmark. 2 .Any neighborhood or area listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic District.
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Ontario Development CodePage 4.02-21(Rev. 01.16.202412.03.2024) 3 .Any property identified as a contributing structure to a historic district listed on the National Register of Historic Places or the California Register of Historic Resources shall be considered a contributing structure within the historic district.
G. Historic Resource Tiering System. The Historic Preservation Commission shall be responsible for the adoption of the Historic Resource Tier Designation List, which shall be maintained by the Historic Preservation Subcommittee. A historic resource may be designated "Tier I, Tier II, or Tier III" by the Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code, to establish a ranking of historic resources within the City, based upon the determined significance of each resource, as specified below. For the purpose of this Section, upon determining the appropriate tier designation for a historic district, the Approving Authority may rank all contributing structures within that district into the same tier designation. Tier I, II and III historic resources shall be judged based upon their determined degree of significance, pursuant to the criteria contained in Subsection H (Historic Resource Tiering Criteria) of this Section.
1.Tier I. Tier I consists of historic resources that should not be demolished or significantly altered under any circumstances, regardless of their designation status. Resources within this tier are determined to be the City's most significant historical or cultural resources. Tier I resources shall meet one or more of the following:
a.A resource listed on the Ontario Register that meets at least one of the criteria within the Architecture/Form category, and 3 criteria within the History category, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or b.A contributing resource within a district that meets at least one of the criteria within the Architecture/Form Category and 3 criteria within the History Category as listed below.
2.Tier II. Tier II consists of historic resources wherein demolition of these properties should be avoided. Tier II resources shall meet one or more of the following:
a.Any historic resource listed or determined eligible for listing in the National Register of Historic Places;
b.Any historic resource listed or determined eligible for listing in the California Register of Historic Resources;
c.A historic resource listed on the Ontario Register and meets at least 2 criteria within the Architecture/Form or History categories, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or
d.A contributing resource within an eligible historic district wherein the district meets at least 2 of the criteria in either the Architecture/Form or History categories as listed in Subsection H (Historic Resource Tiering Criteria) of this Section.
3.Tier III. Tier III consists of historic resources that are Designated Local Historic Landmarks, are contributing properties within Designated Local Historic Districts, or are eligible historic resources. Demolition of these resources should be avoided where possible but may be appropriate under certain circumstances.
H. Historic Resource Tiering Criteria. The following listing contains criteria to be used in determining the Tier designation of a historic resource:
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1.Local Historic Landmark.
a.Architecture/Form.
(1)The resource is prototypical, or one of the finest examples, of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or
(2)The resource is the first, last, only, or one of the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
b.History.
(1)The resource is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation; (2)The resource is associated with a business, company, or individual that has made a significant cultural, social, or scientific contribution to the City, State, or Nation; (3)The resource is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation; (4)The resource embodies the ideals or principles of the "Model Colony" or furthers the ideals or principals established by the Chaffey Brothers; (5)The resource has a direct relationship to one of the principal historic contexts in the City's history, including the "Model Colony," (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry;
(6)The resource is related with a business, company, or individual significant in the agricultural history of the City; or (7)The resource is related to the archeological past of the region.
2.Local Historic Districts.
a.Architecture/Form.
(1)The district contains resources that are a prototype of, or one of the finest examples of, or the first, last, only, or few remaining groupings of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or (2)The district contains resources that are the first, last, only, or the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
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Ontario Development CodePage 4.02-23(Rev. 01.16.202412.03.2024) b.History.
(1)The district is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation; (2)The district is associated with a business, company, or individual that has made a significant, cultural, social, or scientific contribution to the City, State, or Nation; (3)The district is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation; (4)The district embodies the ideals or principles of the "Model Colony," or furthers the ideals or principals established by the Chaffey Brothers; (5)The district has a direct relationship to one of the principal historic contexts in the City's history, including the "Model Colony," (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry, or the citrus industry; or (6)The district is related with a business, company, or individual significant in the agricultural history of the City.
I. Architectural Conservation Area. An area may be designated an "Architectural Conservation Area" by the Approving Authority if the area meets any one of the below-listed criteria; however, these criteria do not evaluate for historic significance. As a result, properties within Architectural Conservation Areas are not qualified for historic landmark or historic district consideration. The criteria for establishing an Architectural Conservation Area are as follows:
1.The area is geographically definable and conveys a sense of architectural cohesiveness through its design, setting, materials, workmanship, or association; or
2.The area reflects significant geographical patterns, including those associated with different areas of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design or community planning, or represents established and familiar visual features in the community.
3.Alternately, an area may be designated an Architectural Conservation Area by the City if a conservation plan has been prepared pursuant to Section 4.02.055 (Historic Preservation—Conservation Plans), outlining the character defining features of the neighborhood and appropriate design guidelines that will maintain the character of the neighborhood.
4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource A. Purpose. The purpose of this Section is to establish a process by which a historic resource may rescind or amend its assigned status, including a Local Landmark or Local District Designation, a Tier Designation, an Eligibility Determination, or an Architectural Conservation Area.
B. Applicability. The Approving Authority for the original application type, pursuant to Table
2.02-1 (Review Matrix) of this Development Code, is hereby empowered to approve, approve in modified form, or deny a request to rescind or amend the assigned status of a Local Historic 169
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(Rev. 01.16.202412.03.2024)Page 4.02-24Ontario Development Code Landmark or Local Historic District Designation, Tier Designation, Eligibility Determination, or Architectural Conservation Area.
C. Addition to the Ontario Register. Any property or grouping of properties surveyed at the intensive level pursuant to standards established by the California Office of Historic Preservation, and determined to meet the designation criteria for local historic landmarks or local historic districts set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Development Code, shall be determined by the Approving Authority to be an "eligible" historic resource.
D. Removal of Eligible or Nominated Historic Resources from the Ontario Register. An eligible historic resource or a nominated historic resource may be removed from the Ontario Register, as follows:
1.Any historic resource listed on the Ontario Register may be removed by the Approving Authority if the resource has lost all historic and/or cultural significance due to a catastrophe causing a loss of integrity, or the resource has lost all historical and/or cultural significance due to extensive legally performed alteration(s), which has caused a loss of integrity after the property was initially surveyed.
2.Any historic resource listed on the Ontario Register may be removed by the Approving Authority upon reevaluation of the resource at the request of the property owner, or upon initiation by the City, if the most recently prepared Historic Resource Survey evaluating the resource is more than 5 years old.
3.The Historic Preservation Subcommittee shall evaluate a historic resource utilizing the designation criteria set forth in Paragraph 4.02.040.B.2 (Local Landmark Designation) of this Division. Furthermore, when a historic resource is located within an eligible local historic district, the area or neighborhood shall also be evaluated using the designation criteria set forth in Paragraph
4.02.040.B.3 (Local Historic District Designation) of this Division, and shall be evaluated to determine if it contributes to the significance of the district. The Approving Authority may retain a noncontributing property within a proposed or potential historic district.
4.Any reevaluation of a property shall be valid for a 5-year period.
E. Amending or Rescinding a Local Landmark, Local Historic District, or a Tier Designation from the Ontario Register. A local landmark, local historic district, or a tier designation may be amended or rescinded from the Ontario Register, if:
1.It is discovered that the information relied upon by the Advisory Authority and/or Approving Authority in making the original designation, was erroneous or false;
2.New information compromises the significance of a historic resource;
3.The historic resource has been demolished, relocated, or removed; or
4.The historic resource has been rendered ineligible for designation due to a catastrophic event, beyond the owner's control, which has destroyed the resource to the point where it is considered a hazard to the public health and safety, and the restoration of the resource is not feasible.
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4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources
A. Purpose. The purpose of this Section is to establish a process to ensure that any alteration to, or demolition of, an eligible or designated historic resource within the City is in keeping with the historic character of the resource.
B. Applicability.
1 .The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Certificate of Appropriateness application, and to impose reasonable conditions upon the approval of the application.
2 .A Certificate of Appropriateness shall be required for any:
a .Alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource. Certificate of Appropriateness approval shall be required even if the City requires no other permits; b .For any work to the exterior of any noncontributing resource in a Historic District or on a historic property. A reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility; c .Infill development within a historic district or on a historic property; and d.Any demolition, whether in whole or in part, of a historic resource or a noncontributor within a designated historic district in conjunction with a demolition application. 3 .No permit shall be issued for work on a historic resource until a Certificate of Appropriateness or Waiver has been issued in accordance with the provisions of this Division. 4 .Once a Certificate of Appropriateness has been issued, the Planning Department, from time to time, shall inspect the work to ensure that it is being carried-out in compliance with the approved Certificate of Appropriateness and shall issue a Certificate of Completion prior to any final inspection or occupancy by any City Department to ensure the work has been satisfactorily completed.
C. Application Filing, Processing and Hearing. A Historic Preservation—Certificate of Appropriateness application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section, except as follows:
1.Determination of Significance.
a.Upon acceptance of a Historic Preservation—Certificate of Appropriateness application as complete for processing pursuant to Subsection 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Historic Preservation Subcommittee shall evaluate the affected historic resource for significance, which shall include a review conducted by the Planning Department consisting of an evaluation of the resource's eligibility for listing on the National Register of Historic Places, the California Register of Historic 171
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(Rev. 01.16.202412.03.2024)Page 4.02-26Ontario Development Code Resources, or the Ontario Register. The review may also include the preparation of a Historic Resource Survey, at the intensive level, pursuant to the standards set forth by the California Office of Historic Preservation.
b.A historic resource that does not meet the criteria for designation set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, and not located within a designated, proposed, or potential district, shall be removed from the Ontario Register and the Certificate of Appropriateness shall be deemed approved. A resource that meets the designation criteria set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, shall be further processed pursuant to this Section.
2.Environmental Review.
a.Upon determination that a historic resource is "significant," an environmental review shall be conducted pursuant to Section 2.02.020 (Environmental Review) of this Development Code; however, in determining the appropriate level of review for the demolition of a historic resource, the tiering system established pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division shall be utilized. b.Any historic resource proposed for demolition, which is determined to be within Tier III pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division, shall require preparation of an Addendum to The Ontario Plan Environmental Impact Report pursuant to the requirements of CEQA and the implementing guidelines, and City's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications. c.Any historic resource proposed for demolition, which is determined to be within Tier I or Tier II pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division, shall require preparation and certification of an Environmental Impact Report pursuant to the requirements of CEQA and the implementing guidelines, and City's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications.
3.Hearing. Each Advisory or Approving Authority shall hold at least one hearing on the application, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.
4.Advisory Authority Review and Recommendation. Following completion of all required environmental review pursuant to Paragraph C.2 (Environmental Review) of this Subsection, the Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form or deny the application. The Advisory Authority's recommendation shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority, within 60 days following the date the decision was rendered.
The 60-day time limit may be extended by mutual agreement of the applicant and City.
5.Approving Authority Review and Action.
a.Upon receipt of the Advisory Authority's recommendation, the Approving Authority shall approve, conditionally approve, or deny the application, either in whole or in part.
The action of the Approving Authority shall be by written decision, setting forth the basis for the 172
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Ontario Development CodePage 4.02-27(Rev. 01.16.202412.03.2024) action and shall include all applicable findings prescribed by Subsection D (Findings and Decision), below.
b.The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
D. Findings and Decision.
1.Designated Historic Landmarks, Contributors, and Non-Contributors and Eligible Historic Resources.
a.A Historic Preservation—Certificate of Appropriateness application for Designated Historic Landmarks and Contributors, or Eligible Historic Resources, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established. (1)The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect any significant architectural feature of the resource;
(2)The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect the historic character or value of the resource;
(3)The proposed alteration, restoration, relocation, or construction will be compatible with the exterior character-defining features of the historic resource; and (4)The proposed alteration, restoration, relocation, or construction will not adversely affect or detract from the character of the historic district.
2.Demolition of Historic Resources.
a.A Historic Preservation—Certificate of Appropriateness and Demolition application for the Demolition Of Historic Resources shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
(1)The proposed demolition is necessary because all efforts to restore, rehabilitate, and/or relocate the resource have been exhausted; (2)The proposed demolition is necessary because
restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation;
(3)The proposed demolition is necessary because failure to demolish the resource would adversely affect or detract from the character of the District; and 173
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(Rev. 01.16.202412.03.2024)Page 4.02-28Ontario Development Code (4)The resource proposed to be demolished has been assigned a Tier III designation.
3.Instances Wherein Findings Are Not Required. The Approving Authority may act upon Historic Preservation—Certificate of Appropriateness and/or Demolition applications for Tier I and Tier II historic resources that are designated historic landmark contributors and noncontributors to historic districts, or eligible historic resources , without making the findings contained in Paragraph D.1 (Designated Historic Landmarks, Contributors, and Non-Contributors and Eligible Historic Resources) or Paragraph D.2 (Demolition of Historic Resources) of this Subsection, if a Historic Preservation—Certificate of Economic Hardship has been granted pursuant to Section 4.02.055 (Historic Preservation—Certificates of Economic Hardship) of this Division.
E. Conditions of Approval.
1.In approving Historic Preservation—Certificate of Appropriateness and/or Demolition applications, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
3.In approving Historic Preservation—Certificate of Appropriateness and/or Demolition applications, the following conditions of approval shall be imposed, and shall be completed prior to commencing any demolition work:
a.Each historic resource shall be fully documented and cataloged pursuant to Historic American Building Survey/Historic American Engineering Record (HABS/HAER) standards, to provide a record of the resource, including, but not limited to: [i] the preparation of site plans, floor plans, exterior and interior elevations, and detail drawings of character defining features (such as moldings, stairs, etc.); and [ii] photographs of the resource, including the exterior, interior, and interior and exterior character defining features (such as moldings, light fixtures, trim patterns, etc.).
b.A mitigation fee established pursuant to Section 7.01.025 (Historic Preservation Mitigation Fee) shall be paid to the City prior to the issuance of a demolition permit for Tier III historic resources. Fees for Tier I and II historic resources shall be determined during the Environmental Impact Report process. The fees established for Tier III will be used as a reference point for establishing fees for Tier I and II historic resources. c.A Certificate of Appropriateness shall not be issued for the demolition of an historic resource, either in whole or in part, until such time that a demolition permit application and a replacement structure has been approved by the City, and appropriate permits have been issued for its construction, unless: [i] a waiver is granted pursuant to Subsection H (Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts) of this Section; [ii] a deferral of the replacement structure requirement is granted pursuant to Subsection G 174
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Ontario Development CodePage 4.02-29(Rev. 01.16.202412.03.2024) (Replacement Structure Deferral) of this Section; or [iii] demolition is required pursuant to Section
7.01.050 (Unsafe or Dangerous Conditions) of this Development Code. d.In an effort to preserve features and artifacts from historic resources, a determination whether items within or on the resource should be salvaged must be made by the Planning Department and may include the local historical society prior to the issuance of the demolition permit. The applicant shall be responsible for the removal, relocation, storage, and donation of such items selected for salvaging. The applicant shall provide an inventory of salvaged items to the Planning Department, and shall include a list of each item name, description and dimension (as necessary), and the location of each item on a floor plan.
F. Certificate of Appropriateness Waivers. The Approving Authority may waive the requirement for Certificate of Appropriateness approval for certain alterations, restorations, rehabilitations, remodeling, repainting, resurfacing, and additions to historic resources, as follows:
1.A waiver may be issued for work that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the guidelines set forth in Division 7.01 (Historic Preservation) of this Development Code.
2.A waiver may be issued for minor alterations to historic resources, provided no change in appearance occurs or the proposed change restores period features, including but not limited to, chimneys; fences and walls, including construction, demolition, or alteration of side, rear and front yard fences and walls; foundations; landscaping, unless the Landmark designation specifically identifies the landscape, layout, features or elements as having particular historical, architectural or cultural merit; roofing, provided a 30 year dimensional shingle, or an aesthetically equivalent dimensional shingle is used, and the replacement shingle must maintain the architectural character of the historic resource in terms of scale, pattern, texture, and coloration; and signage, including directional, monument, wall and window signs.
