d. Assure that Alcoholic Beverage Sale Commercial Activities are not the source of undue public nuisances in the community;
e. Encourage properly maintained alcoholic beverage sale establishments so that negative impacts generated by these activities are not harmful to the surrounding environment in any way; and
f. Monitor deemed approved activities to ensure they do not substantially change in mode or character of operation.
2. Applicability.
a. The Deemed Approved Alcoholic Beverage Sale regulations shall be applicable, to the extent permissible under other laws, to the following:
(1) All Legal Nonconforming Alcoholic Beverage Sale Commercial Activities within the City;
(2) The Nonconforming Use provisions contained in Division 3.01 (Nonconforming Lots, Uses, Structures, and Signs) of this Development Code; and
(3) A Conditional Use Permit operated pursuant to its conditions of approval.
b. Whenever any provision of the Deemed Approved Alcoholic Beverage Sale regulations and any other provision of law, whether set forth in this Development Code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, the provision that is more restrictive, or imposes a higher standard, shall control, except as otherwise expressly provided by the Deemed Approved Alcoholic Beverage Sale Regulations.
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3. Zoning Administrator. The Zoning Administrator shall conduct public hearings and make recommendations intended to encourage and achieve the compliance of particular sites with the provisions of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section, as appropriate. This Paragraph is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies, in the field of monitoring and ensuring the harmony of Alcoholic Beverage Sale Commercial Activitie s in the City. These parties shall have the powers and duties assigned to them by the Development Code, by the zoning regulations, by other codes and ordinances, or by valid administrative authority.
4. Definitions. For the purposes of this Section, the words or phrases listed below, in correct alphabetical order, shall have the meanings hereafter specified:
a. Alcoholic Beverage. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains 0.5 percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed, or combined with other substances, and sales of which requires an ABC license.
b. Alcoholic Beverage Sales Commercial Activity. The retail sale, for on-site or off-site consumption, of liquor, beer, wine, or other alcoholic beverages at establishments including but not limited to stores, liquor stores, specialty wine shops, restaurants, restaurant/bars, bars, taverns, brew pubs, cabarets, and businesses with temporary or permanent licenses from ABC to sell alcoholic beverages to the general public.
c. Deemed Approved Activity. Any Legal Nonconforming Alcoholic Beverage Sales Commercial Activity, as defined in this section, where the activity was in existence immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Sect ion. These activities shall be considered a Deemed Approved Activity as long as the establishment conducting the Deemed Approved Activity complies with the provisions of the Deemed Approved Alcoholic Beverage Sale Regulations set f orth in this Section.
d. Deemed Approved Status. The permitted use of land for a Deemed Approved Activity. Deemed Approved Status replaces legal nonconforming status with respect to Alcoholic Beverage Sales Commercial Activity.
e. Illegal Activity. An activity that has been finally determined to be in noncompliance with the Deemed Approved performance standards contained in Paragraph G.6 (Performance Standards and Deemed Approved Activities ), of this Section. Such an activity shall lose its Deemed Approved Status and shall no longer be considered a Deemed Approved Activity.
f. Legal Nonconforming Alcoholic Beverage Sales Commercial Activity (Legal Nonconforming Activity). An Alcoholic Beverage Sales Commercial Activity that was a nonconforming use pursuant to the Nonconforming Use regulations contained in Division 3.01 (Nonconforming Lots, Uses, Structures, and Signs) of this Development Code, and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license, at a time immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations. The Activity shall be considered a Deemed Approved Activity, and shall no longer be considered a Legal Nonconforming Activity, except the Activity shall be subject to those zoning regulations relating to nonconforming uses as specified in Division 3.01 (Nonconforming Lots, Uses, Structures, and Signs), as of the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations.
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g. Low-End Fortified Wine. A class of inexpensive fortified wines. In contrast to table wine, which may be enjoyed as an accompaniment to a meal, or high -end fortified wine, enjoyed as an aperitif, low -end fortified wines are generally considered suitable only for intoxication.
h. Off-Sale Alcohol Outlet. An establishment that conducts retail sales of Alcoholic Beverages for consumption off the premises where sold.
i. On-Sale Alcohol Outlet. An establishment that conducts retail sales of Alcoholic Beverages for consumption on the premises where sold.
j. Performance Standards. Regulations prescribed in the Deemed Approved Performance Standards contained in Paragraph G.6 (Performance Standards and Deemed Approved Activities) of this Section , regulating the business practice, activities and land use for locations with Deemed Approved Status, or those further requirements imposed by the Zoning Administrator to achieve these goals. Performance Standards constitute requirements that shall be complied with by an establishment in order for the establishment to ret ain its Deemed Approved Status.
k. Premises. The building and land surrounding it considered as a single business engaged in Alcoholic Beverage Sales Activities. The premises shall include parking areas, outdoor patios and similar features.
l. Supplemental Conditions of Approval. Those requirements imposed by the Zoning Administrator following a public hearing conducted pursuant to the provisions of Paragraph G.8 ( Violations of Performance Standards, Supplemental Conditions of Approval, or Other Provisions of this Article—Public Hearing) et seq. of this Section. Supplemental Conditions of Approval constitute requirements that shall be complied with by an establishment in order for the establishment to retain its Deemed Approved Status.
5. Automatic Deemed Approved Status.
a. All Alcoholic Beverage Sales Commercial Activities that were Legal Nonconforming Activities immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations shall automatically become Deemed Approved Activities as of the effective date of the Deemed Approved Alcoholic Beverage Sale regulations and shall no longer be considered Legal Nonconforming Activities.
b. Each establishment with Deemed Approved Status shall retain its Deemed Approved Status; provided, it complies with the Deemed Approved performance standards as set forth in Paragraph G.6 ( Performance Standards and Deemed Approved Activities ) of this Section, or as promulgated by the Zoning Administrator. However, any change in the State Department of Alcoholic Beverage Control license type, revocation of the ABC license, or a substantial physical change of character of the establishment, as defined in CCR T itle 4, Section
64.2(b), shall terminate the Deemed Approved Status for the establishment and shall thereafter require a Conditional Use Permit or other applicable entitlements allowing Alcoholic Beverage Sales Commercial Activity to continue the activity.
c. If any establishment with Deemed Approved Status discontinues operation, is suspended from operations, or surrenders the premises for more than 90 consecutive days, the Deemed Approved Status is subject to revocation per the requirements of Division 3.01 222
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(Rev. 03.18.202507.01.2025) Page 5.03-40 Ontario Development Code (Nonconforming Lots, Uses, Structures, and Signs) of this Development Code. Any subsequent Alcoholic Beverage Sales Commercial Activity may only be resumed upon the granting by the City of a Conditional Use Permit allowing such Activity. Revocation of Deemed Approved Status pursuant to this Section may be made following a public hearing by the Zoning Administrator pursuant to the provisions of Paragraph G.8 (Violations of Performance Standards, Supplemental Conditions of Approval or Other Provisions of this Article – Public Hearing) et seq. of this Section.
6. Performance Standards and Deemed Approved Activities . A Deemed Approved Activity shall retain its Deemed Approved Status only if it conforms to each of the following Deemed Approved Performance Standards:
a. The Deemed Approved Activity shall not result in adverse impacts to the health, peace or safety of persons residing or working in the surrounding area;
b. The Deemed Approved Activity shall not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;
c. The Deemed Approved Activity shall not result in nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, sales to minors, curfew violations, lewd conduct, or police detentions and arrests;
d. The Deemed Approved Activity shall comply with all applicable provision of any local, state, or federal regulation, ordinance or statute, including but not limited to those of the ABC, BPC Sections 24200, 24200.6 and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual City business taxes and alcohol sales administrative program fees imposed pursuant to the OMC; and
e. The upkeep and operating characteristics of the Deemed Approved Activity shall be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
7. Notification to Owners of Establishments Conducting Deemed Approved Activities.
The Zoning Administrator shall notify the owner of each establishment conducting a Deemed Approved Activity, and the property owner, if different from t he Deemed Approved Activity , of the establishment 's Deemed Approved Status. The notice shall be sent via certified mail return receipt requested; shall include a copy of the performance standards contained in Paragraph G.6 (Performance Standards and Deemed Approved Activities), above, with the requirement that these be posted in a conspicuous and unobstructed place, which is visible from the entrance of the establishment for public review; notification that the establishment is required to comply with all performance standards; that a review fee is required, as adopted by separate resolution of the City Council, and the amount of the fee that is required to be paid; and that the activity is required to comply with all other aspects of the Deemed Approved Alcoholic Beverage Sale Reg ulations.
Should the notice be returned, it shall then be sent via regular U.S. Mail.
8. Violations of Performance Standards, Supplemental Conditions of Approval or Other Provisions of this Article—Public Hearing.
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Ontario Development Code Page 5.03-41 (Rev. 03.18.202507.01.2025) a. Upon receipt of a complaint that an establishment conducting a Deemed Approved Activity is in violation of the Performance Standards set forth in Paragraph G.6 (Performance Standards and Deemed Approved Activities ) of this Section , or other conditions promulgated by the Zoning Administrator, or any other provision of these Deemed Approved Alcoholic Beverage Sales Regulations, and once it is reasonably determined by the City that the violations have occurred, or are occurring, then the Deemed Approved Status of the establishment in question shall be reviewed by the Zoning Administrator at a public hearing.
Notification of the public hearing shall be provided pursuant to Paragraph G.10 (Notification of Public Hearing) of this Section.
b. The purpose of the public hearing is for any interested party to submit evidence to the Zoning Administrator concerning whether the operating methods of the establishment conducting the Deemed Approved Activity is violating the Performance Standards, Supplemental Conditions of Approval, other provisions of these Deemed Approved Alcoholic Beverage Sales Regulations, or are causing a nuisance in the area surrounding the establishment.
Within 10 days of completion of the hearing, the Zoning Administrator shall render a written decision. The Zoning Administrator's decision may allow the Deemed Approved Status to continue for the establishment in question, to impose Supplemental Conditions of Approval pursuant to Paragraph G.9 (Supplemental Conditions of Approval) of this Section, that are, in the judgment of the Zoning Administrator, necessary to ensure compliance with the Performance Standards or the provisions of these Deemed Approved Alcoholic Beverage Sales Regulations , or to suspend or revoke the establishme nt's Deemed Approved Status. The decision of the Zoning Administrator shall be based upon information and evidence submitted by staff, evidence submitted by the business establishment owner and evidence submitted by any other interested parties.
Supplemental Conditions of Approval shall be made a part of the Deemed Approved Status, and the establishment shall be required to comply with these Supplemental Conditions of Approval in order to retain its Deemed Approved Status. The determination of the Zoning Ad ministrator shall become final 10 calendar days after the date of decision, unless appealed to the Planning Commission pursuant to Division 2.04 (Appeals) of this Development Code.
9. Supplemental Conditions of Approval.
a. The Zoning Administrator may impose Supplemental Conditions of Approval relating to one or more of the following (may not apply to Wineries with a Type 02 ABC license):
(1) Entertainment uses, activities, or amusement devices on the premises;
(2) Separation, monitoring, or design of area devoted to alcohol sales;
(3) Security measures for both the interior and exterior of the premises;
(4) Lighting, litter, trash receptacles, graffiti or nuisance abatement, or other similar requirements; or
(5) Maintenance.
b. Specific Supplemental Conditions of Approval that may be imposed, include, but are not limited to, the following:
(1) Sound Walls. If the Deemed Approved Activity abuts residential areas, a sound wall may be required between the establishment conducting the Deemed 224
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(Rev. 03.18.202507.01.2025) Page 5.03-42 Ontario Development Code Approved Activity and the abutting residential areas. The sound wall shall comply with all state and local requirements for construction and location and shall not obstruct the view of the building and parking areas from the street. Vegetation may be required to be planted along the sound wall to improve the appearance of the sound wall.
(2) Trash Receptacles. Permanent, non -flammable trash receptacles, may be required to be located at convenient locations, appropriately screened from view, outside the establishment and in the establishment 's parking area (if any). The operators of the business may be required to remove on a daily basis, or more frequently if needed to maintain a litter-free environment, all trash from these receptacles and from the sidewalk adjacent to the establishment. The operators of the business also may be required to remove, at least three times per week, all trash originating from its establishment deposited on public property within 250 FT of any boundary of its premises.
(3) Pay Telephones. Pay telephones on the site of the establishment may either be (a) prohibited; or (b) required to be of the type that only allow outgoing calls and be located in a visible and well-lighted location.
(4) Program. A "complaint response -community relations " program established and maintained by the establishment conducting the Deemed Approved Activity may be required. The program may include the following:
(a) Posting at the entry of the establishment providing the telephone number for the area commander of the local law enforcement substation to any requesting individual.
(b) Coordinating efforts with the Police Department to monitor community complaints about the establishment's activities.
(c) Having a representative of the establishment meet with neighbors or the applicable neighborhood association on a regular basis and at their request, attempt to resolve any neighborhood complaints regarding the establishment.
(5) Activities. If appropriate, the following activities may be prohibited on the premises: pool or billiard tables, pinball games, arcade style video or electronic games, or coin-operated amusement devices.
(6) Prohibited Products. To discourage nuisance activities, an Off -Sale Alcohol Outlet may be prohibited from selling one or more of the following products or may be required to sell products in the manner prescribed below:
(a) Malt beverage products with alcohol content greater than 5-1/2 percent by volume;
(b) Wine with an alcoholic content greater than 18 percent by volume. No sales of low-end fortified wine are permitted;
(c) Containers of beer or malt liquor larger than 39 ounces;
(d) Distilled spirits in bottles or containers smaller than 375 milliliters;
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Ontario Development Code Page 5.03-43 (Rev. 03.18.202507.01.2025) (e) Cooler products, either wine - or malt -beverage-based, in less than manufacturer pre-packaged multi-unit quantities;
(f) No beer or malt beverage products shall be sold, regardless of container size, in quantities of less than manufacturer pre-packaged multi-unit quantities;
(g) Wine in less than 750 milliliter volume containers, specialty wine products in less than 375 milliliter volume containers, or in less than manufacturer pre - packaged multi-unit quantities; and/or
(h) Wine coolers, beer coolers, or pre -mixed distilled spirit cocktails shall be sold in manufacturer pre -packaged multi -unit quantities. No sales of single containers of wine coolers, beer coolers, or pre-mixed spirit cocktails are permitted.