3.A waiver may be issued for the construction of residential accessory structures and additions less than 650 SF in area or 50 percent of the existing original historic building area, whichever is less, to historic resources that are not visible from a public right-of-way, excluding public alleys.
G. Replacement Structure Deferral. The Approving Authority may defer the obligation to construct replacement structures as a requirement for approval of the demolition of a historic resource, if the ultimate project proposed for the site of the demolition provides an exceptional benefit to the community.
1.Findings. A Replacement Structure Deferral shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and any public testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
a.The demolition is necessary to allow the acquisition and assembly of land for a future redevelopment or housing project within a redevelopment project area; b.The future project will provide exceptional benefits to the City with respect to employment, fiscal, social, housing and economic needs of the community, or will provide new 175
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(Rev. 01.16.202412.03.2024)Page 4.02-30Ontario Development Code public facilities that are needed by the City (such as off-site improvements, parks, open space, recreation, or other community facilities, not including parking lots); and c.Failure to demolish the historic structures could hinder the ability of the City to revitalize or redevelop a blighted lot or area of the City or meet housing production requirements.
2.Condition of Approval. In granting a deferral of the replacement structure requirement, the Approving Authority shall impose a condition of approval requiring any new project on the subject site to be designed pursuant to the infill development guidelines listed in Subsection I (Infill Development Guidelines) of this Section, to insure compatibility with the surrounding area or neighborhood. The Historic Preservation Subcommittee shall make a recommendation to the Approving Authority for the replacement structure regarding compliance with the infill development guidelines.
H. Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts. The Approving Authority may waive the obligation to construct replacement structures as a requirement for approval of the demolition of a Tier III Historic Resource, if the site is located in an Industrial Zone. The waiver shall be acted on based upon the information provided in the submitted application, after considering and clearly establishing all of the below-listed findings and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.The Tier III Historic Resource is a residential building located in an Industrial Zoning District;
2.Approving the deferral will not adversely affect the character, integrity, general welfare of the surrounding neighborhood, residents, and adjacent properties;
3.Conversion and/or rehabilitation of the residential home is not economically feasible, demonstrated through market analysis, construction costs, structural reports, property and building conditions assessments, and/or any other study/report deemed necessary by the Planning Director;
I. Infill Development Guidelines. The following infill development guidelines shall be incorporated into the design of all new structures proposed within a designated, proposed, or potential Historic District, or on a historic property, pursuant to this Division:
1.New buildings, structures, or improvements constructed within a historic district shall be designed to be compatible with the architectural style, features, and historic character of the district.
2.New buildings shall be compatible with the original style of the contributing buildings within a historic district. The design of the new building shall incorporate the following considerations:
a.The design shall incorporate the design features and details of contributing structures;
b.The height, width, and length of the new building shall be consistent with the original characteristic of the contributing structures; and 176
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Ontario Development CodePage 4.02-31(Rev. 01.16.202412.03.2024) c.The exterior materials and treatment shall be similar to the contributing structures.
3.New buildings, structures, and/or improvements constructed on a historic property shall be designed to be compatible with the architectural style and features of contributing historic buildings located on the historic property.
4.New buildings shall be compatible with the original architectural style of the contributing historic buildings on the historic property. The design of the new building shall incorporate the following considerations:
a.The design shall incorporate the design features and details of the historic structure;
b.The height, width, and length of the new building shall be consistent with the original characteristic of the historic building; and c.The exterior materials and treatment shall be similar to the historic building.
J. Certificate of Appropriateness Modification/Revision.
1.Historic Preservation—Certificates of Appropriateness and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2.Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3.Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation—Certificate of Appropriateness, following the procedures set forth in this Section for Historic Preservation— Certificate of Appropriateness approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.055: Historic Preservation—Certificates of Economic Hardship A. Purpose. The purpose of this Section is to establish a process to ensure that denial of a Certificate of Appropriateness and/or a Demolition Application does not create any undue hardship upon the owner of a Tier I or Tier II historic resource.
B. Applicability.
1.The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Certificate of Economic Hardship application. 177
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2.A Certificate of Economic Hardship may be filed concurrently with a Certificate of Appropriateness and/or Demolition Application in cases where the alteration, restoration, rehabilitation, remodel, addition to a historic resource, or demolition, partially or in whole, in compliance with the Certificate of Appropriateness and/or Demolition Application, would cause an immediate and substantial financial hardship. Furthermore, the denial of the Certificate of Appropriateness and/or Demolition Application would deny the property owner all reasonable beneficial use of, or return on, the property.
3.No action shall be taken to demolish or otherwise alter the historic resource for a period of 14 days following the issuance of a Certificate of Economic Hardship.
C. Application Filing, Processing and Hearing. A Historic Preservation—Certificate of Economic Hardship application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Historic Preservation—Certificate of Economic Hardship application shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.Denial of the application will diminish the value of the subject property so as to leave substantially no value;
2.Sale or rental of the property is impractical, when compared to the cost of holding the property for uses permitted in the underlying zoning district;
3.An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
4.Rental at a reasonable rate of return is not feasible;
5.Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community, and
6.All means involving City sponsored incentives, such as a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements, have been explored to relieve possible economic disincentives.
4.02.060: Historic Preservation—Conservation Plans
A. Purpose. The purpose of this Section is to establish a process to expedite the review process for project areas in which numerous historic resources within a single project area would require the issuance of multiple Certificates of Appropriateness for proposed work to those Historic Resources.
B. Applicability. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny 178
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Ontario Development CodePage 4.02-33(Rev. 01.16.202412.03.2024) a Historic Preservation—Conservation Plan application and to impose reasonable conditions upon the approval of the application.
C. Application Filing, Processing and Hearing. A Historic Preservation—Conservation Plan application shall be filed, processed, and acted upon pursuant to the requirements for Historic Preservation—Certificates of Appropriateness, contained in Section 4.02.050 (Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources) of this Development Code, and the provisions of this Section.
D. Findings and Decision. A Historic Preservation—Conservation Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect any significant architectural feature of Historic Resources;
2.The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect the historic character or value of Historic Resources;
3.The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will be compatible with the exterior features of other improvements within the plan area; and
4.The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not adversely affect or detract from the character of the plan area.
E. Conditions of Approval.
1.In approving a Historic Preservation—Conservation Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
F. Conservation Plan Modification/Revision.
1.Historic Preservation—Conservation Plans and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing). 179
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2.Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Zoning Administrator, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3.Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation—Conservation Plan, following the procedures set forth in this Section for Historic Preservation—Conservation Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.065: Historic Preservation—Mills Act Contracts
A. Purpose. The purpose of this Section is to establish a process by which economic incentives may be provided for the preservation of a designated historic landmark or contributing structure within a designated historic district.
B. Applicability.
1.The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Mills Act Contract (Contract) application.
2.Pursuant to GC Section 50280, et seq., the owner(s) of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, may request to enter into a Mills Act Contract with the City.
C. Application Filing, Processing and Hearing.
1.Historic Preservation—Mills Act Contract applications shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
2.The owner shall furnish the Approving Authority with any information the Approving Authority shall require in order to enable it to determine the eligibility of the property involved.
D. Findings and Decision.
1.A Historic Preservation—Mills Act Contract shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing [i] the eligibility of the property involved, [ii] the appropriateness and sequencing of the improvements proposed, and [iii] the fiscal benefits derived from those improvements.
2.No later than 20 days after the City enters into a Mills Act Contract with an owner pursuant to this Section, the City Clerk shall record a copy of the Contract with the county recorder, which shall fully describe the affected property. 180
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Ontario Development CodePage 4.02-35(Rev. 01.16.202412.03.2024) E. Required Contract Provisions. Pursuant to GC Section 50281, any Mills Act Contract entered into under this Section shall contain the following provisions:
1.The term of the Contract shall be for a minimum period of 10 years.
2.Where applicable, the Contract shall provide for the following:
a.The preservation of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code; b.The periodic examinations of the interior and exterior of the premises by the City, San Bernardino County Assessor, the Department of Parks and Recreation, and the State Board of Equalization, as may be necessary to determine the owner's compliance with the Contract; and
c.The Contract shall be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the Contract as the original owner who entered into the Contract.
F. Term of Contract. Each Mills Act Contract shall provide that on the anniversary date of the Contract, or other annual date specified in the Contract, a year shall be automatically added to the initial term of the Contract unless notice of nonrenewal is given pursuant to Subsection G (Contract Nonrenewal), below. If the property owner or the Approving Authority desires within any year not to renew the Contract, that party shall serve written notice of nonrenewal of the Contract on the other party in advance of the annual renewal date of the Contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the Approving Authority at least 60 days prior to the renewal date, one year shall be automatically added to the term of the Contract.
G. Contract Nonrenewal.
1.Upon receipt by the owner of a notice of nonrenewal from the Approving Authority, the owner may make a written protest of the notice. The Approving Authority may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
2.If, within any year, the Approving Authority or the owner serves notice of intent not to renew the Contract, the existing Contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the Contract, as applicable.
H. Contract Cancellation.
1.The Approving Authority may cancel a Mills Act Contract if it determines that the owner has breached any of the conditions of the Contract provided for in this Section or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. The Approving Authority may also cancel a Contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the Contract.
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2.A Mills Act Contract shall not be canceled until after the Reviewing Authorities have given notice of, and has held, a public hearing on the matter pursuant to Division 2.03 (Public Hearings) of this Development Code.
3.If a Mills Act Contract is canceled pursuant to Paragraph G.1, above, the owner shall pay a cancellation fee equal to 12.5 percent of the current fair market value of the property, as determined by the county assessor as though the property were free of the contractual restriction.
4.As an alternative to cancellation of a Mills Act Contract for breach of any condition, the City, or any landowner may bring any action in court necessary to enforce a Contract, including, but not limited to, an action to enforce the Contract by specific performance or injunction.
5.In the event that property subject to Mills Act Contract under this Section is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the Approving Authority to frustrate the purpose of the Contract, the Contract shall be canceled and no fee shall be imposed as required under Paragraph G.3, above. Furthermore, the Contract shall be deemed null and void for all purposes of determining the value of the acquired property.
I. Amendment to Work Program. Upon request of the property owner(s), the Planning Director may approve amendments to a Mills Act Contract Work Program, subject to the following:
1.The items listed in the proposed Work Program are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the guidelines set forth in this Development Code;
2.The Work Program shall be completed within the 10-year period following Contract enactment, unless extended by action of the City Council; and
3.The proposed Work Program shall have an equal or greater preservation and monetary value than the previously approved Work Program.
4.02.070: Master Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing official Master Plans of the City, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Applicability.
1.The Approving Authority is hereby empowered to approve, approve in modified form, or deny an official Master Plan of the City, or any amendment thereto, and to impose reasonable conditions upon the Master Plan approval.
2.The Master Plans subject to the provisions of this Section include the following:
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Ontario Development CodePage 4.02-37(Rev. 01.16.202412.03.2024) a.5-Year Capital Improvement Program (CIP) Master Plan prepared pursuant to GC Section 66540.32(b)(2)(H);
b.Fiber Optic Master Plan;
c.Parks Master Plan;
d.Citywide Streets Master Plan;
e.Sewer Master Plan;
f.Storm Drain Master Plan;
g.Water/Recycled Water Master Plan.
3.A Master Plan of the City shall be an internally consistent, action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear and concise policy guidance.
C. Application Filing, Processing, and Hearing. The adoption of a Master Plan of the City, or any amendments thereto, carried-out pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision.
1.A Master Plan or amendment thereto, shall be acted upon by the Approving Authority, upon recommendation of the Advisory Authority.
2.The actions of the Approving and Advisory Authorities shall be based upon the evidence presented in the departmental written report and testimony provided during the public hearing, only after considering and clearly establishing that the proposed Master Plan, or any amendment thereto, promotes and/or is consistent with the goals and policies of The Ontario Plan, and giving supporting reasons for the finding. A Master Plan shall be denied if reasons supporting the required finding cannot be clearly established.
E. Conditions of Approval.
1.In approving a Master Plan or any amendment thereto, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.All conditions of approval or requirements authorized by this Section are enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
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4.02.075: Sign Programs
A. Purpose. The purpose of this Section is to establish a process whereby a Sign Program may be required to provide coordinated signing within development projects, utilizing common design elements and integrating the design of signs with the building and landscape design, to form a unified architectural statement.
B. Applicability.
1.Within any commercial, mixed-use, industrial, or specialized use or overlay zoning district, a Sign Program shall be submitted for any multi-tenanted building, complex or center, which shall fully comply with Section 8.01.020.F (Sign Programs) of this Development Code.
2.The Approving Authority is hereby empowered to approve, approve in modified form, or deny, either in whole or in part, a Sign Program on the basis of the application, supporting plans and documentation, and evidence submitted by the applicant.
C. Application Filing and Processing. A Sign Program shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, the provisions of this Section, and the requirements of Subsection 8.01.020.F (Sign Programs) of this Development Code.
D. Decision. A Sign Program shall be acted upon only after considering and clearly establishing [i] that the Sign Program is in conformance with the provisions of this Section and Division 8.01 (Sign Regulations) of this Development Code, and [ii] that any deviations from Division
8.01 (Sign Regulations) of this Development Code, as allowed by the Sign Program, are limited only to those set forth in Paragraphs 8.01.020.F.2 and F.3 of this Development Code.
4.02.080: Specific Plan Minor Adjustments/Alterations
A. Purpose. The purpose of this Section is to establish a procedure by which minor departures from the strict application of the development standards and/or design guidelines established by a Specific Plan may be approved, provided the requested departure is in the interest of furthering the goals and policies of the affected Specific Plan and The Ontario Plan.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Specific Plan Minor Adjustments/Alterations application, and to impose reasonable conditions upon the approval of the application.
2.The following constitute minor adjustments/alterations, not requiring a Specific Plan Amendment and/or update of the affected specific plan:
a.A net change of not more than 15 percent to the number of units within an individual residential area, provided the total number of units for the entire specific plan area does not exceed that established in the affected specific plan; 184
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Ontario Development CodePage 4.02-39(Rev. 01.16.202412.03.2024) b.Adjustment/alteration of a residential planning area boundary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;
c.Minor adjustments/alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan's development standards and design guidelines; d.Minor adjustments/alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation; e.Other adjustments/alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and f.Adjustments/alterations in street alignments and dimensions that are deemed appropriate by the City Engineer, which are in keeping with the purpose and intent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, provided the changes do not impact the sizing of master planned infrastructure.
C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, a Specific Plan Minor Adjustments/Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.
D. Findings and Decision. A Specific Plan Minor Adjustments/Alterations shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.The proposed Specific Plan Minor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the specific plan;
2.The proposed Specific Plan Minor Adjustment/Alteration is reasonable and beneficial, and in the interest of good planning practice; and
3.The proposed Specific Plan Minor Adjustment/Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.
4.02.085: Subdivisions—Lot Merger (Merger of Contiguous Parcels) A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.10), pertaining to the merger of contiguous lots under common ownership (Lot Merger).
B. Applicability.
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1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Lot Merger application, and to impose reasonable conditions upon the approval of the application.