(7) Alcoholic Beverage Sales/Delivery Restricted to Building Confines.
The sales and/or delivery of alcoholic beverages shall be restricted to and within the confines of the building portion of the premises.
(8) Alcoholic Beverage Sales/Delivery through a Pass-Through Window.
The sales and/or delivery of alcoholic beverages through any pass-through window is prohibited.
(9) Exterior Advertising or Signage that Promotes or Indicates the Availability of Alcohol Beverages. There shall be no exterior advertising or sign of any kind or type (other than business identification), including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages (interior displays of alcoho lic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition).
(10) Chilled Alcoholic Beverages. An Off -Sale Alcohol Outlet may be prohibited from maintaining refrigerated or otherwise chilled alcoholic beverages on the premises.
(11) Hours of Operation. In an On-Sale or Off-Sale Alcohol Outlet, the sale of alcoholic beverages may be restricted to certain hours of each day of the week and may be limited further by ABC.
(12) Paper or Plastic Cups. In Off -Sale Alcohol Outlets, the sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited.
(13) Signs. The following signs may be required to be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons:
(a) "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age"; and
(b) "It is illegal to possess an open container of alcohol in the vicinity of this establishment."
(14) Presentation of Documents. A copy of all Conditions of Approval and the California Department of Alcoholic Beverage Control license may be required to be kept 226
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(Rev. 03.18.202507.01.2025) Page 5.03-44 Ontario Development Code on the premises and presented to any law enforcement officer or authorized state or county official upon request.
(15) Mitigating Alcohol- Related Problems. The establishment may be required to operate in a manner appropriate with mitigating alcohol- related problems that negatively impact those individuals living or working in the neighborhood, including but not limited to: sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise, and litter.
(16) Employee Training. The owners and all employees of the Deemed Approved Activity may be required to attend a Deemed Approved regulations training class and to complete an approved course in " responsible beverage service training. " Owners and employees of the Deemed Approved Activity may thereafter be required to attend these training classes once every three years. All salesclerks in On -Sale Alcohol Outlets and Off -Sale Alcohol Outlets may be required, within 90 days of the beginning of employment, to attend these same classes. The establishment may be required to provide evidence of the employee's completion of this training to city, county or state authorities within 10 days following completion of training.
(17) Drug Paraphernalia. An Off-Sale Alcohol Outlet may be prohibited from selling drug paraphernalia products as defined in HSC Section 11014.5 and Section 11364.5. "Drug Paraphernalia " means all equipment, products and materials of any kind that are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, an alyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act (commencing with HSC Section 11000).
(18) Loitering. The establishment 's operators or employees may be required to discourage loiterers and to ask persons loitering longer than 15 minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
(19) Security Cameras. A minimum of two 24 -hour time -lapse security cameras may be required to be installed and properly maintained on the exterior of the building at locations recommended by the Police Department. All criminal and suspicious activities recorded on this surveillance equipment shall be reported to local law enforcement. To the extent allowed by law, the establishment 's operators may be required to provide any tapes or other recording media from the security cameras to the police department.
(20) Prohibited Vegetation. No exterior vegetation may be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place.
(21) Security Guards. An establishment may be required to retain a specified number of security guards. The number of security guards shall vary based upon the specific facts and circumstances of each establishment 's site and operation. All security guards shall have all required state and City permits and licenses.
c. An On -Sale Alcohol Outlet may also be required to comply with the following supplemental conditions:
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Ontario Development Code Page 5.03-45 (Rev. 03.18.202507.01.2025) (1) Sales and delivery of alcoholic beverages to customers shall be made from behind a counter or bar where an establishment employee will obtain the product;
(2) No self-service of alcoholic beverages will be permitted. This does not include pouring the beverage for oneself or another after an establishment employee has served the alcoholic beverage to a patron;
(3) Sales, delivery and consumption of alcoholic beverages shall be restricted to and within the confines of the building portion of the premises or other approved areas, such as enclosed patios;
(4) The premises shall be maintained as a bona fide food restaurant, as defined by applicable provisions of the BPC, and shall provide a menu containing an assortment of foods normally offered in such restaurants; and
(5) No alcoholic beverages shall be consumed on any property adjacent to the premises under the control of the On-Sale Alcohol Outlet.
10. Notification of Public Hearing.
a. The Zoning Administrator shall notify the owner of each establishment conducting the Deemed Approved Activity, and shall notify the property owner, if different from the Deemed Approved Activity, of the time and place of the public hearing. The notice shall be personally delivered or sent via certified mail return receipt requested and shall include notification that the Deemed Approved Status of the establishment conducting the Deemed Approved Activity will be considered before the Zoning Administrator. Th e public hearing notice shall also be given by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the city within 300 FT of the subject property. No notice shall be given less than 10 days prior to the date set for the hearing if such is to be held. Fees for notification shall be pursuant to Paragraph G.11 ( Annual Inspection Applicability) of this Section and paid for by the establishment in question that is conducting Deemed Approved Activity.
b. Notice by mail is deemed given on the date the notice is placed into the U.S. Mail system.
11. Annual Inspection Applicability . Annual inspections shall be conducted at all alcohol sales facilities, including all existing On -Sale and Off-Sale Deemed Approved facilities, as well as existing and future On -Sale and Off -Sale alcohol sales facilities operating under a Conditional Use Permit.
12. Fees Schedule. Fees including annual inspection, appeal, and reinspection fees shall be pursuant to the City master fee schedule.
13. Official Action . All officials, departments, and employees of the City, which are vested with the authority to issue permits, certificates, or licenses, shall adhere to, and require conformance with, the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section.
14. Violations and Penalties.
a. Violations of Deemed Approved Alcoholic Beverage Sale Regulations. Any person who violates, causes, or permits another person to violate any provision of the Deemed 228
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(Rev. 03.18.202507.01.2025) Page 5.03-46 Ontario Development Code Approved Alcoholic Beverage Sale Regulations set forth in this Section is guilty of either an infraction or misdemeanor, as determined by OMC Section 1-2.01 (Punishment for Violation). Either any person convicted of an infraction or misdemeanor under the provision of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section shall be punished by a fine, imprisonment, or both, according to state law.
b. Separate Offenses for Each Day . Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punishable accordingly.
c. Any Violation a Public Nuisance. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the City.
d. Injunction as Additional Remedy . Any violation of any provision of these regulations shall be and is declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
e. Administrative Penalties. In addition to any other penalties provided in this section, a person who violates, causes, or permits another person to violate any provision of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section may be issued an administrative citation pursuant to the provisions of OMC Title 1, Chapter 5 (Administrative Citations). Violations of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section are subject to the "health and safety penalties" listed in OMC Section 1-5.04 (Amount of Fines).
f. Assessment of Additional Penalties . There will be no additional penalties assessed to owners other than those provided above.
g. Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the City or any of its contractors in correction, abatement, and prosecution of the violation. Reinspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of the establishment conducting the Deemed Approved Activity or owner of the property where the establishment is located. Fees shall be in t he amount described in Paragraph G.11 (Annual Inspection Applicability) of his Section, for charged reinspections. The inspection official shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time, the charges shall be placed as a lien against the property.
15. Enforcement. The City shall designate the appropriate personnel to enforce the provisions of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section .
16. Inspection and Right of Entry . The officials responsible for enforcement of the provisions of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section, other provisions of the Development Code, or their duly authorized representatives, may enter on any site or into any structure for the purpose of investigation, provided they shall do so in a reasonable manner, whenever they have cause to suspect a violat ion of any provision of the Deemed Approved Alcoholic Beverage Sale Regulations, or whenever necessary to the investigation of violations to the Deemed Approved performance standards or conditions of 229
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Ontario Development Code Page 5.03-47 (Rev. 03.18.202507.01.2025) approval prescribed in these regulations. All inspections shall be conducted in compliance with the Fourth Amendment to the United States Constitution.
5.03.030: Ambulatory Health Care Services—All Other Miscellaneous Services
The following standards shall govern the establishment and operation of " all other miscellaneous ambulatory health care services":
A. "All other miscellaneous ambulatory health care services " shall include blood pressure screening, health screening, hearing testing, industrial clinics, pacemaker monitoring, physical fitness evaluation, and smoking cessation program services.
B. Within the OL zoning district, operating hours shall be limited to 7:00 AM to 7:00 PM, daily.
C. Within the MU -1 zoning district, the use shall not be allowed on the ground floor of storefronts that directly front on to Euclid Avenue.
D. Within the BP, IP, IL, IG, and ONT zoning districts, services shall only be limited to industrial clinics.
5.03.035: Apparel Manufacturing
Within the BP and IP zoning districts, the development of new apparel manufactur ing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.037: Artisan Small-Scale and Micro Manufacturing Facilities
The following standards shall govern the establishment and operation of " boutique/artisan small- scale and micro manufacturing facilities":
A. Boutique/artisan small-scale and micro manufacturing facilities shall not exceed 10,000 SF in GFA;
B. Storage of materials and production activities shall be maintained within a completely enclosed structure; and
C. The use shall not include the bulk storage of flammable materials for use or sale, or the bulk storage of hazardous waste.
5.03.040: Automobile Dealers—New Vehicles Sales and Leasing, and Automobile Rental
A. Automobile Dealers—New Vehicles Sales and Leasing. For new automobile dealers, up to a maximum of 49 percent of the total number of vehicles on -site at any one time, which are available for sale or lease, may consist of previously owned vehicles.
B. Vehicle Rental and Leasing.
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1. Passenger car and light truck, utility trailer, recreational vehicle and truck rental and leasing may be conditionally permitted as a freestanding land use pursuant to Table 5.02 -1 (Land Use Matrix).
2. Passenger car and light truck rental shall be permitted by right pursuant to Table
5.02-1 (Land Use Matrix), when established in conjunction with, and ancillary to, new motor vehicle sales, motor vehicle general repair facilities, motor vehicle body and pa int facilities, or full-service hotels.
3. It is intended that passenger car, truck, utility trailer, and recreational vehicle rental facilities allowed pursuant to Table 5.02-1 (Land Use Matrix), shall be permitted to maintain an on- site rental vehicle fleet, provided adequate off -street parking facilities are provided pursuant to the requirements of Division 6.03 (Off-Street Parking and loading) of this Development Code.
5.03.045: Automotive Body, Paint, and Interior Repair and Customization—Minor Customization
Minor customization work shall be limited to the "bolt-on" replacement or addition of parts only.
No body or paintwork shall be permitted, except as may be allowed pursuant to Section 5.03.050 (Automotive Body and Paint—Mobile Repair Services) of this Division.
5.03.050: Automotive Body and Paint—Mobile Repair Services
The following standards shall govern the establishment and operation of mobile automotive body and paint repair services:
A. The mobile operation shall be based at a fixed location within the City pursuant to Table
5.02-1 (Land Use Matrix). The use shall not be licensed as a home occupation.
B. Comply with all applicable requirements of the South Coast Air Quality Management District (SCAQMD). Compliance with SCAQMD regulations shall be demonstrated to the Planning Department prior to business license issuance by the City.
C. Mobile body and paint repair services shall be limited to minor dent and blemish removal/repair on motor vehicles, and the performing of minor reparative and touch-up painting to damaged or blemished areas of motor vehicles.
D. Mobile body and paint repair services shall only be performed for automobile dealerships, car rental agencies and fleet vehicle operators, within zoning districts allowing these land uses.
Repair services shall not be provided to individuals.
E. All work shall be performed within areas that are completely screened from public view.
F. Paint shall be applied using a high volume, low pressure coating delivery and application system utilizing a turbine motor to produce high volumetric flow rates at a low pressure, not to exceed 5 pounds per square inch.
G. Prior to business license issuance, the business owner or operator shall provide to the Planning Department for review and approval, written policies and procedures and for:
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1. The storage, use and disposal of cleaning solvents and thinners used in conjunction with painting and repair activities pursuant to federal, state, county and local laws, regulations, ordinances and orders;
2. The recording of daily use of solvents, thinners, coating materials and formulations used in conjunction with painting and repair activities;
3. The packaging, handling and transportation of hazardous materials used in conjunction with painting and repair activities;
4. The control of solids and liquids produced during grinding, sanding or coating, to prevent contact with the ground and potentially contaminating storm water runoff;
5. The storage, handling and disposal of hazardous wastes created as a result of painting and repair activities, pursuant to federal, state, county and local laws, regulations, ordinances and orders; and
6. Workspace safety and organization.
H. As a condition of business operations, the licensee shall fully comply with the approved policies and procedures established by Subsection G of this Section, and shall consent to the following requests by the authorized representatives of the City 's Police Department, Fire Department, Planning Department, Engineering Department or Code Enforcement Officers, during regular business hours, for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with the applicable regula tions, laws, and provisions of this Ordinance:
1. Review of business records pertaining to the daily use of solvents, thinners, coating materials and formulations used in conjunction with painting and repair activities;
2. Observation of vehicle repair and painting activities; and
3. Inspection of vehicles, materials and equipment used in conjunction with painting and repair activities.
I. Failure to comply with the mobile body and paint repair services standards contained in this Section may result in business license revocation by the City.
5.03.055: Automotive Glass Replacement Shops
The following standards shall govern the establishment and operation of automotive glass replacement shops:
A. Automotive glass replacement shops shall include both stationary and mobile services.
B. Mobile services shall be licensed to a fixed location within the City and shall not be licensed as a home occupation.
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5.03.060: Automotive Repair and Maintenance—General Repair Facilities
Automotive general repair facilities shall include mechanical and electrical repair such as air conditioning, brake, cooling, electric, exhaust, and suspension systems repair, and engine, transmission, and drive train repair and maintenance activities.