2.The City may initiate a Lot Merger if any one of the contiguous lots or units held by the same owner does not conform to standards for minimum lot size applicable to the lots or units of land, and if all of the following requirements are satisfied:
a.At least one of the affected lots is not developed with a structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is only developed with one or more accessory structures, or is developed with a single primary structure that is partially sited on a contiguous lot or unit. b.With respect to any affected lot, one or more of the following conditions exists:
(1)Comprises less than 5,000 SF in area at the time of the determination of merger;
(2)Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
(3)Does not meet current standards for sewage disposal and domestic water supply;
(4)Does not meet slope stability standards;
(5)Has no legal access that is adequate for vehicular and safety equipment access and maneuverability;
(6)Its development would create health or safety hazards; or (7)Is inconsistent with The Ontario Plan and any applicable area plan, specific plan, or planned unit development (other than minimum lot size or density standards). c.The affected lots, when merged, will not:
(1)Be inconsistent or create a conflict with The Ontario Plan, any applicable Area Plan or Specific Plan, or the provisions of this Development Code; (2)Result in a conflict with the location of any existing structures; (3)Deprive or restrict access to another lot; or
(4)Result in the creation of new lot lines.
3.The City may require the owner of any contiguous lots to initiate the merger of contiguous lots as a condition of any Development Plan or Conditional Use Permit approval.
C. Application Filing, Processing and Hearing. A Lot Merger application shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
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Ontario Development CodePage 4.02-41(Rev. 01.16.202412.03.2024) D. Notification of Intention to Merge Lots.
1.Prior to merging any contiguous lots, the Planning Director shall mail a Notice of Intention to Merge (“NIM”), which notifies affected property owner(s) that the affected lots may be merged pursuant to the provisions of this Section. The NIM shall be sent by certified mail to the property owner(s) of record at the address(es) shown on the latest available assessment roll of the County of San Bernardino. The NIM shall include a statement that the property owner(s) may request a hearing to present evidence that the proposed Lot Merger does not meet the criteria for a merger. For the purpose of this Section, a property owner is any person holding any portion of title to any affected property.
2.The NIM shall be recorded with the San Bernardino County Recorder on the date that the notice is mailed to all property owners of record.
E. Request for Hearing. Within 30 days following the recordation of the NIM, the owner of the affected property may file a request with the Planning Director, for a hearing regarding the proposed Lot Merger.
F. Procedure for Hearing.
1.Upon receiving a request for a hearing, the Planning Director shall set a time, date, and location for a hearing to be conducted by the Approving Authority, and shall notify the property owner of the time, date, and location of the hearing by certified mail. The hearing shall be conducted not more than 60 days following the City’s receipt of the property owner’s request for hearing but may be postponed by mutual consent of the City and the property owner.
2.During the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for Lot Merger specified by this Section.
3.At the conclusion of the hearing, the Approving Authority shall make a determination as to whether the affected lots should be merged and shall so notify the property owner of its determination.
4.The Approving Authority may approve or deny a Lot Merger on the basis of the application and the presented evidence, after considering and clearly establishing the following findings, and giving specific reasons in support of each finding:
a.The merged lots comply with the appropriate provisions of the Subdivision Map Act and all applicable City requirements for the merging of contiguous lots; and b.The merged lots do not adversely affect the purpose and intent of The Ontario Plan, or the public health, safety, and welfare.
5.If the Approving Authority determines that the affected lots shall be merged, the Planning Director shall cause the Notice of Intention to Merge, specifying the names of the recorded owner(s) and describing the affected real property, to be recorded with the San Bernardino County Recorder within 30 days following conclusion of the hearing.
6.If the Approving Authority determines that the affected lots shall not be merged, the Planning Director shall cause a Release of Notice of Intention to Merge to be recorded with 187
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G. Determination When No Hearing Is Requested. If within the 30 days following the recordation of the NIM specified in Subsection D (Request for Hearing) of this Section, the property owner does not file a request for a hearing, at any time thereafter, the Approving Authority may make a determination whether or not the affected lots are to be merged. A Notice of Intention to Merge shall be recorded as provided for in Paragraph F.5 of this Section, no later than 90 days following the mailing of the NIM.
4.02.090: Subdivisions—Reversions to Acreage
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.30), pertaining to the unmerger of parcels (reversions to acreage).
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Reversion to Acreage application and to impose reasonable conditions upon the approval of the application.
2.Proceedings for Reversion to Acreage may be initiated by the City Council or by petition of all of the property owners of record of the real property within a subdivision.
C. Application Filing, Processing and Hearing. A Reversion to Acreage application (petition by property owners) shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Reversion to Acreage shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1.The proposed Reversion to Acreage is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2.Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
3.Either:
a.All owners of an interest in the real property within the subdivision have consented to reversion; or
b.None of the improvements required to be made have been made within 2 years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or 188
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Ontario Development CodePage 4.02-43(Rev. 01.16.202412.03.2024) c.No lots shown on the final map or parcel map have been sold within 5 years from the date the map was filed for recordation.
E. Conditions of Approval.
1.In approving a Reversion to Acreage request, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s); and ensure compliance with GC Section 66499.17.
2.All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Filing of Parcel Map.
1.A parcel map submitted for the purpose of reverting to acreage shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements that are to be vacated or abandoned, and a parcel map in a form acceptable to the City Engineer, which delineates any streets or easements that are to remain in effect after the reversion.
2.After approval of the reversion by the Approving Authority and City Engineer, the parcel map shall be delivered to the County Recorder. The reversion shall be effective upon the recordation of the parcel map by the County Recorder.
3.The filing of the parcel map shall constitute abandonment of all streets and easements not shown on the parcel map and shall constitute a merger of the separate lots into one lot, and shall thereby be shown as a single lot on the assessment roll of the County Assessor, subject to the provisions of GC Section 66445.
4.Except as provided in GC Section 66445(f), on any parcel map used for reverting acreage, a certificate shall appear, signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.
G. Return of Fees and Deposits, and Release of Securities. Return of fees and deposits, and release of securities shall be in accordance with GC Section 66499.19.
H. Merger and Resubdividing Without Reversion.
1.Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by Section 4.02.095 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Division, and the Subdivision Map Act (commencing with GC Section 66410).
2.The filing of the final map or parcel map shall constitute legal merging of the lots into one lot and the resubdivision of the lot, which will thereafter be shown with the new lot boundaries on the assessment roll of the County Assessor. 189
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3.Any unused fees or deposits pertaining to the resubdivided property shall be credited pro rata towards any of the requirements for the same purposes that are applicable at the time of resubdivision.
4.Any streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map.
5.After approval of the merger and resubdivision by the Approving Authority, the map shall be delivered to the San Bernardino County Recorder. The filing of the map shall constitute legal merger and resubdivision of the affected land and shall constitute abandonment of all public streets or public easements not shown on the map.
4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66410), pertaining to the review, regulation, and control of the design of subdivisions, and to achieve the following:
1.Assist in implementing the Vision, Policy Plan (General Plan) and City Council Priorities components of The Ontario Plan;
2.Encourage orderly development of the City through the regulation and control of the design and improvement of subdivisions, with a proper consideration of its relationship to adjoining areas;
3.Ensure that the areas within a subdivision that are dedicated for public purposes will be properly improved by the subdivider so that they will not become an undue burden on the community;
4.Protect the public and individual transferees of land from fraud and exploitation;
5.Provide lots of sufficient size and appropriate design for the purposes for which they are to be used;
6.Provide streets of adequate capacity and design for the traffic that will utilize them and to ensure maximum safety for pedestrians and vehicles;
7.Provide sidewalks or pedestrian ways where needed for the safety and convenience of pedestrians;
8.Identification and preservation of the cultural resources and natural assets of the City;
9.Prevent the indiscriminate clearing of property and the destruction of desirable landscape features;
10.Ensure adequate access to each building site, and safeguard the public safety and welfare through superior subdivision design;
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11.Provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities necessary to the public health, safety, and convenience;
12.Provide adequate sites for public facilities necessary to serve the residents of the new developments; and
13.Ensure that the costs of providing land for streets, alleys, pedestrian ways, easements, and other rights-of-way, and for the improvements therein needed to serve new developments, are borne by the subdivider rather than by the taxpayers of the City at large.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Tentative Tract Map, Tentative Parcel Map, Vesting Tentative Tract Map, or Vesting Tentative Parcel Map, and to impose reasonable conditions upon the approval of the application pursuant to the provisions of the Subdivision Map Act (commencing with GC Section 66410), Planning and Zoning Law (commencing with GC Section 65000) and the California Environmental Quality Act (commencing with PRC Section 21000).
2.Each proposed parcel map, tract map or vesting parcel or tract map shall be submitted to the City in the form of a tentative map, which shall include an identifying map number issued by the office of the San Bernardino County Surveyor. All tentative maps shall be prepared by a state-licensed land surveyor or state-registered civil engineer authorized to practice land surveying.
C. Application Filing, Processing and Hearing. A Tentative Subdivision Map application shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Tentative Subdivision Map shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1.The proposed map is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and applicable area and specific plans, and planned unit developments;
2.The design or improvement of the proposed subdivision is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and applicable specific plans and planned unit developments;
3.The site is physically suitable for the type of development proposed;
4.The site is physically suitable for the proposed density of development; 191
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5.The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6.The design of the subdivision or type of improvements are not likely to cause serious public health problems; and
7.The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
E. Conditions of Approval.
1.In approving a Tentative Subdivision Map, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Tentative Map Modification/Revision.
1.Tentative maps and/or their conditions of approval may be modified/revised upon application by the subdivider or property owner if different from the subdivider. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
2.Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original tentative map approval, do not affect off-site properties and there are no resulting inconsistencies with this Development Code. The following modifications/revisions are considered minor in nature:
a.Modifications/revisions affecting less than 20 percent of the total number of lots in the subdivision, provided there is no increase in the total number of lots within the subdivision; and
b.Any other changes that, in the opinion of the Planning Director and City Engineer, do not involve substantial changes to the map or the conditions of approval, and do not affect surrounding properties.
3.Any other amendment or modification of an approved tentative subdivision map shall be processed as a revised tentative map, following the procedures set forth in this Section for tentative subdivision map approval, except that modification/revision approval shall not alter the original expiration date of the tentative map.
G. Vesting Tentative Maps.
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1.Filing and Processing of Vesting Tentative Maps. A vesting tentative map shall be filed in the same form; shall have the same content, accompanying data and reports; and shall be processed in the same manner described for tentative maps in Subsections A through F of this Section, except as stated below:
2.Development Rights.
a.The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in GC Section 66474.2. However, if GC Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
b.Notwithstanding Subparagraph G.2.a of this Section, a permit, approval, extension, or entitlement may be made conditional or may be denied if any of the following are determined:
(1)Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; and/or (2)The condition(s) or denial is required in order to comply with state or federal laws.
c.The provisions of this Subparagraph shall not:
(1)Limit the City from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Paragraph G.1 (Filing and Processing of Vesting Tentative Maps) of this Section; and
(2)Diminish or alter the types of conditions that may be imposed by the City on a development or the City's power to protect against a condition dangerous to the public health or safety.
3.Modifications/Revisions to Vesting Tentative Maps. At any time prior to the expiration of a vesting tentative map, the subdivider, their successor, or their assignee, may apply for a modification to the map. A public hearing shall be held by the Approving Authority on any application involving a modification to the vesting tentative map, or by the development related thereto, following procedures set forth for the modification of tentative maps contained in Subsection F (Tentative Map Modification/Revision) of this Section. Approval of a modification to a vesting tentative map, or development related thereto, shall be evaluated for compliance with the City regulations, standards, and policies in effect at the time the original vesting tentative map was deemed complete.
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Ontario Development CodePage 4.03-1(Rev. 06.21.202212.03.2024) Division 4.03—Ministerial (Administrative) Permits and Decisions Sections:
4.03.000: Purpose
4.03.005: Applicability
4.03.010: Historic Preservation—Adaptive Reuse Plan
4.03.015: Administrative Use Permits
4.03.020: Sign Plans
4.03.025: Subdivisions—Certificates of Compliance
4.03.030: Subdivisions—Final Maps and Parcel Maps
4.03.035: Subdivisions—Lot Line Adjustments
4.03.040: Subdivisions—Map Corrections and Amendments
4.03.045: Subdivisions—Parcel Map Waiver
4.03.050: Subdivisions—Lot Merger (Merger of Contiguous Parcels)
4.03.0550: Administrative Exceptions
4.03.06055: Fair Housing and Reasonable Accommodations
4.03.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of ministerial (administrative) permits or decisions by the Reviewing Authorities established by Table 2.02-1 (Review Matrix) of this Development Code. Ministerial permits and decisions consist of City actions and determinations that involve little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements.
4.03.005: Applicability
The Reviewing Authorities established by Table 2.02-1 (Review Matrix) of this Development Code shall consider a ministerial permit or decision pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are specific to each discretionary permit or action stipulated herein.
4.03.010: Historic Preservation—Adaptive Reuse Plan
A. Purpose. The purpose of this Section is to establish a procedure by which Adaptive Reuse Plans may be approved by the City, while at the same time:
1.Provide a more efficient way for qualified historic buildings and adaptive reuse projects to meet development, building, and fire protection standards;
2.Promote adaptive reuse as part of broader goals supporting historic preservation, economic development, environmental sustainability and resilience, and recognize the social value of historic buildings;
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3.Incentivize building reuse to encourage activation of Downtown Ontario where there is a large collection of commercial and industrial historic buildings that are worthy of preservation;
4.Eliminate or allow nonconformance with certain development regulations that would make adaptive reuse of qualified historic buildings infeasible, including such standards related to parking and loading, height, density, floor-area ratio, and open space; and
5.Allow alternative building and fire code compliance for qualified adaptive reuse projects able to demonstrate an alternative means or method of protecting public health, safety, and welfare.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Adaptive Reuse Plan application, and to impose reasonable conditions upon the approval of the application.
2.Adaptive Reuse Plan approval shall allow for those land uses identified in Table
5.02-1 (Land Use Matrix) of this Development Code, which allows for a broad range of land uses of the underlying zoning district in which the site is located. However, no new uses that emits noxious odors or excessive noise shall be allowed, unless it can be demonstrated to the satisfaction of the Planning Director that the use will not cause adverse impacts to nearby residential land uses.
3.Qualifying buildings include those listed on the National Register of Historic Places, on the California Register of Historic Resources, Ontario Register of Historic Resources as designated local landmarks or contributors to designated local historic districts located within the Adaptive Reuse Plan Area.
4.Adaptive Reuse projects are construction and remodeling projects that reconfigure existing spaces within existing buildings to accommodate a new use or purpose other than what it was originally designed for. Adaptive Reuse projects require a change of use and building occupancy from office or commercial to residential, industrial to work/live, residential to office or commercial, or assembly to residential, office or commercial.
5. Application Filing and Processing. An Adaptive Reuse Plan application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Plans and reports prepared for an Adaptive Reuse Plan shall be prepared by a California licensed architect meeting the minimum qualifications standards of The Secretary of the interior Professional Qualifications (Code of Federal Regulations, 36 CFR Part 61).
C. Adaptive Reuse Plan Area. This area consists of the City’s original downtown, and extends north to include the historic districts adjacent to Euclid Avenue, the boundary of which is as follows:
Beginning at the intersection of the centerlines of State Street and San Antonio Avenue, thence north to the northernmost city boundary, thence east to the centerline of Sultana Avenue, thence south to the centerline of I Street, thence east to the centerline of Campus Avenue, thence south to the centerline of State Street, thence west to the point of beginning.
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Ontario Development CodePage 4.03-3(Rev. 06.21.202212.03.2024) D. Alternative Building and Fire Code Regulations. The alternative building and fire codes regulations adopted in this Section are applicable to qualified buildings and adaptive reuse projects.
1.Alternative Codes. Use of the California Historic Building Code, International Existing Building Code, California Health and Safety Code and the Ontario Adaptive Reuse Plan Technical Manual shall provide a process and the ability for the Building Official and Fire Marshal to consider alternative building standards while ensuring adequate health and safety protections.
2.In permitting repairs, alterations, and additions necessary to accommodate adaptive reuse projects, the alternative code regulations shall impose requirements that will, in the determination of the Building Official and the Fire Marshal, protect the public health, safety, and welfare.
3.Nothing in this Section shall be construed to allow the reduction of existing seismic or fire and life-safety elements of an eligible building where such elements provide a greater level of protection than the minimum requirements established by this Section.
4.Subject to the approval of the Building Official and Fire Marshal, the use or occupancy type of a qualified building shall be allowed to be changed as part of an adaptive reuse project without conforming to all requirements of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code provided the new or proposed occupancy is equally or less hazardous, based on life and fire risk, than the existing use.
5.Whenever there are practical difficulties involved in carrying out the provisions of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code, the Building Official and Fire Marshal shall have the authority to grant modifications for individual cases, provided the Approving Authority shall first find that special individual reasons make the strict letter of the local codes impractical and the modification is in compliance with the intent and purpose of the local codes and that such modification does not lessen health, life and safety requirements.
F. Incentives. The Planning Director may grant the following departures from certain development standards and requirements to incentivize qualified Adaptive Reuse Plans:
1.Development Plan Waived. Approved Adaptive Reuse Plans, which may allow for new additions up to 25 percent of the existing building floor area and is not visible from the public right-of-way, shall be exempt for the requirements for Development Plan review set forth in Section
4.02.025.
2.Mezzanines. Loft spaces in joint living and work quarters, dwelling units and guest rooms which do not exceed more than 33 percent of the floor area of the space below shall not be considered new floor area. Mezzanines may be included in the calculation of floor area for the purpose of determining compliance with the standards set forth in Paragraph (E) of this subdivision.
3.Parking Reduction. New parking spaces shall not be required for any converted use within the existing footprint of the building, but expansions to floor area shall require one parking space per bedroom or one parking space per 250 square feet of gross floor area for office or commercial.
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4.Setbacks. Existing building setbacks may remain and shall be considered legally nonconforming, but no further encroachments shall be permitted into any nonconforming setback.
5.Increases in Maximum Building Height. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legally nonconforming. Any rooftop construction needed for drainage, ventilation, utilities, or passive recreation shall be included within the height exemption. This height exemption does not include new residential or commercial floor area.
6.Open Space. Private open space for residential adaptive reuse projects may be waived when it is determined by the Approving Authority that the requirement would result in exterior alterations to the existing building that would result in an adverse impact to a historic resource. A minimum of 100 square feet of common open space per residential unit or 25 percent of the building square footage, whichever is less, shall be required and may be provided on the rooftop of the building or within the building and include various type of indoor amenities such as fitness center, workstations, playrooms, etc.
7.Loading Zone. A new loading zone shall not be required if the existing building does not have an existing loading zone.
G. Standards. Adaptive Reuse Projects permitted pursuant to this subdivision shall be developed in compliance with the following standards:
1.Minimum Dwelling Units. Adaptive reuse projects that propose residential shall develop no less than 3 units. The minimum floor area for new dwelling units and joint living and work quarters shall be 450 square feet. Floor area shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building. The floor area of both the living space and the workspace shall be combined to determine the size of joint living and work quarters. The average floor area, as defined above, of all the dwelling units and joint living and work quarters in the building, including those that existed prior to the effective date of this ordinance, shall be at least 750 square feet. That minimum average size shall be maintained and not reduced.
2.Storefront. Ground floor of an existing multiple level commercial building shall contain street frontage and shall be used as a commercial storefront. Residential on ground may occur at the rear of the building behind the storefront.
3.Exterior or Interior (Public Space) Alterations. A Certificate of Appropriateness pursuant to Section 4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources is required for any alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource.
4.Other Provisions. Floor Area Ratio (FAR), Landscaping, Lot Coverage, and any other development standard of the underlying zone may be waived by the Approving Authority.
H. Conditions of Approval.
1.In approving an Adaptive Reuse Plan, the Planning Director may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in 198
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Ontario Development CodePage 4.03-5(Rev. 06.21.202212.03.2024) harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
I. Findings and Decision. An Adaptive Reuse Plan, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.That the use(s) of the property will not be detrimental to the public health, safety and general welfare surrounding the project location;
2.That the Adaptive Reuse Project complies with the standards set forth in Section
4.03.010 (F) of this Development Code; and
3.A Certificate of Appropriateness has been approved or Waived for the Adaptive Reuse Plan.
4.03.015: Administrative Use Permits
A. Purpose. The purpose of this Section is to establish a procedure by which Administrative Use Permits may be issued by the City, while at the same time:
1.Eliminating any possibility for the exercise of unfettered discretion during the application review process through the establishment of reasonable and uniform regulations that will reduce possible adverse effects that uses subject to this Section may have upon the residents of the City; and
2.Establishing a process whereby the unique operating characteristics of the uses subject to this Section may be properly conditioned through an individual review, in order to ensure compatibility with surrounding uses of property, and preserve the integrity of the residential, commercial, mixed-use, and industrial areas of the City.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Administrative Use Permit application, and to impose reasonable conditions upon the approval of the application.
2.Administrative Use Permit approval shall be required for those land uses so identified in Table 5.02-1 (Land Use Matrix) of this Development Code, excepting the following temporary and interim land uses:
a.Car Washes for Fundraising Purposes. Car washes shall be conducted by a qualifying sponsoring organization within a nonresidential zoning or land use district. Sponsorship 199
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b.Emergency Public Health and Safety Activities and Facilities. Temporary activities and facilities associated with emergency public health and safety needs of the City, State, and federal governments.
c.Film/Video Making. Temporary filming, photography, and videography, and production activities associated with a Film Permit issued by the City.
C. Application Filing and Processing. An Administrative Use Permit application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1.An Administrative Use Permit shall be acted upon by the Approving Authority, based upon the information provided in the submitted application, evidence presented with any supplemental information or written report, and testimony provided during any hearing (if required), only after considering and clearly establishing that the use for which an Administrative Use Permit is requested complies with all applicable Development Code provisions specific to the requested use.
2.An Administrative Use Permit shall be issued if the Approving Authority determines that the proposed use complies with all applicable Development Code provisions,
3.An Administrative Use Permit shall be denied if the proposed use does not comply with one or more Development Code provisions.
E. Conditions of Approval.
1.In approving an Administrative Use Permit, the Approving Authority may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
3.A copy of the approved Administrative Use Permit shall be maintained on site for the duration of the use, activity, or facility authorized, and shall be made available for inspection upon demand by a City representative.
F. Unlawful Business Practices May Be Enjoined; All Remedies Are Cumulative. Any business activity requiring Administrative Use Permit approval pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code, and which is operated, conducted, or maintained contrary to the 200
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Ontario Development CodePage 4.03-7(Rev. 06.21.202212.03.2024) provisions of this Development Code, shall constitute an unlawful business practice pursuant to Business & Professions Code Section 17200 et seq., and the City may file a complaint with the District Attorney and request the District Attorney bring action seeking an injunction prohibiting the unlawful business practice or any other remedy available at law, including but not limited to fines, attorney's fees, and costs. All remedies provided for in this Section are cumulative.
G. Administrative Fines.
1.Violations. Upon a finding by the Police Chief or Community Improvement Director that a land use or business for which an Administrative Use Permit has been issued has violated any provision of this Development Code or of the City or Ontario Municipal Code, the Police Chief or Community Improvement Director may issue an administrative fine of up to $500.
2.Separate Violations. Each violation of this Development Code or of the Ontario Municipal Code constitutes a separate violation. Each day a violation of this Development Code or the Ontario Municipal Code occurs also constitutes a separate violation.
3.Administrative Fine Procedures. A Notice of Administrative Fine shall be served by hand delivery or certified mail and shall state the legal violation and all supporting facts.
Furthermore, the Notice shall also contain an advisement of the right to request an appeal hearing before the Zoning Administrator to contest the suspension or revocation.
4.Appeal of Administrative Fines.
a.An appeal request shall be filed with the Planning Department on a City application form, within 10 days following the date appearing on the Notice of Administrative Fine. The appeal request shall include a statement identifying the pertinent facts disputing the violation.
b.An appeal hearing shall be scheduled within 30 days following the Planning Department's receipt of the appeal request unless an extension is mutually agreed upon by the appellant and the Zoning Administrator.
c.The appeal shall be heard by the Zoning Administrator. The decision of the Zoning Administrator shall be provided by certified mail. The decision constitutes a final administrative order, with no additional administrative right of appeal.
5.Failure to Pay Administrative Fines.
a.If an administrative fine is not paid within 30 days after the date appearing on the Notice of Administrative Fine or, if the Notice is appealed, within 30 days after the date of the Zoning Administrator's decision, whichever occurs later, the fine may be referred to a collection agency.
b.Any outstanding fine must be paid prior to the issuance or renewal of any license or permit issued by the City.
H. Suspension and Revocation of Administrative Use Permits.
1.Reasons. The Police Chief and the Community Improvement Director each has the authority to suspend or revoke an Administrative Use Permit, based on one or more of the following reasons:
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(Rev. 06.21.202212.03.2024)Page 4.03-8Ontario Development Code a.The Administrative Use Permit approval was obtained by fraud; b.The Administrative Use Permit is being, or has recently been exercised contrary to the terms or conditions of the application approval; c.The Administrative Use Permit is being or has been exercised in violation of a federal, state, or City statute, ordinance, law, or regulation; and/or d.The Administrative Use Permit was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or otherwise constitutes a nuisance.
2.Suspension and Revocation Procedures. A Notice of Suspension or Revocation shall be served on the owner of the property and upon any tenant or operator in possession of the property, if different from the owner, by hand delivery or certified mail, along with the legal violation and supporting facts. The Notice shall also contain an advisement of the right to request an appeal hearing before the Zoning Administrator to contest the suspension or revocation.
3.Time Period of Suspension of Permit. When any of the conditions listed in H.1.a through d above exists, the Police Chief and the Community Improvement Director are each authorized to suspend an Administrative Use Permit for a period of no less than 5 days, and no more than 90 days, at their discretion.
4.Effective Date of Suspension or Revocation. A Notice of Suspension or Revocation issued under Paragraph H.2 of this Section is effective 10 days following the date appearing on the Notice, in the absence of an appeal filed in accordance with Paragraph H.5 of this Section.
5.Appeal of Suspension or Revocation of Permit.
a.The decision of the Police Chief or Community Improvement Director to suspend or revoke an Administrative Use Permit may be appealed by the permittee. b.The appeal request shall be filed with the Planning Department on a City application form and shall include a statement identifying pertinent facts disputing the reasons stated in the Notice of Suspension or Revocation.
c.An appeal request must be received by the Planning Department on or before the effective date of the suspension or revocation under Paragraph H.4 of this Section. d.The timely filing of an appeal request stays a suspension or revocation pending a decision on the appeal by the Zoning Administrator. e.An appeal hearing shall be scheduled within 30 days following the Planning Department's receipt of the appeal request, unless an extension is mutually agreed upon by the appellant and the Zoning Administrator.
f.Within 20 days following the appeal hearing, the Zoning Administrator shall issue a final administrative order to the appellant, by certified mail. There shall be no further administrative right of appeal.
6.Evidence. The following rules shall apply to any hearing required by this Section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence 202
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Ontario Development CodePage 4.03-9(Rev. 06.21.202212.03.2024) bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses.
Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. Formal rules of discovery do not apply to proceedings governed by this Section. Unless otherwise specifically prohibited by law, the burden of proof is on the appellant in any hearing or other matter under this Section.
7.Limitations on Application Refiling. A holder of an Administrative Use Permit who has had the Permit revoked under this Section may not apply for the same or substantially similar Administrative Use Permit for 12 months after the date of the Final Administrative Order revoking the Permit.
I. Public Nuisance. It shall be unlawful and a public nuisance for a land use or business activity for which an Administrative Use Permit has been issued to be operated, conducted, or maintained contrary to the provisions of this Development Code or of any conditions of approval imposed on an Administrative Use Permit by the Approving Authority. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, or enjoinment of that land use or business activity in any manner provided by law.
4.03.020: Sign Plans
A. Purpose. The purpose of this Section is to establish a process by which Sign Plans may be required to ensure compliance with the standards and guidelines contained within this Development Code pertaining to the number, placement, height, size, illumination, and design of signs, and to ensure compliance with any previously approved entitlements.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Sign Plan application, and to impose reasonable conditions upon the approval of the application.
2.An approved Sign Plan shall be required prior to placing, erecting, modifying, moving, or reconstructing any sign in the City, unless expressly exempted by this Development Code. Signs requiring a permit shall comply with: [i] the provisions of this Development Code, [ii] all other applicable laws and ordinances, and [iii] with any associated approved entitlements.
C. Application Filing and Processing. A Sign Plan application shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision. A Sign Plan shall be acted upon by the Approving Authority based upon the information contained in the application, supporting plans and documentation, and evidence submitted by the applicant, only after considering and clearly establishing that the Sign Plan is in conformance with the provisions of Division 8.1 (Sign Regulations) of this Development Code, and any associated entitlements that have been previously approved by the City. 203
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4.03.025: Subdivisions—Certificates of Compliance
A. Purpose. The purpose of this Section is to establish a means by which a Certificate of Compliance or Conditional Certificate of Compliance may be issued by the City pursuant to GC Section 66499.35, and legal status may be conferred to parcels of real property that were not established by other legal means.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny a Certificate of Compliance, and to impose reasonable conditions upon the approval of the application.
2.The provisions of this Section shall apply to real property for which there is no final map, parcel map, official map, or approved certificate of exception, which establish the status for legal creation of parcels of real property.
C. Application Filing and Processing. A Certificate of Compliance shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1.Certificate of Compliance.
a.Upon receipt of a Certificate of Compliance application, the City Engineer shall determine whether the affected real property complies with the applicable provisions of the Subdivision Map Act and this Development Code. A certificate of compliance shall be issued for any real property that has been approved for development of the property. b.If the City Engineer determines that the real property that is the subject of a Certificate of Compliance application complies with the applicable provisions of the Subdivision Map Act and this Development Code, it shall cause a Certificate of Compliance to be filed for recordation with the County Recorder.
2.Conditional Certificate of Compliance.
a.If the City Engineer determines that the real property that is the subject of a Certificate of Compliance application does not comply with the provisions of the Subdivision Map Act and this Development Code, it shall issue a Conditional Certificate of Compliance. As a condition to granting a Conditional Certificate of Compliance, the City Engineer may impose any conditions that would have been applicable to a division of land on the date the applicant acquired the property, except that if the current property owner was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the Conditional Certificate of Compliance may impose conditions that would be applicable to a current division of land.
b.Upon making a determination and establishing conditions, the City shall cause a Conditional Certificate of Compliance to be filed for recordation with the County Recorder. The certificate shall serve as notice to the property owner or vendee who has applied for the Certificate pursuant to this Section, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of these conditions 204
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Ontario Development CodePage 4.03-11(Rev. 06.21.202212.03.2024) shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.
c.Compliance with imposed conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the City.
E. Right to Develop. The issuance of a Certificate of Compliance or Conditional Certificate of Compliance does not imply or grant a right to develop the affected property.
4.03.030 Subdivisions—Final Maps and Parcel Maps
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66410) pertaining to the review, approval and recordation of a final map or parcel map.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Council is hereby empowered to approve or deny a final map or parcel map.
2.The subdivider may cause a final map or parcel map to be prepared in substantial accord with the tentative tract map or parcel map as approved, and pursuant to the provisions of this Development Code and applicable standards imposed by the County of San Bernardino for maps filed with the County Recorder.
3.The final map or parcel map, and any accompanying data or additional information, shall be prepared by or under the direction of a registered civil engineer that possesses a State of California license registration number below C33966 and is competent to practice land surveying, or a licensed land surveyor authorized to practice in the State of California.
C. Final Map Preparation. Following approval or conditional approval of a tentative map, and prior to the expiration of the map, the subdivider may cause the property, or any part thereof, to be surveyed and a final map to be prepared, which is consistent with the tentative map, as approved, and the provisions of this Development Code and the Subdivision Map Act (commencing with GC Section 66410). A final map shall be filed with the County Recorder only after a determination by the City Engineer and Planning Director that the conditions of the tentative map have been met. The City Engineer and Planning Director determinations may be appealed to the City Council pursuant to Division 2.04 (Appeals) of this Development Code.