5.03.065: Automotive Repair and Maintenance—Servicing Facilities
Automotive servicing facilities shall include mechanical and electrical retail-oriented services such as emissions testing, battery replacement and other similar retail activities that do not involve the use of pneumatic tools or equipment that create noise impacts.
5.03.067: Banquet Facilities - Historic Properties
The following standards shall govern the establishment and operation of banquet facilities on historically designated properties that are located outside of zoning districts that would otherwise allow the activity:
A. A banquet facility shall be allowed in all zoning districts within a commercial structure or on property designated as a local historic landmark, or a contributing structure within a designated historic district, established pursuant to Section 4.02.040 (Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservations Areas) of this Development Code, and shall be subject to the regulations therein during the life of the permit , except that no banquet facility shall be allowed in the MU -1 (Downtown Mixed Use) zoning district.
B. The minimum number of parking spaces required shall be provided pursuant to Division
6.03 (Off-Street Parking and Loading) of this Development Code. A parking demand study may be prepared by a qualified traffic consultant or engineer to support a reduction in the required number of parking spaces. The intent is to provide lower, flexible parking standards wherever possible and appropriate. Consideration shall be given to shared parking systems, on and off - street parking resources, compatibility with historic patterns of development, and the availability of mass transit resources.
C. Live entertainment shall be prohibited. Request for live entertainment shall require conditional use permit approval by the Zoning Administrator. Karaoke, DJs, live musical acts, and other similar forms of entertainment are considered live entertainment. Amplified prerecorded music may be permitted; however, the sound emitted from the premises shall not be audible beyond the property lines of the business establishment.
D. Alcohol beverage sales shall be allowed subject to the approval of a Conditional Use Permit issued pursuant to the requirements of Section 4.02.015 (Conditional Use Permits) and Section 5.03.025 (Alcoholic Beverage Sales) of this Development Code.
E. The applicant shall comply with all applicable building code regulations related to the change of use of the structure to a banquet facility.
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5.03.070: Bed-and-Breakfast Inns
The following standards shall govern the establishment and operation of bed -and-breakfast inns:
F. A bed-and-breakfast inn shall be allowed only within a structure designated as a local historic landmark, or a contributing structure within a designated historic district, established pursuant to Section 4.02.040 (Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservations Areas) of this Development Code, and shall be subject to the regulations therein during the life of the permit.
G. The inn structure shall serve as the primary residence of the bed -and-breakfast inn owner(s), or the majority shareholder if the facility is owned by a corporation.
H. The bed-and-breakfast inn shall be accessory to the residential use of the property.
I. The lot upon which the bed -and-breakfast inn is operated shall conform to the standards of the zoning district in which it is located, and the applicable land use and operational requirements of this Development Code.
J. No long-term rental of rooms shall be permitted. The maximum length of stay for any guest shall be 14 days within any 30-day period.
K. Guests may check in only between the hours of 9:00 AM and 9:00 PM.
L. Breakfast shall be the only full meal served, excepting light snacks and refreshments, and may only be served to guests of the bed -and-breakfast inn. Restaurants are prohibited, and no cooking facilities shall be allowed within any guestroom.
M. The applicant shall comply with all applicable building code regulations related to the change of use of the structure to a bed-and-breakfast inn.
5.03.075: Billiard Parlors and Pool Halls
The following standards shall govern the establishment and operation of billiard parlors and pool halls:
A. All billiard and pool tables are to be located so as to be visible at all times by one or more employees of the business.
B. Unless otherwise specifically approved by Conditional Use Permit, billiard and pool tables shall be limited to a size not typically used for regular professional tournament play (9 FT long by
4.5 FT wide), as established by the World Billiard Congress, World Pool-Billiard Association, American Pool Players Association, and other similar professional organizations.
C. Billiard parlors and pool halls shall be located a minimum of 300 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, to any residentially zoned property or sensitive land use, including hospitals and other healthcare facilities; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate.
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(Rev. 03.18.202507.01.2025) Page 5.03-52 Ontario Development Code D. Minors shall not be permitted to enter or remain in a billiard parlor and pool hall during the following periods, unless accompanied by a parent or legal guardian:
1. Monday through Friday, between 8:00 AM and 3:00 PM, or after 10:00 PM; and Saturday and Sunday, after 10: 00 PM.
2. The weekday daytime hours of restriction shall not apply to school vacation days or holidays, as established by any public school district or private elementary, middle (junior high) or high school operating within the City.
3. Notice of the herein specified hours of restriction for minors shall be posted at the facilities entrance(s), in lettering of at least 2 inches in height.
E. The establishment shall not be open to customers, patrons, or any member of the public between the hours of 2:00 AM and 6:00 AM.
F. "No Loitering" signs shall be posted at the front and rear of the business.
G. The facility shall have a minimum of one managing employee at least 21 years of age during all working hours.
H. Occupancy shall not exceed the number required under the City's building and fire codes, and the maximum occupancy load shall be posted at the main entrance.
I. The establishment shall maintain and operate a video surveillance system during all business hours, which is capable of storing a minimum of 186 hours (7 days) of video surveillance.
1. The video surveillance system shall cover the entire interior of the premises and all entrances and exits of the establishment and shall be capable of delineating upon playback of the system, the activity and physical features of persons or areas within the premises.
2. The business owner shall permit City Police and/or Code Enforcement officers to inspect the stored video surveillance during normal business hours, upon demand.
3. The video surveillance system shall be maintained in good working order.
4. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under video surveillance.
J. The business owner shall submit and receive approval of a Fire Exit Plan from the Fire Department. The plan shall address all requirements of the City's building and fire codes, including, but is not limited to, showing all necessary dimensions, equipment location, aisle locations/path of travel, building exiting, and panic hardware.
K. Window areas shall not be covered or made opaque in any way. All windows and entrances shall be unobstructed at all times so as to allow an unimpaired line -of-sight by police officers.
L. The Chief of Police is hereby authorized to require the business owner/operator provide a security guard on the premises in the event that there are significant calls for service relating to assaults, gang -related activity, weapons offenses, disturbances, juvenile related crime and 235
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Ontario Development Code Page 5.03-53 (Rev. 03.18.202507.01.2025) truancy, or other good causes. The decision of the Chief of Police may be appealed to the City Council pursuant to Division 2.04 (Appeals) of this Development Code.
M. No exterior pay phones shall be allowed on a property containing a billiard parlor or pool hall.
5.03.080: Boarding, Lodging, and Rooming Houses
The following standards shall govern the establishment and operation of boarding, lodging and rooming houses:
A. All boarding, lodging, and rooming houses shall require the submittal and approval of an Administrative Use Permit or Conditional Use Permit, and business license, prior to establishing the use.
B. No more than one Federal, State or Youth Authority parolee shall be allowed to live in a boarding, lodging, or rooming house.
C.