D. Multiple Final Maps. Multiple final maps relating to a single approved or conditionally approved tentative map may be filed pursuant to GC Section 66456.1. The subdivision improvement agreement to be executed by the subdivider shall include provisions for the construction of such improvements as may be required by the City Engineer to constitute a logical and orderly development of the whole subdivision by phases. Each phase shall be so designed and improved as to be functionally self-sufficient.
E. Final Map/Parcel Map Filing, Processing, and Action. A final map or parcel map shall be filed, processed and acted upon as follows:
1.Final Map/Parcel Map Filing.
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(Rev. 06.21.202212.03.2024)Page 4.03-12Ontario Development Code a.Where a final map or parcel map, or a vesting final map or parcel map is required, the subdivider shall, prior to submitting the map for final review, complete all offers of dedication, secure the required approvals with respect to public and private easements and complete plans and specifications for public improvements, including drainage facilities and sewer facilities, and all applicable provisions of Section 6.08.025 (Improvements) of this Development Code. All certificates shall be executed, excepting those to be executed by the City Engineer, City Clerk and County Recorder.
b.The subdivider shall submit to the City Engineer for approval, the original mylar and as many prints as may be required, along with any required statements and documents. The City Engineer, after ensuring that all conditions and approvals have been met or secured, shall process the map for adoption by the City Council and recordation with the County Recorder.
2.Final Map/Parcel Map Processing.
a.The City Engineer shall, within 30 working days of receipt of the final map or parcel, and accompanying documents, fees and materials, cause the final map or parcel map to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications, and provisions made or required by the City Council, and if found to be complete, technically correct, in conformity with the improvement plans and specifications, and in compliance with the requirements of this Development Code, other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario Plan, shall execute the City Engineer's certificate on the map, and shall file the final map or parcel map, and accompanying materials with the City Council. b.Should the final map or parcel map, or other accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised of the changes or additions that must be made. The City Engineer shall then cause the corrected final map or parcel map to be reexamined. If the map is found to be correct and in compliance with this Development Code and all other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario Plan, the City Engineer shall execute the City Engineer's certificate on the map, and shall file the final map or parcel map and accompanying materials with the City Council. The date of filing, as set forth in GC Section 66458, shall be the meeting date in which the final map or parcel map is received by the City Council.
3.Final Map/Parcel Map Action.
a.The City Council, at the meeting it receives the final map or parcel map, or at its next regular meeting or within a period of not more than 10 days following the meeting at which the City Council receives the final map and any accompanying materials, shall approve the map if it is found to be consistent with the approved tentative tract or parcel map, and is in compliance with this Development Code and all other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario Plan, and shall instruct the City Clerk to execute the approval certificate. If the final map or parcel does not conform, the City Council shall deny the final map.
b.At the time of approval of the final map or parcel map, the City Council shall accept, subject to improvement, or reject any offers of dedication. 206
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Ontario Development CodePage 4.03-13(Rev. 06.21.202212.03.2024) c.The time limit for approval of the final map or parcel map may be extended by mutual consent of the subdivider and the City.
d.If the City Council does not approve or deny the final map or parcel map within the prescribed time, or any authorized extension, and the final map or parcel map conforms to all requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval.
e.The City Clerk shall provide notice of any pending approval or denial of a final map or parcel map by the City Council. The notice shall be attached and posted with the City Council's regular agenda and shall be mailed to interested parties who request notification.
4.03.035: Subdivisions—Lot Line Adjustments
A. Purpose. The purpose of this Section is to establish procedures for adjusting the property lines between existing lots by means of a Lot Line Adjustment authorized by GC Section 66412(d).
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny a Lot Line Adjustment, and to impose reasonable conditions upon its issuance.
2.A Lot Line Adjustment may be utilized to reconfigure up to 4 adjoining legally recognized lots, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.
C. Application Filing and Processing. A Lot Line Adjustment shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1.The City Engineer may approve or deny a Lot Line Adjustment on the basis of the application, supporting plans, and documentation submitted by the applicant. The City Engineer shall limit its review to a determination of whether or not the lots resulting from the Lot Line Adjustment will conform to the Policy Plan (General Plan) component of The Ontario Plan; any applicable specific plan, area plan or planned unit development; and this Development Code.
2.Upon approval of a Lot Line Adjustment, the applicant shall provide the City with a conforming grant deed for each affected lot, which reflects the approved Lot Line Adjustment.
The City shall then cause the grant deed(s) to be filed for record with the County Recorder. No record of survey shall be required for a Lot Line Adjustment unless required by BPC Section 8762.
E. Conditions of Approval.
1.The City Engineer shall not impose conditions or exactions on its approval of a Lot Line Adjustment, except as follows:
a.Require conformance to the Policy Plan (General Plan) component of The Ontario Plan, and any applicable specific plan, planned unit development, or area plan; 207
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(Rev. 06.21.202212.03.2024)Page 4.03-14Ontario Development Code b.Require conformance with all applicable provisions of this Development Code and any applicable building ordinances;
c.Require the prepayment of real property taxes prior to the approval of the Lot Line Adjustment; and
d.Facilitate the relocation of existing utilities, infrastructure, or easements.
2.No tentative tract map, final map or parcel map shall be required as a condition to the approval of a Lot Line Adjustment.
4.03.040: Subdivisions—Map Corrections and Amendments
A. Purpose. The purpose of this Section is to establish a process by which a final map or parcel map that has been filed for recordation with the County Recorder may be amended by either a Certificate of Correction or an amending map.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny an application to correct or amend a final map or parcel map that has been filed for recordation with the County Recorder.
2.After a final map or parcel map is filed for recordation in the office of the County Recorder, it may be amended by a Certificate of Correction for any of the following purposes:
a.Correct an error in any course or distance shown on the map; b.Show any course or distance that was omitted from the map; c.Correct an error in the description of the real property shown on the map; d.Indicate monuments set after the death, disability, and retirement from practice or replacement of the engineer or surveyor charged with responsibilities for setting monuments;
e.Show the proper location or character of any monument that has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character; or
f.Correct any other type of map error or omission that does not affect any property right, including, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.
C. Application Filing and Processing. An amending map or Certificate of Correction shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. 208
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Ontario Development CodePage 4.03-15(Rev. 06.21.202212.03.2024) D. Findings and Decision. The City Engineer may approve an amending map or Certificate of Correction only after finding that the changes made are limited to those set forth in Paragraphs B.2.a through f, above, and shall certify to this fact on the amending map or Certificate of Correction.
E. Form and Content of Amendment.
1.The Certificate of Correction shall be prepared and signed by a registered civil engineer that possesses a State of California license registration number below C33966 and is competent to practice land surveying, or a licensed land surveyor authorized to practice in the State of California.
2.The form and content of the amending map shall conform to the requirements of this Development Code for tentative tract maps, final maps or parcel maps.
3.The Certificate of Correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
4.03.045: Subdivisions—Parcel Map Waiver
A. Purpose. The purpose of this Section is to establish a procedure for waiving the requirement for a final parcel map pursuant to GC Section 66428(b), which requires that a local agency provide a procedure for such.
B. Applicability. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to waive the requirement for a final parcel map for the below- listed reasons, following the approval of a tentative map pursuant to this Development Code:
1.tThe parcel map is for a division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or
2.The Parcel Map is for a division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose (e.g., drainage or sewers, public building sites, rights-of-way for streets, school sites, and utilities).
C. Application Filing and Processing. A request for waiver from the requirement for a final parcel map shall be filed and processed in conjunction with the tentative map. The City Engineer may act upon the parcel map waiver following approval of the tentative map and compliance with the conditions of approval imposed upon tentative map approval (if any).
D. Findings and Decision.
1.The City Engineer shall approve a waiver from the requirement for a final parcel map only after the City Engineer for the corresponding tentative map required pursuant to this Section finds that the proposed division of land:
a.Is consistent with the approved tentative parcel map, and is in compliance with this Development Code, the Subdivision Map Act, and all other applicable codes, specific plans, and is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan; and 209
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(Rev. 06.21.202212.03.2024)Page 4.03-16Ontario Development Code b.Complies with the requirements established by this Development Code and the Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.
2.If the proposed division of land does not conform to Subparagraphs 1.a and b above, the City Engineer shall not approve the Parcel Map Waiver.
E. Certificate of Compliance Required.
1.Following approval of a Parcel Map Waiver by the City Engineer, a Certificate of Compliance for the land to be divided shall be filed with the County Recorder.
2.Requirements for the construction of improvements shall be noted on the Certificate of Compliance by certificate pursuant to GC Section 66411.1.
F. Payment of Processing Fees. All necessary fees as established by City ordinance or by resolution of the City Council shall be paid by the applicant for processing and filing for record, any documents pertaining to the Parcel Map Waiver process.
4.03.050: Subdivisions—Lot Merger (Merger of Contiguous Parcels) A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.10), pertaining to the merger of contiguous lots under common ownership (Lot Merger).
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer Approving Authority is hereby empowered to approve, approve in modified form, or deny a Lot Merger application, and to impose reasonable conditions upon the approval of the application.
2.The City may initiate a Lot Merger if any one of the contiguous lots or units held by the same owner does not conform to standards for minimum lot size applicable to the lots or units of land, and if all of the following requirements are satisfied:
a.At least one of the affected lots is not developed with a structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is only developed with one or more accessory structures, or is developed with a single primary structure that is partially sited on a contiguous lot or unit. b.With respect to any affected lot, one or more of the following conditions exists:
(1)Comprises less than 5,000 SF in area at the time of the determination of merger;
(2)Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
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Ontario Development CodePage 4.03-17(Rev. 06.21.202212.03.2024) (3)Does not meet current standards for sewage disposal and domestic water supply;
(4)Does not meet slope stability standards;
(5)Has no legal access that is adequate for vehicular and safety equipment access and maneuverability;
(6)Its development would create health or safety hazards; or (7)Is inconsistent with The Ontario Plan and any applicable area plan, specific plan, or planned unit development (other than minimum lot size or density standards). c.The affected lots, when merged, will not:
(1)Be inconsistent or create a conflict with The Ontario Plan, any applicable Area Plan or Specific Plan, or the provisions of this Development Code; (2)Result in a conflict with the location of any existing structures; (3)Deprive or restrict access to another lot; or
(4)Result in the creation of new lot lines.
3.The City may require the owner of any contiguous lots to initiate the merger of contiguous lots as a condition of any Development Plan or Conditional Use Permit approval.
C. Application Filing, Processing and Hearing. A Lot Merger application shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Notification of Intention to Merge Lots.
1.Prior to merging any contiguous lots, the City Engineer Planning Director shall mail a Notice of Intention to Merge ("NIM"), which notifies affected property owner(s) that the affected lots may be merged pursuant to the provisions of this Section. The NIM shall be sent by certified mail to the property owner(s) of record at the address(es) shown on the latest available assessment roll of the County of San Bernardino. The NIM shall include a statement that the property owner(s) may appeal the decision of the City Engineer to the Planning Commission request a hearing to present evidence that the proposed Lot Merger does not meet the criteria for a merger. For the purpose of this Section, a property owner is any person holding any portion of title to any affected property.
2.The NIM shall be recorded with the San Bernardino County Recorder on the date that the notice is mailed to all property owners of record.
E. Request for Hearing. Within 30 days following the recordation of the NIM, the owner of the affected property may file a request with the City Engineer Planning Director, for a hearing regarding the proposed Lot Merger.
F. Procedure for Hearing.
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1.Upon receiving a request for a hearing, the City Engineer Planning Director shall set a time, date, and location for a hearing to be conducted by the Appeal Approving Authority, and shall notify the property owner of the time, date, and location of the hearing by certified mail.
The hearing shall be conducted not more than 60 days following the City's receipt of the property owner's request for hearing but may be postponed by mutual consent of the City and the property owner.
2.During the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for Lot Merger specified by this Section.
3.At the conclusion of the hearing, the Appeal Approving Authority shall make a determination as to whether the affected lots should be merged and shall so notify the property owner of its determination.
4.The Appeal Approving Authority may approve or deny a Lot Merger on the basis of the application and the presented evidence, after considering and clearly establishing the following findings, and giving specific reasons in support of each finding:
a.The merged lots comply with the appropriate provisions of the Subdivision Map Act and all applicable City requirements for the merging of contiguous lots; and b.The merged lots do not adversely affect the purpose and intent of The Ontario Plan, or the public health, safety, and welfare.
5.If the Appeal Approving Authority determines that the affected lots shall be merged, the City Engineer Planning Director shall cause the NIM Notice of Intention to Merge, specifying the names of the recorded owner(s) and describing the affected real property, to be recorded with the San Bernardino County Recorder within 30 days following conclusion of the appeal hearing.
6.If the Appeal Approving Authority determines that the affected lots shall not be merged, the City Engineer Planning Director shall cause a Release of NIM Notice of Intention to Merge to be recorded with the San Bernardino County Recorder, and a letter of notification shall be sent by certified mail to the property owner(s) of record.
G. Determination When No Hearing Is Requested. If within the 30 days following the recordation of the NIM specified in Subsection D (Request for Hearing) of this Section, the property owner does not file a request for a hearing, at any time thereafter, the City Engineer Approving Authority may make a determination whether or not the affected lots are to be merged. A NIM Notice of Intention to Merge shall be recorded as provided for in Paragraph F.5 of this Section, no later than 90 days following the mailing of the NIM.
4.03.0550: Administrative Exceptions
A. Purpose. The Administrative Exception is hereby established for the purpose of granting minor departures from the strict application of certain numerical development standards established by this Development Code, when the departure would result in superior site, landscape, or architectural design features that could not otherwise be incorporated into a development project under the strict application of the development standards contained in this Development Code.
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Ontario Development CodePage 4.03-19(Rev. 06.21.202212.03.2024) B. Applicability.
a.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Administrative Exception application, and to impose reasonable conditions upon the approval of the application.
b.Administrative Exceptions may be approved for reductions of up to 10 percent from [i] minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; and, [ii] off-street parking required for nonresidential land uses pursuant to Table 6.03-1 (Off-Street Parking Requirements). An Administrative Exception shall not be approved for reductions from minimum lot size, lot dimensions, landscape coverage, or for an increase in maximum density, floor area ratio, or the height of a structure.
C. Application Filing, Processing and Hearing.
1.An Administrative Exception shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
2.A hearing shall not be required; however, the owners of all properties having a property line common with the affected property shall be notified of the proposed Administrative Exception pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code and shall be invited to comment on the application.
D. Findings and Decision. An Administrative Exception shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and any comments received from property owners notified pursuant to Subparagraph C.3.b of this Section, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1.The approval of the Administrative Exception is necessary to the production of a comprehensive development, incorporating an enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under the strict application of the applicable development standards;
2.The approval of the Administrative Exception will allow for the inclusion of site, architectural, or landscape features that could not otherwise be incorporated into the design of the project under the strict application of the provisions of the applicable development standards; and
3.The approval of the Administrative Exception will not adversely affect the overall quality of development on the project site and will not adversely affect neighboring properties.
4.The proposed Administrative Exception is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of 213
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E. Conditions of Approval.
1.In approving an Administrative Exception, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
4.03.06055: Fair Housing and Reasonable Accommodations
A. Purpose. Pursuant to Federal and State fair housing laws, the purpose of this Section is to provide a procedure whereby exceptions from specific applications of this Development Code may be considered and properly evaluated in order to assure that no person is discriminated against on the basis of race, color, religion, sex, sexual orientation, family status, marital status, disability, national origin, source of income, or ancestry, by being denied an equal opportunity to use and enjoy a dwelling.