D.B. The application submitted for approval of a boarding, lodging, or rooming house shall identify whether any boarders are currently Federal, State, or Youth Authority parolees. That information shall be provided by the landlord to each lessee or renter upon signing a lease or other rental agreement. Owners and/ or operators of approved boarding, lodging or rooming houses shall update the information required by this Section anytime a person that is a Federal, State, or Youth Authority parolee is provided accommodation in the approved boarding, lodging, or rooming house.
E. All boarding, lodging, and rooming houses shall require boarders to sign a Crime Free Lease Addendum to their lease or rental agreement. The Crime Free Lease Addendum shall provide that any criminal violations perpetrated by boarders shall be grounds for termination of the written or oral lease, sublease, or agreement.
F.
G.C. Boarding, lodging, or rooming houses shall be operated and maintained in full compliance with all applicable requirements of this Development Code and the Ontario Municipal Code, prior to the issuance of an Administrative Use Permit or Conditional Use Permit authorizing the use, and at all times following permit issuance. Violation of any local, State, or Federal laws by individual boarders while on the premises, shall be grounds for revocation of the permit, including but not limited to violations of PC Section 3003.5.
H.D. No boarding, lodging, or rooming house shall be maintained as a nuisance.
I.E. The violation of any provision of this Section shall be grounds for revocation of the Administrative Use Permit or Conditional Use Permit authorizing the boarding, lodging, or rooming house use. In revoking an Administrative Use Permit or Conditional Use P ermit, the procedures contained in Division 2.05 (City Initiated Modification or Revocation) of this Development Code shall be followed.
J.F. All boarding, lodging, and rooming houses shall be required to pay to the City, an administrative fee in an amount determined by separate resolution of the City Council, to cover the costs of Administrative Use Permit or Conditional Use Permit review and issuance, and inspection of the facilities.
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(Rev. 03.18.202507.01.2025) Page 5.03-54 Ontario Development Code K.G. Boarding, lodging, and rooming houses may provide rented, leased, or subleased accommodations for occupancy by no more than 6 individuals, excluding a resident owner, agent, or manager. The operator may seek relief from the strict application of this provision by submitting a request for reasonable accommodation pursuant to Section 4.02.035 (Fair Housing and Reasonable Accommodation) of this Development Code.
5.03.085: Bread and Tortilla Manufacturing
Within the IP zoning district, bread and tortilla manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple -tenant buildings) facilities.
5.03.090: Business to Business Electronic Markets
Within the BP zoning district, the development of business to business electronic markets shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) developments.
5.03.095: Caretaker Quarters
The following standards shall govern the establishment and operation of caretaker quarters:
A. Caretaker quarters may be allowed in conjunction with, and accessory to, an allowed land use, when determined by the Reviewing Authority to be essential to providing 24-hour on-site property security and surveillance.
B. Caretaker quarters shall not exceed 600 SF in gross floor area and shall contain no more than one bedroom.
C. Caretaker quarters shall be for occupancy by t he business owner or an employee of the business.
5.03.100: Child Daycare Services
The following standards shall govern the establishment and operation of child daycare services:
A. Child Daycare Centers.
1. No City permit for a child daycare center shall be effective until satisfactory evidence has been provided to the City demonstrating that all necessary State licenses and permits have been obtained.
2. Child daycare centers shall not be allowed in conjunction with a residential land use.
3. Within industrial zoning districts, child daycare centers shall be limited to employer- provided services, which are only for employee use. Such centers may also be established by a 237
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Ontario Development Code Page 5.03-55 (Rev. 03.18.202507.01.2025) group of industrial businesses, which are located within close proximity, to serve their employees at an on-site or off-site location.
4. Comply with all fire and life safety standards required by the State Fire Marshall and the Ontario Fire Department.
5. All areas designated for active play, or any play structures, shall only be permitted within a side yard or rear yard area. In addition, all play areas shall be enclosed by a 6 FT high decorative fence or wall. Property line fences or walls may be used to fulfill this requirement.
6. Landscaping and decorative masonry block walls shall be used to buffer noise inside and rear yard areas when abutting a residential zoning district.
7. Outdoor play areas shall be located at least 25 FT from any residential structure located on an abutting residentially zoned lot.
8. Any swimming pool, pond, wading pools, or similar bodies of water greater than 18 inches in depth shall be fully enclosed by a minimum 5 FT high non-climbable fence. Additionally, all entrances and exits shall have self -closing and latching gates. All latches shall be located at least 54 inches above adjacent grade.
9. All trash receptacles and air -conditioning units located outdoors and adjacent to any play area shall be fully enclosed by a wall or fence.
10. A daycare center shall not be located within any area in which the measurable exterior noise level is 65 CNEL or greater.
B. Family Child Daycare Homes.
1. To prevent over concentrations of family child daycare homes that would impair the integrity of residential neighborhoods, a minimum 300 -FT separation shall be provided between dwellings licensed with the California Department of Social Services as a family child daycare home. The distance between any structure used as a family child daycare home and another structure used as a family child daycare home shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a family child daycare home to the closest property line of another structure used as a family child daycare home.
2. A family child daycare home shall be clearly incidental and subordinate to the primary residential use of the dwelling.
3. No family child daycare home shall commence until all necessary licenses and permits have first been obtained from the California Department of Social Services.
5.03.105: Community Care Facilities for the Elderly—More Than 6 Persons
The following standards shall govern the development and/or operation of community care facilities for the elderly, which are designed for occupancy by more than 6 persons:
A. Within residential and mixed -use zoning districts, the maximum density of a community care facility for the elderly that incorporates shared or common kitchen facilities, if proposed at a 238
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(Rev. 03.18.202507.01.2025) Page 5.03-56 Ontario Development Code density greater than allowed by the underlying zoning district, shall be determined based upon a study of equivalent impact, assessing factors of traffic generation, water usage, and sewerage generation, in comparison to a multiple -family residential development on the same site, constructed at maximum density. Applicants for community care facilities for the elderly shall be responsible for all City costs incurred in preparation of the study.
B. Within commercial zoning districts, the maximum allowed density of a community care facility for the elderly shall be based a study of equivalent impact, assessing traffic/transportation, water usage, and sewerage generation, in comparison to a typical commercial development on the same site. Applicants for community care facilities for the elderly shall be responsible for providing appropriate traffic, water usage and sewerage generation information to the City to assist in determining allowed densities.
C. Community care facilities for the elderly should be located where public transit linkages are available, such as bus or transit facilities on or adjacent to the site, regular shuttle service to a regular transit route, or equivalent alternative methods as approved by the Planning Director.
D. A minimum of 75 SF of private open space and 75 SF of common open space shall be provided per dwelling or room used for dwelling purposes. Common spaces shall be provided with recreation room(s), swimming pools, lawn bowling courts and similar recreational facilities, based upon the size of proposed facility and the anticipated needs of its occupants.
E. Common or individual laundry, eating and/or kitchen facilities may be provided.
F. Occupancy of a community care facility for the elderly may be age restricted by means of a deed restriction or an agreement acceptable to the City Attorney.
G. Occupancy of community care facility for the elderly shall not be granted by the City until satisfactory evidence has been provided to the City demonstrating that all necessary State licenses and permits have been obtained for the use.