B. Applicability.
1.Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Fair Housing and Reasonable Accommodation application and to impose reasonable conditions upon the approval of the application.
2.The Approving Authority may approve reasonable exceptions from the provisions of this Development Code, except that a Fair Housing and Reasonable Accommodation request shall not be approved that would allow the establishment of a land use that would not otherwise be allowed in the zoning district in which the affected property is located, or for increases in residential density.
C. Application Filing, Processing and Hearing. A Fair Housing and Reasonable Accommodation application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Fair Housing and Reasonable Accommodation request shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the 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. 214
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1.The persons who will use the subject property are protected under federal and state fair housing laws;
2.The requested exception is necessary to make specific housing available to a person who will occupy the subject property and who is protected under federal and state fair housing laws;
3.The requested exception will not impose an undo financial or administrative burden upon the City; and
4.The requested exception will comply with all applicable Building and Fire Codes and will not result in a fundamental alteration of the planning, zoning and development laws and procedures of the City.
E. Conditions of Approval.
1.In approving a Fair Housing and Reasonable Accommodation application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2.All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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Chapter 5.0:
Zoning and Land Use
Division 5.01—Zoning Districts and Boundaries
Division 5.02—General Land Use Provisions
Division 5.03—Supplemental Land Use Regulations
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Ontario Development Code Page 5.01-1 (Rev. 01.16.202412.03.2024) Division 5.01—Zoning Districts and Boundaries
Sections:
5.01.000: Purpose
5.01.005: Establishment of Base Zoning Districts
5.01.010: Zoning Map Adoption
5.01.015: Zoning District Boundaries
5.01.000: Purpose
The purpose of this Division is to establish zoning districts to implement the goals of the community as stated in The Ontario Plan. The text and maps of the Policy Plan component of The Ontario Plan will provide additional guidance in the development and use of properties throughout the City.
5.01.005: Establishment of Base Zoning Districts
In order to carry out the purpose and provisions of this Development Code, the City is hereby divided into the following zoning districts:
A. Residential Zoning Districts.
1. AR-2 (Residential- Agricultural—0 to 2.0 DU/Acre) Zoning District . The AR- 2 zoning district is hereby established to accommodate single -family residences on large lots, at a density range of 0 to 2.0 dwelling units per acre and allow for limited agricultural activities and animal keeping within a rural environment. The AR -2 zoning district is further intended to maintain a rural agricultural heritage and protect the area from suburban infringement, while maintaining a harmonious relationship between the rural and adjacent suburban land uses. The AR -2 zoning district is consistent with and implements the Rural Residential land use designation of the Policy Plan component of The Ontario Plan.
2. RE-2 Rural Estate—0 to 2.0 DU/Acre) Zoning District. The RE-2 zoning district is hereby established to accommodate single-family residences on larger lots, at a density range of 0 to 2.0 dwelling units per acre, in a semi-rural environment where limited animal keeping is permitted. The RE-2 zoning district is consistent with and implements the Rural Residential land use designation of the Policy Plan component of The Ontario Plan.
3. RE-4 Residential Estate—2.1 to 4.0 DU/Acre) Zoning District . The RE-4 zoning district is hereby established to accommodate single -family homes on estate -sized lots, in a suburban environment, at a density range of 2.1 to 4.0 dwelling units per acre. The RE -4 zoning district is consistent with and implements the Low Density Residential land use designation of the Policy Plan component of The Ontario Plan.
4. LDR-5 (Low Density Residential—2.1 to 5.0 DU/Acre) Zoning District. The LDR-5 zoning district is hereby established to accommodate single-family homes on individual lots, in a suburban environment, at a density range of 2.1 to 5.0 dwelling units per acre. The LDR -5 zoning district is consistent with and implements the Low Density Residential land use designation of the Policy Plan component of The Ontario Plan.
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5. MDR-11 (Low-Medium Density Residential—5.1 to 11.0 DU/Acre) Zoning District. The MDR-11 zoning district is hereby established to accommodate a variety of attached and detached housing types, in a suburban environment, at a density range of 5.1 to 11.0 dwelling units per acre. The MDR -11 zoning district is consistent with and implements the Low -Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.
6. MDR-18 (Medium Density Residential—11.1 to 18.0 DU/Acre) Zoning District . The MDR-18 zoning district is hereby established to accommodate a variety of attached and detached housing types, in a suburban environment, at a density range of 11.1 to 18.0 dwelling units per acre. The MDR -18 zoning district is consistent with and implements the Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.
7. MDR-25 (Medium -High Density Residential—18.1 to 25.0 DU/Acre) Zoning District .
The MDR -25 zoning district is hereby established to accommodate higher density residential developments, in a more urbanized environment, at a density range of 18.1 to 25.0 dwelling units per acre. The MDR -25 zoning district is consistent with and implements the Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.
8. HDR-45 (High Density Residential—25.1 to 45.0 DU/Acre) Zoning District. The HDR-45 zoning district is hereby established to accommodate high -density multiple-family developments in an urban environment, generally located within 1/2 -mile of a transit corridor or station, at a density range of 25.1 to 45.0 dwelling units per acre. The HDR -45 zoning district is consistent with and implements the High Density Residential land use designation of the Policy Plan component of The Ontario Plan.
B. Commercial Zoning Districts.
1. CS (Corner Store) Zoning District. The CS zoning district is hereby established to accommodate pedestrian-oriented neighborhood retail and service establishments developed at a maximum intensity of 0.4 FAR, which would have few impacts to adjacent residential uses due to the types of uses allowed and their limited hours of operation. CS zoning district locations are within established or planned neighborhoods, generally along residential collector streets, and are intended to provide their goods and services within walking distance to most of their customers. This zoning district provides for a scale and character of development that tends to attract and promote a walk- in clientele. Development within the CS zoning district should maximize human scale design elements, while providing a sensitive transition between the allowed uses and neighboring residences, including the provision of adequate and properly sited parking (including allowances for on -street parking). Sites within this zoning district are typica lly small in size (less than 0.5-acre), are usually stand-alone land uses, and are intended to fit into and protect the residential pattern of development. The CS zoning district is consistent with and implements the Neighborhood Commercial land use designation of the Policy Plan component of The Ontario Plan.
2. CN (Neighborhood Commercial—0.4 Maximum FAR) Zoning District. The CN zoning district is hereby established to accommodate the development of convenience centers at a maximum intensity of 0.55 FAR and are intended to serve residents within a one to 2 -mile radius, with some customers within walking distance. Intended uses are smaller scale , which support the local market rather than a citywide or regional market (i.e., the difference between a Best Buy and a Radio Shack). Given their proximity to residential uses, the hours and types of uses allowed within the CN zoning district may be limited either by ordinance or by conditions of approval. Uses may be standalone or within a center generally 10 to 15 acres in size. The CN zoning district is 220
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3. CC (Community Commercial—0.4 Maximum FAR) Zoning District. The CC zoning district is hereby established to accommodate retail, office, and service uses developed at a maximum intensity of 0.4 FAR, which serve residents within a 5 -mile radius. If located within close proximity to residential areas, the operation of the commercial land uses may be limited to protect the nearby sensitive uses. Commercial uses within the CC zoning district may be standalone or within centers generally 10 to 20 acres in size. The CC zoning district is consistent with and implements the General Commercial land use designation of the Policy Plan component of The Ontario Plan.
4. CR (Regional Commercial—0.4 Maximum FAR) Zoning District. The CR zoning district is hereby established to accommodate commercial and entertainment centers which are larger in size than would otherwise be accommodated in the CC zoning district, developed at a maximum intensity of 0.4 FAR. The zoning district is intended for intense, regional-serving commercial and entertainment uses, and is generally located adjacent to, or in close proximity to, freeways and arterial roadways that accommodate regional traff ic. Uses may be standalone or within a center generally 15 or more acres in size. The CR zoning district is consistent with and implements the General Commercial and Office Commercial land use designation s of the Policy Plan component of The Ontario Plan. Furthermore, the CR zoning district is consistent with and implements the Office Commercial land use designation of the Policy Plan component of The Ontario Plan; provided, (a) the property shall have a minimum of 350 lineal feet of freeway frontage along Interstate 10 or Interstate 15, and (b) the use of the property shall be restricted to automobile dealers (including new and used automobiles, light trucks and vans).
5. CCS (Convention Center Support Commercial) Zoning District. The CCS zoning district is intended to accommodate uses developed at a maximum intensity of 1.0 FAR, which predominantly serve the Ontario Convention Center, regional uses, and the special needs of leisure and business clientele who visit the City and surrounding region. The CCS zoning district is consistent with and implements the Hospitality land use designation of the Policy Plan component of The Ontario Plan.
6. OL (Low Intensity Office) Zoning District. The OL zoning district is hereby established to accommodate low -intensity office and support commercial uses developed at a maximum intensity of 0.75 FAR, which are typically located in close proximity to residential developments.
Development within this zoning district is residential in scale and typically no more than 2 stories in height. Uses within this zoning district are generally limited in their hours of operation to limit their impact upon nearby residents, and include administrative and business support services, local branches of financial institutions, legal services, insurance services, real estate services, medical and dental services, and similar support services. The OL zoning district is consistent with and implements the Office/Commercial land use designation of the Policy Plan component of The Ontario Plan.
7. OH (High Intensity Office) Zoning District. The OH zoning district is hereby established to accommodate intense professional office and supporting uses developed at a maximum intensity of 0.75 FAR, and is intended to be applied in areas planned for more concentrated urban uses, or in key locations of potential mass transit, major intersections, or in close proximity to identified activity centers. The OH zoning district is consistent with and implements the Office/Commercial land use designation of the Policy Plan component of The Ontario Plan.
C. Mixed Use Zoning Districts.
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1. MU-1 (Downtown Mixed Use) Zoning District.
a. The MU- 1 zoning district is hereby established to accommodate a fairly intensive mixture of vertical and horizontal retail, entertainment, and office uses at a development intensity of up to 2.0 FAR, and residential uses at a density of 25 to 75 DU/AC, with the most intensive uses envisioned along Euclid Avenue and Holt Boulevard. Development projects are intended to maintain a pedestrian friendly atmosphere, while at the same time enhancing the historic character of the area.
b. Furthermore, the MU-1 zoning district is established to: [i] recognize, protect, and enhance the visual character and quality of Ontario 's historic downtown area as a historic resource; [ii] establish and recognize Ontario 's historic downtown as the arts and entertainment mecca for the surrounding region, to include a wide range of allowed uses, such as shopping, restaurants, outdoor dining, cultural offerings, street fairs, artist festivals, galleries, work/live lofts, breweries, and artisan co -ops; [iii] recognize Holt Boulevard as a vital east -west link to Ontario 's historic downtown, offering opportunities for vertical and horizontal mixed use developments consisting of market rate and below market rate housing, retail and offices, and work/live uses; and [iv] recognize Ontario's civic center for its significant outdoor spaces, amenities and services, which serve to enhance the historic downtown's shopping, dining, and living experiences.
c. In order to carry out the purposes and provisions of the Land Use component of The Ontario Plan and this Development Code, the MU-1 zoning district is hereby divided into four Land Use Areas. The boundaries of each Land Use Area (LUA) is shown in Figure
5.01-1 (MU-1 (Downtown Mixed Use) Zoning District Land Use Areas Map) of this Division, and their purposes are described below.
(1) LUA-1 (Euclid Avenue Entertainment ) District—The Euclid Avenue Entertainment District is a central urban location intended to provide the vitality, amenities, and a range of entertainment, shopping, restaurant, outdoor dining, and cultural offerings. The District is further intended to promote a variety of dense housing options; enhanced public and private rights-of-way to improve pedestrian, bicyclist, and vehicular connectivity; and grow employment opportunities.
(2) LUA-2 (Arts) District—
(a) The Arts District is intended as a dynamic destination for locals and tourists, while creating a fulfilling urban experience energized by artistic, educational, and commercial participants. The focus of the Area is to increase the number of collaborated events and programs within the Area, with the intent to attract visitors, promote economic vitality, and boost revenue. Street fairs, artist festivals, restaurants, galleries, work/live lofts, breweries, and artisan co-ops will contribute to the physical and cultural diversity of the Arts District.
(b) The Arts District is divided into two subareas: Arts District North and Arts District South.
(i) Arts District North is intended to accommodate a mix of work/live lofts, artisan co -ops, restaurants, galleries, breweries, and other commercial uses intended to strengthen the economic base of the area.
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Figure 5.01-1: MU-1 (Downtown Mixed-Use) Zoning District Land Use Areas Map
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Figure 5.01-2: MU-1 (Downtown Mized Use) Zoning District Land Use Map 224
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Ontario Development Code Page 5.01-7 (Rev. 01.16.202412.03.2024) (ii) Arts District South is situated between Union Pacific and Southern Pacific Rail Lines, within an area not particularly suited to uses having a residential component (such as work/live lofts). Arts District South is envisioned to accommodate a mix of commercial, business park, and light industrial activities, which like Arts District North, will serve to stimulate the economic vitality of the area.
(3) LUA-3 (Holt Boulevard ) District—Holt Boulevard is a vital east -west link to the downtown, particularly from Ontario International Airport, the Ontario Convention Center, and the nearby hospitality center. The Holt Boulevard District offers the most opportunity for development of market-rate and attainable housing. Mixed-use may be vertical or horizontal, with retail or live/work on the ground floor. Residents will have access to many downtown amenities, including shopping, public services, open space, and public transportation (Bus Rapid Transit or "BRT"). The District will be designed as a signature gateway to the City's historic downtown.
(4) LUA-4 (Civic Center) District—The Civic Center District's proximity to the Euclid Avenue Entertainment District will contribute to the community character and commercial vitality of Ontario 's historic downtown area. People in need of City services at City Hall, the Public Library, or the Community Center, are potential shoppers and diners at downtown stores and restaurants. Furthermore, the Civic Center's significant outdoor spaces provide a link to downtown shopping, dining, streetscapes, and friendly pedestrian experiences.
d. To accomplish the objectives of the MU-1 (Downtown Mixed Use) zoning district, certain blocks have been imposed with use restrictions, as sh own in Figure 5.01-2 (MU-1 (Downtown Mixed Use) Zoning District Land Use Map) of this Division.
e. The MU- 1 zoning district, along with the Land Use Areas and Land Use Subdistricts established thereunder, is consistent with and implements the Downtown Mixed Use land use designation of the Policy Plan component of The Ontario Plan.
2. MU-3 ( East Guasti Mixed Use) Zoning District . The MU- 3 zoning district is hereby established to accommodate a mixture of low-rise (up to 5 stories) office and retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 65 DU/AC, that will create identity and place within the southeast corner of the Guasti Mixed Use area. Approximately one -half of the MU-3 zoning district is developed with the historic San Secondo d 'Asti Catholic Church . The remaining half of the area is intended for development with high -quality office, lodging, retail, and residential uses that respect the history of the adjacent Guasti Winery. The MU-3 zoning district is consistent with and implements the Guasti Mixed Use land use designation of the Policy Plan component of The Ontario Plan.
3. MU-6 (East Holt Mixed Use) Zoning District . The MU-6 zoning district is hereby established to accommodate the intensification of the Holt Boulevard Corridor with low -rise (up to 5 stories) buildings housing a mixture of retail and office uses at a development intensity of up to 1.0 FAR and 2.0 FAR, respectively, and residential uses at a density of 14 to 40 DU/AC. The intent of this zoning district is to create identity and place along the Holt Boulevard Corridor and provide a connection between the Downtown Mixed Use Area and the Ontario Airport Metro Center. The MU-6 zoning district is consistent with and implements the Holt Mixed Use land use designation of the Policy Plan component of The Ontario Plan.