5.03.110: Community Care Facilities for the Elderly—6 or Fewer Persons
Community care facilities for the elderly, for 6 or fewer persons, may only be established in conjunction with a single-family dwelling.
5.03.115: Computer and Electronic Product Manufacturing
Within the IP zoning district, the development of new computer and electronic product manufacturing shall be limited to small-scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.120: Consumer Goods Rental
The following standards shall govern the establishment and operation of consumer goods rental services:
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Ontario Development Code Page 5.03-57 (Rev. 03.18.202507.01.2025) A. Consumer goods rental services shall include the rental of consumer electronics and appliances, costumes, formal wear, furniture rental, home health equipment, musical instrument rental, party and banquet accessories, recreational goods, and video tapes an d discs.
B. Outdoor storage shall be prohibited in conjunction with consumer goods rental services.
5.03.125: Convenience Markets and Specialty Food Stores
The following standards shall govern the establishment and operation of convenience markets and specialty food stores:
A. Within the CS zoning district, hours of operation shall be limited to between 7:00 AM and 10:00 PM, daily.
B. All convenience markets and specialty food stores that sell prepared or prepackaged food items shall provide and maintain outdoor trash receptacles adjacent to the business entry, for use by customers.
C. Where a convenience market or specialty food store abuts a residential zoning district, no commercial loading activity is permitted between the hours of 7:00 PM and 7:00 AM.
5.03.130: Credit Intermediation-Related Activities
The following standards shall govern the establishment and operation of credit intermediation - related activities:
A. Credit intermediation -related activities include check cashing, money order issuance, money transmission and payday advance services.
B. Within the MU-1 zoning district, credit intermediation-related activities shall only be allowed in conjunction with a permitted or conditionally permitted land use, Standalone credit intermediation-related activities within the MU-1 zoning district shall be prohibited.
5.03.135: Cutlery and Hand Tool Manufacturing
Within the IP zoning district, the development of new cutlery and hand tool manufactur ing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.140: Data Processing, Hosting, and Related Services
Within the OL and OH zoning districts, data processing, hosting, and related services shall only be allowed in conjunction with a permitted or conditionally permitted land use. Standalone data processing, hosting, and related services shall be prohibited within these zoning districts.
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5.03.145: Depository Credit Intermediation
The following standards shall govern the establishment and operation of depository credit intermediation uses:
A. Depository credit intermediation shall include commercial banking, savings institutions, and credit unions.
B. Drive-thru facilities in conjunction with depository credit intermediation shall be permitted subject to the provisions of Section 5.03.150 (Drive-Thru Facilities) of this Division.
5.03.150: Drive-Thru Facilities
The following standards shall govern the establishment and operation of drive -thru facilities, and are intended to result in facilities that are well designed, encourage pedestrian activity, and enhance the commercial areas in which they located:
A. Location Standards.
1. Drive-thru facilities shall be permitted in conjunction with the below-listed land uses, except that such facilities located within the MU-1(Downtown Mixed-Use) zoning district shall not be visible from Euclid Avenue, as demonstrated in Figure 5.03-1 (Drive-Thru Facility Street-Oriented Example Site Plan), below.
a. Pharmacies and Drug Stores;
b. Banks and Credit Unions;
c. Restaurants and other eating places;
d. Drycleaning and Laundry Services; and
e. Other land uses deemed appropriate by the Zoning Administrator , as determined pursuant to the procedures established in Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code.
2. Drive-thru facilities shall not disrupt the pedestrian activity of adjacent or nearby commercial uses or commercially zoned property. Furthermore, drive- thru facilities shall not interfere with the normal use of adjoining properties or the potential for a planned commercial development.
B. Development Standards. Uses incorporating drive-thru facilities shall comply with each of the following development standards:
1. Lot Area. Drive-through businesses shall be located on lots having a minimum area of one-acre. This area may be reduced when the business is within an integrated shopping center.
2. Lot Coverage. The lot coverage shall not exceed 40 percent of the lot area.
3. Floor Area.
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Ontario Development Code Page 5.03-59 (Rev. 03.18.202507.01.2025) a. The minimum GFA for a building
incorporating a drive -thru shall be 2,000 SF (including gross floor area of the building and associated
outdoor seating area s), with a minimum interior floor
area of 1,500 SF.
b. A building incorporating a
drive-thru may have a GFA less than 2,000 SF subject
to the approval of a Conditional Use Permit by the
Zoning Administrator, provided that the building is
proposed to be located within an existing retail
shopping center.
4. Setbacks.
a. Setbacks shall be provided
pursuant to the requirements of the underlying zoning
district in which the drive-thru facility is proposed.
b. A minimum 25 -FT landscaped
setback shall be maintained between any drive -thru facility, including drive -up windows, drive - thru lane and menu/order stations, and any adjacent residentially zoned property or residential land use.
c. The building shall maintain a minimum 20 -FT landscaped setback from street property lines. Design elements, such as trellises, may encroach into the setback when well- integrated with the landscape.
5. Building Orientation . Buildings incorporating drive -thru facilities shall be orient ed toward the street, as demonstrated in Figure 5.03-1 (Street-Oriented Example Site Plan).
6. Access. Each developed site shall not have more than one drive approach per street frontage. Drive-thru ingress and egress aisles shall not take direct access from a public street or thoroughfare, but instead shall take access from a parking area or on- site driv e aisle, as demonstrated in Figure 5.03-1 (Street-Oriented Example Site Plan).
7. Building Height. Buildings with drive-thru facilities shall not exceed a height of 35 FT.
8. Site Design.
a. Buildings shall be oriented toward the street, with drive -thru lanes, pick-up windows, and off-street parking facilities oriented toward the rear yard or side yard areas.
b. Decorative low garden walls shall be provided to screen the parking lot and drive-thru aisle from view of the public street.
c. All service and loading areas shall be screened from public view, to the extent possible.
d. Restrooms shall not be accessed from outside the structure.
Figure 5.03-1: Drive-Thru Facility Street-
Oriented Example Site Plan
Restaurant
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(Rev. 03.18.202507.01.2025) Page 5.03-60 Ontario Development Code e. Ladders for roof access shall be mounted on the inside of the building or shall be completely concealed from public view.
f. The site design shall minimize pedestrian/vehicle conflicts by creating opportunities for courtyards, plazas, outdoor dining, and landscaped pathways that promote safe and convenient pedestrian movement.
9. Drive-Thru Lane Design.
a. Drive-thru lanes in conjunction with restaurants shall have a minimum length of 144 FT, measured from entry to pick -up window, which accommodates a minimum of 6 vehicles. ( Note: The Planning Director may require an increased drive -thru stacking length to accommodate businesses known to generate a higher drive-thru demand.)
b. Drive-thru lanes shall have a minimum width of 11 FT on straight sections and 12 FT on curved sections.
c. Drive-thru lanes shall be screened from view of a public street through building orientation, landscaping, low screen walls, and trelliswork.