4. MU-8B (Mountain/Fourth Mix ed Use) Zoning District . The MU-8B zoning district is hereby established to accommodate a low-rise (up to 5 stories) mixture of retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Mountain Avenue corridor and serve the surrounding residents. The MU-8B zoning district 225
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5. MU-8C ( West Holt Mixed Use) Zoning District. The MU-8C zoning district is hereby established to accommodate the intensification of the Holt Boulevard Corridor with low -rise (up to 5 stories) buildings housing a mixture of retail and office uses at a development intensity of up to 1.0 FAR and 2.0 FAR, respectively, and residential uses at a density of 14 to 40 DU/AC. The intent of this zoning district is to create identity and place along the Holt Boulevard Corridor and provide a connection between the Downtown Mixed Use Area and the Ontario Airport Metro Center. The MU-8C zoning district is consistent with and implements the Holt Mixed Use land use designation of the Policy Plan component of The Ontario Plan.
6. MU-8D (Euclid/Francis Mixed Use) Zoning District. The MU-8D zoning district is hereby established to accommodate a mixture of low-rise (up to 5 stories) retail uses at an intensity of up to 1.0 FAR, and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Euclid Avenue corridor. The MU-8D zoning district is consistent with and implements the Euclid/Francis Mixed Use Neighborhood Activity Hub land use designation of the Policy Plan component of The Ontario Plan.
7. MU-8E (Euclid/Walnut Mixed Use) Zoning District. The MU-8E zoning district is hereby established to accommodate a low-rise (up to 5 stories) mixture of retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Euclid Avenue corridor and serve the surrounding residents. The MU-8E zoning district is consistent with and implements the Euclid/Walnut Mixed Use Neighborhood Activity Hub land use designation of the Policy Plan component of The Ontario Plan.
D. Industrial Zoning Districts.
1. BP (Business Park) Zoning District. The BP zoning district is hereby established to accommodate industrial-serving commercial and office uses, and very light industrial uses, which may be developed at a maximum intensity of 0.6 FAR. Development within this zoning district is typically multi-tenant in nature; however, single-tenant buildings are not precluded. The BP zoning district is consistent with, and implements, the Business Park land use designation of the Policy Plan component of The Ontario Plan.
2. IP (Industrial Park) Zoning District. The IP zoning district is hereby established to accommodate a combination of commercial activity and light industrial uses, which may be developed at a maximum intensity of 0.6 FAR, and which support services to nearby industrial uses, technology centers , research and development, " clean" industry, and limited manufacturing activities. The IP zoning district is consistent with, and implements, the Business Park land use designation of the Policy Plan component of The Ontario Plan.
3. IL (Light Industrial) Zoning District. The IL zoning district is hereby established to accommodate lighter manufacturing and assembly activities, storage and warehousing activities, and other similar uses developed at a maximum intensity of 0.55 FAR. This zoning district is typically located within 500 feet of residentially zoned properties, public parks and schools, and mixed-use properties having a residential component . Aand is intended to serve as a buffer between residentially zoned areas and heavier industrial zoning districts. Allowed uses are expected to have little or no impacts on nearby residential uses with regard to noise, odor, or hazards. The IL zoning district is consistent with, and implements, the Business Park and Industrial land use designations of the Policy Plan component of The Ontario Plan.
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4. IG (General Industrial) Zoning District. The IG zoning district is hereby established to accommodate a wide range of manufacturing and assembly activities, storage and warehousing activities, and other similar uses developed at a maximum intensity of 0.55 FAR, which desire to locate in larger buildings and on larger sites. This zoning district is generally located away from residentially zoned properties, public parks and schools, and mixed -use properties having a residential component. The IG zoning district is consistent with, and implements, the Industrial land use designation of the Policy Plan component of The Ontario Plan.
5. IH (Heavy Industrial) Zoning District . The IH zoning district is hereby established to accommodate heavier manufacturing, assembly, storage, warehousing, and other similar industrial activities, as well as adult uses, which may have negative impacts when located near residential or other sensitive land uses, and which may be developed at a maximum intensity of
0.55 FAR. This zoning district is intended to be located away from residentially zoned properties, public parks and schools, and mixed-use properties having a residential component. The IH zoning district is consistent with, and implements, the Industrial land use designation of the Policy Plan component of The Ontario Plan.
E. Specialized Use Zoning Districts.
1. CIV (Civic) Zoning District . The CIV zoning district is hereby established to accommodate permanent public facilities such as City Hall, public libraries, museums, public and private schools and colleges/universities, police and fire stations, and other similar facilities that require significant public investment and are utilized by the public. The CIV zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.
2. MHP (Mobile Home Park) Zoning District. The MHP zoning district is hereby established to accommodate communities consisting of mobile homes and manufactured housing at a density range of 5.1 to 8.0 dwelling units per acre. The MHP zoning district is consistent with, and implements, the Low-Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.
3. ONT (Ontario International Airport) Zoning District. The ONT zoning district is hereby established to accommodate Ontario International Airport and surrounding properties directly impacted by airport operations. This zoning district includes uses such as airport terminals (including commercial and service uses related to the terminals), car rental agencies, and airport- related industrial, and delivery uses developed at a maximum overall zoning district intensity of
0.55 FAR. The ONT zoning district is consistent with, and implements, the Ontario International Airport land use designation of the Policy Plan component of The Ontario Plan.
4. OS-C (Open Space -Cemetery) Zoning District . The OS -C zoning district is hereby established to accommodate cemetery sites. Cemeteries provide visual open space , but not recreational opportunities, and have unique characteristics and activities that warrant a separate zoning designation to address their operational characteristics. The OS -C zoning district is consistent with, and implements, the Open Space -Nonrecreation land use designation of the Policy Plan component of The Ontario Plan.
5. OS-R (Open Space -Recreation) Zoning District . The OS -R zoning district is hereby established to accommodate open space uses such as public parks and recreation centers. The OS-R zoning district is consistent with, and implements, the Open Space -Parkland and Open Space-Water land use designation of the Policy Plan component of The Ontario Plan.
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6. PUD (Planned Unit Development) Zoning District. The PUD zoning district is hereby established to accommodate projects that require master plan approval pursuant to The Ontario Plan Policy Plan, which focuses on the character of the development, relationship of uses, public and private access, parking, pedestrian facilities, building form, integration with the roadways and pedestrian ways, public spaces, landscaping, amenities, and unique product types. The PUD zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.
7. RC (Rail Corridor) Zoning District. The RC zoning district is hereby established to accommodate permanent rail or fixed transit corridors through the City and includes stations and ancillary facilities, railroad maintenance ya rds, and construction storage yards . The RC zoning district is consistent with, and implements, the Railroad land use designation of the Policy Plan component of The Ontario Plan.
8. SP (Specific Plan) Zoning District. The SP zoning district is hereby established to accommodate the adoption of Specific Plans pursuant to this Development Code. The SP zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.
9. UC (Utilities Corridor) Zoning District. The UC zoning district is hereby established to accommodate flood control channels, retention and detention basins, electrical transmission corridors and landfills, and may include ancillary recreational facilities, such as public trails in conjunction with the primary use of the site. The UC zoning district is consistent with, and implements, the Open Space-Nonrecreational land use designation of the Policy Plan component of The Ontario Plan.
F. Overlay Districts.
1. AG (Agriculture) Overlay Zoning District. The AG Overlay zoning district is hereby established to accommodate the continuation of agricultural uses within the City, on an interim basis, until such time that development is slated to occur consistent with the Policy Plan component of The Ontario Plan and the underlying zoning district. Furthermore, it is the intent of this overlay zoning district is to permit continued agricultural use of properties or to establish general agricultural uses, including dairies, which are appropriate for areas of concentrated agricultural uses. The AG Overlay zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.
2. EA (Euclid Avenue) Overlay Zoning District . The EA Overlay zoning district is intended to: [i] recognize, protect, and enhance the visual character and quality of Euclid Avenue as a major scenic and historic resource of the City; [ii] recognize and protect Euclid Avenue's position on the National Register of Historic Places; and [iii] recognize Euclid Avenue as a major contributor to Ontario's historic downtown area.
3. ES (Emergency Shelter) Overlay Zoning District . The ES Overlay zoning district is hereby established to accommodate Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers pursuant to the Housing Element of the Policy Plan component of The Ontario Plan, and GC Section 65583. The ES overlay district is consistent with, and implements, all land use designations of the Policy Plan component of The Ontario Plan.
4. MTC (Multimodal Transit Center) Overlay Zoning District. The MTC Overlay zoning district is hereby established to allow for the interim use of existing industrial buildings located in the Multimodal Mixed-Use land use designation, as shown on the Land Use Plan (Exhibit LU -01) of 228
Division 5.01—Zoning Districts and Boundaries
Ontario Development Code Page 5.01-11 (Rev. 01.16.202412.03.2024) The Ontario Plan, with general industrial land uses allowed in the IG zoning district pursuant to Table 5.02-1 (Land Use Matrix) of this Division, while at the same time preserving the City's vision for the development of a multi- modal transit center and supporting mixed -use development. The MTC Overlay zoning district is consistent with, and implements, the Multimodal Mixed-Use land use designation of the Policy Plan component of The Ontario Plan.
5. ICC (Interim Community Commercial) Overlay Zoning District . The ICC Overlay zoning district is hereby established to allow for the interim use of existing commercial buildings, which are nonconforming as to zoning and/or land use. Property in the ICC Overlay zoning district shall be subject to the land use requirements of the CN and CC zoning districts, as shown in Table
5.02-1 (Land Use Matrix) of this Division, while at the same time preserving the City's long term vision for the development and use of property consistent with the underlying Policy Plan (general plan) land use designation. The ICC Overlay zoning district is consistent with, and implements, all land use designations of the Policy Plan component of The Ontario Plan.
6. AH (Affordable Housing) Overlay Zoning District. The AH Overlay zoning district is hereby established to facilitate housing opportunities within the City of Ontario by means of the implementation of required rezone programs pursuant to the City 's adopted Housing Element , where required for compliance with State Housing Element law.
7. CNO (Chino Airport) Overlay Zoning District. The CNO zoning district is hereby established to: [i] delineate the Airport Influence Area (AIA) for Chino Airport as the boundary of the CNO Overlay zoning district; [ii] adopt an airport land use compatibility plan for Chino Airport that is consistent with the 2011 Caltrans Airport Land Use Planning Handbook solely to address impacts within the boundaries of the City of Ontario; and [iii] promote compatibility between Chino Airport and the land uses that surround it. Property in the CNO Overlay zoning district shall be subject to the requirements of Reference I ( Chino Airport Land Use Compatibility Plan ) of this Development Code, which includes maps, criteria, and policy language to guide development within the Chino Airport AIA.
5.01.010: Zoning Map Adoption
The City Council hereby adopts the official zoning map of the City, entitled "City of Ontario Zoning Map" (hereafter referred to as "Zoning Map" ). The Zoning Map is hereby incorporated into this Development Code by reference and shall be maintained on file in the office of the Planning Department. The boundaries of the zones as set forth on the Zoning Map are confirmed, adopted, and established, and may be amended pursuant to the requirements of Section 4.01.040 (Zone Changes) of this Development Code.
5.01.015: Zoning District Boundaries
When uncertainty exists as to the boundary of a district shown on the Zoning Map, the following regulations shall control:
A. Where a boundary line is indicated as following a street or alley, the boundary line shall be construed as following the centerline of the right-of-way;
B. Where a boundary line follows or coincides approximately with a lot line or property ownership line, the boundary line shall be construed as following the lot line or boundary line;
229
Division 5.01—Zoning Districts and Boundaries
(Rev. 01.16.202412.03.2024) Page 5.01-12 Ontario Development Code C. Where the boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, unless specifically indicated by dimensions on the Zoning Map, the boundary line shall be determined based on the scale of the Zoning Map;
D. Where uncertainty exists, the Zoning Administrator shall determine in writing , the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map, the objectives of the Development Code, and the specific purposes for each district; and
E. Where a street or alley is officially vacated or abandoned, the area within the area of vacated street or alley on each side of the centerline shall be classified in the same zoning district as the adjoining property.
230
Ontario Development Code Page 5.02-1 (Rev. 01.16.202412.03.2024) Division 5.02—General Land Use Provisions
Sections:
5.02.000: Purpose
5.02.005: Applicability
5.02.010: Allowed Land Uses, Activities and Facilities
5.02.000: Purpose
The purpose of this Division is to identify those land uses, activities and facilities that may be established in conjunction with any buildings, improvements, lots, or premises that are privately owned, leased, operated, or controlled within the zoning districts established by Section 5.01.005 (Establishment of Base Zoning Districts) of this Development Code, and is to serve as a guide for the establishment of publicly owned land uses, activities and facilities (see Subsection 1.01.015.F (City Properties) of this Development Code.
5.02.005: Applicability
A. Land Use Matrix.
1. Land and facilities thereon shall be developed, divided, and/or used only for those activities and facilities listed in Table 5.02-1 (Land Use Matrix) of this Division. Table 5.02-1 (Land Use Matrix) establishes uses that are permitted, conditionally permitted, administratively permitted, or expressly prohibited, within the zoning districts established by Section 5.01.005 (Establishment of Base Zoning Districts) and identified on the Zoning Map established by Section 5.01.015 (Zoning Map Adoption) of this Chapter. A use that is not specifically allowed by Table 5.02 -1 (Land Use Matrix) shall be deemed a prohibited use unless otherwise allowed by the Zoning Administrator pursuant to Subsection C (Land Uses, Activities and Facilities Not Addressed by the Land Use Matrix) of this Section. Notwithstanding any other provision of this Development Code, a medical marijuana dispensary, as defined in Division 9.01 (Definitions) of this Development Code shall be a prohibited use in all zoning districts of the City (see Section 5.03.295 (Medical Marijuana Dispensary) of this Chapter).
2. Table 5.02-1 (Land Use Matrix) further establishes a hierarchy of land uses, activities, and facilities, based upon the North American Industry Classification System (NAICS) — the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy — and identifies the NAICS code for each industry sector (2 -number code), subsector (3 -number code), group (4 -number code), subgroup (5 -number code), and use (6 -number code), as they are applicable to the City, allowing the user to effectively reference the NAICS Association web
site t o obtain definitions for each industry, along with background information and access to various NAICS reference files and tools.
B. Land Use Regulations, Operating Conditions, and Development Standards. The "Additional Regulations" column of Table 5.02 -1 (Land Use Matrix) references the location of regulations, operating conditions, and/or development standards that are applicable to the corresponding land uses, activities and facilities.
231
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-2 Ontario Development Code C. Land Uses, Activities and Facilities Not Addressed by the Land Use Matrix. Land uses, activities, or facilities not addressed by Table 5.02.1 (Land Use Matrix) may be considered by the Zoning Administrator upon the request for a land use determination pursuant to Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code.
D. Specialized Use and Overlay Zoning Districts. Land uses, activities, and facilities within Specialized Use and Overlay Zoning Districts, which are not addressed in Table 5.02 -1 (Land Use Matrix), shall be applied as follows:
1. PUD (Planned Unit Development) Zoning District. The PUD zoning district is established to accommodate the development and use of properties that require Planned Unit Development approval pursuant to Exhibit LU -05 (Additional Plans Map) of the Policy Plan component of The Ontario Plan. Land uses, activities, and facilities within the PUD zoning district shall only be allowed pursuant to the applicable Planned Unit Development document.
2. SP (Specific Plan) Zoning District. The SP zoning district is established to accommodate the adoption of Specific Plans pursuant to Exhibit LU-05 (Additional Plans Map) of the Policy Plan component of The Ontario Plan. All land uses, activities, and facilities within the SP zoning district shall only be allowed pursuant to the applicable Specific Plan document.
3. EA (Euclid Avenue) Overlay District. The EA Overlay District is established to protect Euclid Avenue as a major scenic and historic resource of the City. All land uses, activities, and facilities within the EA Overlay district shall be allowed pursuant to the requirements of the applicable underlying base zoning district.
4. ES (Emergency Shelter) Overlay District. The ES Overlay District is established to accommodate Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers within areas of the City predetermined by the Housing Element (contained within the Policy Plan component of The Ontario Plan), pursuant to GC Section 65583. Within the ES Overlay District, Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers are permitted by right of being within the correct zoning district, and are subject to the land use standards contained within Section 5.03.400 (Temporary Shelters) of this Chapter and the development standards and guidelines contained within (Division 6.01 (District Standards and Guidelines) of this Development Code, as applicable to the underlying base zoning district.
5. MTC (Multimodal Transit Center) Overlay District. The MTC Overlay District is established to allow for the interim use of existing buildings located within the overly district boundary (established pursuant to Paragraph 5.01.010.F.4 (MTC (Multimodal Transit Center) Overlay District) of this Development Code), while at the same time preserving the City's vision for development of a multi-modal transit center and supporting mixed-use development. To this end, the below -listed land uses shall be permitted within existing buildings located within the MTC Overlay District:
a. General warehousing, storage, and distribution trades;
b. Wholesale trades;
c. Retail trades, limited to 15 percent of the building GFA or 8,000 SF, whichever is less;
d. Office administrative and business support services; and
232
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-3 (Rev. 01.16.202412.03.2024) e. Other uses approved by the Zoning Administrator that are similar in nature to those uses listed in Subparagraphs B.5.a through d, above, provided all activities are wholly contained within the building and do not have the potential to negatively impact properties in the vicinity, or are consistent with the Vision and Policy Plan components of The Ontario Plan.
E. Mobile Business Activities not addressed by Table 5.02 -1 (Land Use Matrix). Any mobile business activity that is not otherwise allowed pursuant to Table 5.02 -1 (Land Use Matrix) of this Division, or has been allowed by the Zoning Administrator following a request for a use determination pursuant to Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code, shall be expressly prohibited.
5.02.010: Allowed Land Uses, Activities and Facilities
A. Land Use Matrix (Table 5.02- 1) Symbols. Land and facilities thereon shall only be developed, divided and/or used for those activities listed in Table 5.02 -1 (Land Use Matrix) of this Division. The symbols shown in the Land Use Matrix shall have the following meanings:
1. "P" (permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district, and is subject to each Development Code provision applicable to the specified zoning district and the standards for specific uses, activities, and facilities contained in Division 5.03 (Supplemental Land Use Regulations) of this Development Code.
2. "C" (conditionally permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section
4.02.025 (Conditional Use Permits) of this Development Code, and is subject to each Development Code provision applicable to the specified zoning district and the standards for specific uses, activities, and facilities contained in Division 5.03 (Standards For Specific Uses, Activities and Facilities).
3. "A" (administratively permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code, and is subject to Development Code provisions applicable to the specified zoning district and the standards for specific uses, activities and facilities contained in Division 5.03 (Standards For Specific Uses, Activities and Facilities).
4. "---" (prohibited) shall mean the land use, activity, or facility within the specified zoning district is expressly prohibited and shall not be allowed within the specified zoning district unless changed by Development Code Amendment.
B. Consistency with the Policy Plan (General Plan) Component of The Ontario Plan. No land use, activity or facility shall be permitted that is inconsistent with the objectives, polices, general land uses and programs specified in Policy Plan (General Plan) component of The Ontario Plan. A land use is consistent with The Ontario Plan if considering all of its aspects, it is found to further the objectives and policies of The Ontario Plan.
C. Table 5.02-1 (Land Use Matrix) Organization. The land uses addressed in Table 5.02-1 (Land Use Matrix) are organized as follows:
233
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-4 Ontario Development Code NAICS Codes Land Uses, Activities and Facilities
Residential
Mixed Use
11 Commercial Agriculture
21 Mining, Quarrying, and Oil and Gas Extraction
22 Utilities
23 Construction
31-33 Manufacturing
42 Wholesale Trade
44-45 Retail Trade
48-49 Transportation and Warehousing
51 Information
52 Finance and Insurance
53 Real Estate, Rental and Leasing
54 Professional, Scientific and Technical Services
55 Management of Companies and Enterprises
56 Administrative and Support, and Waste Management and Remediation Services 61 Education Services
62 Health Care and Social Assistance
71 Arts, Entertainment and Recreation
72 Accommodation and Food Services
81 Other Services (except Public Administration)
92 Public Administration
Temporary and Interim Land Uses, Buildings and Structures
234
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-5 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
RESIDENTIAL
Animal Keeping (as an accessory use)
Birds
• Fewer than 25 birds P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See residential animal keeping standards contained in S ection 5.03.410 (Urban
Agriculture)
• 25 to 100 birds C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- • More than 100 birds --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Cattle & Buffalo P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Exotic Pets C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- Horses P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Household Pets (limited to any combination of dogs, cats, potbellied pigs, rabbits, chinchillas, and other small, domesticated animals that are maintained for non-breeding purposes only)
• 4 or fewer pets P P P P --- --- --- --- --- --- --- P P P P P P P P P P P --- --- --- --- --- P --- P --- --- --- --- --- See residential animal keeping standards contained in Section 5.03.410 (Urban
Agriculture)
• 5 to 8 pets --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- • More than 8 pets --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- Llamas, Alpacas, Burros, Donkeys, and Mules P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Ostriches, Emus, and Rheas P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Poultry and Fowl P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Rabbits and Chinchillas P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Swine P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Sheep, Goats, and Similar Livestock P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Caretaker Quarters (excludes Caretaker Quarters established in conjunction with Self-Storage Facilities (NAICS 493190)) --- --- --- --- --- C C C C --- C --- --- --- --- --- --- --- --- --- --- --- C --- C C C P --- --- --- --- --- --- ---
Community Gardens, Urban Farms, and Related Uses A A A A A A A A A A A **A A A A A A A A A A A A A A A A A A A --- A A --- A See community garden and urban farms standards contained in Section 5.03.410 (Urban
Agriculture)
** Use shall be prohibited on property located
along the Euclid Avenue Protection Corridor
(refer to Figure 5.01-2: MU-1 (Downtown
Mixed Use) Zoning District Land Use Map) for
locations.
Employee (Farmworker) Housing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.177 (Employee (Farmworker) Housing)
Home Occupations A A A A --- --- --- --- --- --- --- A A A A A A A A A A A --- --- --- --- --- A --- A --- --- --- --- --- See Section 5.03.240 (Home Occupations) Mobilehome Parks --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- See Section 5.03.295 (Mobilehome Parks)
235
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-6 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
Residential Development Projects
Accessory Residential Structures (structures that are incidental to a primary single-family dwelling)
Accessory Dwelling Units P P P P --- --- --- --- --- --- --- P P P P P P P P P --- P --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.010 (Accessory Dwelling Units) Accessory Residential Structures (includes guesthouses, pool houses, freestanding recreation rooms, garages, carports, garden and tool sheds, and other ancillary buildings and structures determined appropriate by the Planning Director)
P P P P --- --- --- --- --- --- --- P P --- P --- P P P P P P --- --- --- --- --- P --- P --- --- --- --- --- See Subsection B (Accessory Residential Structures) of Section 5.03.011
Multiple-Family Dwellings --- --- P P --- --- --- --- --- --- --- P P --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Table 6.01-3 (Multiple-Family Residential Development Standards)
Single-Family Dwellings
• Traditional Single-Family Residential Subdivisions P P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-1 (Traditional Single-Family
Development Standards)
• Small Lot Traditional Single-Family Residential Subdivisions --- P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2A (Small Lot Traditional
Residential Development Standards)
• Small Lot Alley-Loaded Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2B (Small Lot Alley-Loaded
Residential Development Standards)
• Cluster Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2C (Cluster Single-Family
Residential Development Standards)
Small Lot Infill Subdivisions --- --- P P --- --- --- --- --- --- --- P P --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 6.01.010.F (Small Lot Infill Subdivisions)
Senior Citizen Housing Developments --- --- P P --- C C --- --- --- --- P --- --- P P --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.360 (Senior Citizen Housing Developments)
Single Room Occupancy (SRO) Facilities --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.370 (Single Room Occupancy (SRO) Facilities)
Supportive Housing P P P --- --- --- C --- --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- P C --- --- C --- --- --- --- --- --- See Section 5.03.405 (Transitional Shelters and Supportive Housing)
MIXED USES
Nonresidential Mixed-Use Developments (development projects containing a mix of commercial and light industrial uses in the same building or on the same site)
--- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Use Developments) Residential Mixed-Use Developments (development projects containing a mix of commercial and residential uses in the same building or on the same site)
--- --- --- --- --- C C --- --- --- --- P P P P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Use Developments) Work/Live Units --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.425 (Work/Live Units) 236
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-7 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
11 COMMERCIAL AGRICULTURE
111 Commercial Crop Production and Farming (except community gardens, urban farms, and marijuana cultivation)
C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- P P P P P See Section 5.03.410 (Urban Agriculture) ** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure
5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Community Gardens A A A A A A A A A A A **A A A A A A A A A A A A A A --- --- A A A --- A A A A • Urban Farms A A A A A A A A A A A **A A A A A A A A A A A A A A A A A A --- --- A A A A • Marijuana Cultivation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See OMC Title 6, Chapter 18 for Marijuana Cultivation for Personal Use
112 Commercial Animal Production and Aquaculture
1121 Cattle Ranching and Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture) 1122 Hog and Pig Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1123 Poultry and Egg Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1124 Sheep and Goat Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 1125 Aquaculture (includes the cultivation of freshwater and saltwater fish, crustaceans, mollusks, aquatic plants, algae, and other organisms) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1129 Other Animal Production
112910 Apiculture (beekeeping and production) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- P --- --- --- P See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture) 112920 Horses and Other Equine Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 112930 Fur-Bearing Animal Production (limited to rabbits, chinchillas, and other similar small, fur-bearing animals)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 112990 All Other Animal Production, limited to the following:
• Kennels and Catteries (includes animals owned by the owner or occupant of the property, and those kept and/or boarded for remuneration)
[1] Fewer than 8 animals P --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- P --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture) and OMC Section 6-1. 224 through
Section 6-1.228 r egarding commercial kennel
licensing.
[2] 8 or more animals --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- C --- --- --- --- --- --- --- • Alpaca and Llama Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture)
• Aviaries --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- • Ostrich, Emu, and Rhea Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 237
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-8 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
115 Support Activities for Agriculture
115111
115112
115113
115114
115115
115116
Support Activities for Crop Production (includes cotton ginning; soil preparation, planting and cultivating; crop harvesting; postharvest crop activities; farm labor contractors and crew leaders; and farm management services)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 115210 Support Activities for Animal Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 21 MINING, QUARRYING, AND OIL AND GAS EXTRACTION
211 Oil and Gas Extraction --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 212 Mining (except oil and gas) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 213 Support Activities for Mining --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 22 UTILITIES
221 Utilities
2211 Electric Power Generation, Transmission and Distribution
221111 Hydroelectric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221112 Fossil Fuel Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- C --- --- --- --- 221113 Nuclear Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 221114,
221115
Solar and Wind Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- P --- --- --- --- --- C See Section 5.03.160 (Electric Power Generation, Solar and Wind)
221116,
221117,
221118
Geothermal, Biomass, and All Other Electric Power Generation (excepting solar and wind electric power generation)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221121
221122
Electric Power Transmission, Control and Distribution (includes power transmission and control, and power distribution)
C C C C C C C C C C C C C C C C C C C C C C C C C C C --- C C P C C C C 23 CONSTRUCTION
236,
237,
238
Contractors (limited to businesses whose primary activity is performing specific activities involved in building construction, engineering and capital improvement projects, or the preparation of sites for construction)
• Completely within a Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- • With Outdoor Storage (screened from public view) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading
Doors)
238
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-9 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
31-33 MANUFACTURING
*** Boutique/Artisan Small-Scale and Micro Manufacturing Facilities (includes all types of small-scale businesses that produce tangible goods, such as but not limited to: textiles, hardware and hardware prototyping, woodworking, metal working, 3D printing, consumer product design and prototyping, nonalcoholic beverage production, local food production and packaging, soaps, perfumes and lotions.
Businesses may provide products directly to the consumer and/or to other businesses)
--- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- *** NAICS number shall be established based upon the primary manufacturing land use
type
See Section 5.03.037 (Artisan Small-S cale and
Micro Manufacturing Facilities)
311 Food Manufacturing
3111 Animal Food Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3112 Grain and Oilseed Milling --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3113 Sugar and Confectionery Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3115 Dairy Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3116 Animal Slaughtering and Processing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 3117 Seafood Product Preparation and Packaging --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 3118 Bread and Tortilla Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- See Section 5.03.085 (Bread and Tortilla Manufacturing)
3119 Other Food Manufacturing (including snack foods, roasted nuts and peanut butter, coffee and tea, flavoring syrup and concentrate, seasoning and dressing, spice and extract, and all other miscellaneous food manufacturing)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.190 (Food Manufacturing, Other)
312 Beverage and Tobacco Product Manufacturing
312111
312112
312113
Beverage Manufacturing (including soft drink, bottled water and ice manufacturing; however, excludes alcoholic beverage manufacturing) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 312120
312130
312140
Alcoholic Beverage Manufacturing (including breweries, wineries and distilleries, and related tasting rooms)
• GFA less than 10,000 SF --- --- --- --- --- --- C C C --- --- A A A A --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.023 (Alcoholic Beverage Manufacturing)
• GFA 10,000 or More SF --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- 3122 Tobacco Products Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- 313 Textile Mills (transforms basic fiber into fabric) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 314 Textile Product Mills (transforms fabric into product, except apparel) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 315 Apparel Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.035 (Apparel Manufacturing) 316 Leather and Allied Product Manufacturing
3161 Leather and Hide Tanning and Finishing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 239
Division 5.02—General Land Use Provisions
(Rev. 01.16.202412.03.2024) Page 5.02-10 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
3162 Footwear Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.195 (Footwear Manufacturing) 3169 Other Leather and Allied Product Manufacturing (limited to manufacturing of luggage, handbags, purses, personal leather goods and other leather products)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.255 (Leather and Allied Product Manufacturing, Other)
321 Wood Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 322 Paper Manufacturing
3221 Pulp, Paper, and Paperboard Mills --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3222 Converted Paper Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- --- --- --- --- --- 323 Printing and Related Support Activities --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 324 Petroleum and Coal Products Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 325 Chemical Manufacturing
3251 Basic Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3252 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- 3253 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
325311 Fertilizer Manufacturing with on-site composting --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Section 5.03.187 (Fertilizer Manufacturing from Manure Operations (FMMO)); and
Section 5.03.415 (Waste Treatment and
Disposal—Composting and Anaerobic Digestion
Facilities)
325314 Fertilizer Manufacturing without on-site composting (limited to mixing of purchased materials)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- 325320 Pesticide and Other Agricultural Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 3254 Pharmaceutical and Medicine Manufacturing (excludes biological product manufacturing—see NAICS 325414, below)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C P --- --- --- P --- --- --- --- See Section 5.03.325 (Pharmaceutical and Medicine Manufacturing)
325414 Biological Product (except diagnostic) manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3255 Paint, Coating, and Adhesive Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3256 Soap, Cleaning Compound, and Toilet Preparation Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 5.03.375 (Soap, Cleaning Compound, and Toilet Preparation
Manufacturing)
3259 Other Chemical Product and Preparation Manufacturing 325910 Printing Ink Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 325920 Explosives Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 325991 Custom Compounding of Purchased Resins --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 325992 Photographic Film, Paper, Plate, and Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 240
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-11 (Rev. 01.16.202412.03.2024) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.
AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing (such as: activated carbon and charcoal, antifreeze preparations, electronic cigarette vapor refills, industrial salt, lighter fluids (e.g., charcoal, cigarette), matches and matchbooks, pyrotechnics (e.g., flares, flashlight bombs, signals), sugar substitutes (i.e., synthetic sweeteners blended with other ingredients) made from purchased synthetic sweeteners, swimming pool chemical preparations, and writing inks)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 326 Plastics and Rubber Products Manufacturing