C. Maintenance.
1. The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties.
2. Adequate trash containers shall be provided, and, on a daily basis, employees shall be required to pick up trash originating from the site, both on site and within 50 FT of the perimeter of the site.
3. No undesirable odors shall be generated on-site.
4. All merchandise, wares, crates in the form of temporary and permanent storage, displays, and goods offered for sale shall be maintained wholly within the building. Storage of any kind shall be contained completely within an enclosed structure.
D. Noise. Noise emanating from sound systems, including intercom and public address systems, shall not be audible beyond the property line.
E. Signs. All signs shall conform to the sign provisions of Division 8.1 (Sign Regulations) of this Development Code. Facilities within an integrated shopping center or plan shall comply with the uniform sign program as established in the center. Menu signs will be limited to two 6-FT high signs, having a maximum area of 24 SF each. Menu board signs shall not obscure vehicular visibility.
F. Design Guidelines. The following design guidelines are intended as a reference to assist the designer in understanding the City 's goals and objectives for high quality commercial development. The guidelines compliment the mandatory development standards contained in Subsection B (Development Standards), above, by providing good examples of potential design solutions and by providing design interpretations of the various mandatory regulations.
The design guidelines are general in nature and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the City's development review process to encourage the highest level of design quality, while at the same time providing the 243
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Ontario Development Code Page 5.03-61 (Rev. 03.18.202507.01.2025) flexibility necessary to encourage creativity on the part of the project designer(s). However, unless there is a compelling reason, these design guidelines shall be observed.
1. Architecture.
a. Style. The construction of the building should depict a specific architectural style by distinctive elements and features consistent with the chosen style. Accessory structures should portray the style through their features as well. The style of the building should also reflect and complement the styles of surrounding commercial buildings. Architectural treatment should be employed over the entire building exterior (360-degree architecture), and the building should be individually designed for its site. The use of standardized corporate architectural styles is highly discouraged.
b. Materials. A variety of quality building materials should be incorporated into the building, such as brick, finished wood, natural stone, tinted/textured concrete masonry, and ceramic tile, which have a substantial and long -lasting appearance. Veneers having a prefabricated or false appearance shall not be used.
c. Structure. Drive-up windows should be covered by a structure that reflects the style of the building and is substantial in character; however, it should remain subsidiary to the main structure. Entries should project 10 to 12 FT from the building in order to add depth and variation to the façade.
d. Entry Design. Gables, awnings, sign locations, or other features should clearly express the location of doorways. Greater attention should be given to materials and detailing adjacent to entries.
e. Arcades and Awnings. Outdoor arcades are encouraged to protect pedestrians from summer heat and winter rain. Where an arcade is not provided, a separate awning or other architectural feature should be used for each business to enhance the individual identity of small shops. B ecause they can quickly deteriorate, canvas awnings are discouraged, or should be properly maintained.
f. Roof Forms. Roof forms should reflect the architectural style and internal organization of buildings. Hipped and gable roofs are encouraged. Flat roof parapets should be accompanied by a cornice or other shadow-creating detail at its "top."
g. Drive-Up Windows. Construct roofs or trellises over drive -up windows. Posts supporting roofs or trellises should be substantial in appearance and fully integrated into the architecture of the building. The stacking area for drive-up windows should be screened from the street through a combination of low walls and landscaping.
h. Lighting.
(1) On-site lighting shall be directed away or shielded from adjacent freeways, roads, streets, and adjacent properties. All exterior lighting shall be of an indirect nature, coming from under eaves and canopies, or at ground level, with in landscaped areas.
(2) Exterior lighting fixtures should be a decorative and reinforce the architectural style of the building.
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(Rev. 03.18.202507.01.2025) Page 5.03-62 Ontario Development Code (3) Light standards less than 15 FT in height (including lighting bollards) should illuminate all street sidewalks and connecting walkways and are encouraged throughout the project.
i. Landscaping.
(1) The minimum amount of on -site landscaping, including defined plazas and courtyards, shall equal 15 percent of the net lot area. Landscaping should be used on the site to show transition from adjacent uses, define a circulation pattern on the lot, screen th e parking lot from the street, highlight entries, provide shade for parking as well as outdoor seating areas, and to soften the appearance of the building.
(2) At a minimum, landscaping shall include 15-gallon trees planted no more than 20 FT on center, within minimum 5 -FT wide planters. A suitable plant material (grasses, ivy, etc.) should be used as ground cover. Minimum 10-FT wide planters containing a combination of hedges and low walls shall be used to screen drive-thru lanes from view of public streets.
(3) Pedestrian walkways should not intersect drive-thru lanes; however, in the event this occurs, adequate visibility for pedestrians and vehicles shall be provided, and pedestrian crossings shall be clearly marked with signs.
j. Play Structures.
(1) Play structures should be placed indoors, becoming an integral part of the architecture, yet remaining a subordinate element. If located outside, play structures shall be oriented away from the public street and properly screened, and shall be no more than 11 FT in height.
(2) Indoor restaurant playground facilities shall be ancillary to the restaurant use. Scale and massing shall not dominate the main structure and the height of the playground facility shall not exceed the height of the main roof of the main structure.
5.03.155: Durable and Nondurable Goods Agents and Brokers
Within the BP and IP zoning districts, business to business electronic markets shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple -tenant buildings) facilities.
5.03.160: Electric Power Generation, Solar and Wind
Solar and wind electric power generation facilities, with ancillary ground mounted battery storage systems, shall only be allowed in conjunction with a permitted or conditionally permitted land use, except that standalone facilities shall be allowed within the CIV, IH, and UC zoning district s.
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5.03.165: Electrical Equipment, Appliance, and Component Manufacturing
Within the IP zoning district, electrical equipment, appliance, and component manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.170: Electronic Shopping and Mail Order Houses
A. Within the IP, IL, IG, and IH industrial zoning districts, direct business to consumer sales via the internet, direct mail, or telephone shall only be allowed ancillary to a permitted or conditionally permitted land use, such as manufacturing, warehousing, wholesaling, and/or distribution activities.
B. Standalone (office only) business to consumer sales via the internet, direct mail, or telephone shall be allowed as a primary land use only within the CN, CC, CR, OL, and OH commercial zoning districts; the MU -1, MU -2, and MU -11 mixed- use zoning districts; and the BP industrial zoning district.
5.03.175: Electronics and Appliance Stores
Within the CN zoning district, only small- scale (GFA of 5,000 SF or less) electronics and appliance stores may be established.
5.03.177: Employee (Farmworker) Housing
Where allowed pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, Employee (Farmworker) Housing units and complexes shall be subject to the below -listed requirements.
Pursuant to California Health and Safety Code Section 17021.8, the City shall ministerially process complete applications for qualifying employee/farmworker housing in the AG overlay district within 30 days from the date of submittal.
A. General Requirements.
1. Every person, or agent, or officer thereof, which constructs, operates, or maintains Farmworker Housing, shall comply with the requirements of this Section, and all applicable health, safety, and building codes and standards.
2. Farmworker Housing shall be designed, constructed, and maintained in conformance with the Employee Housing Act (commencing with HSC Section 17000), CCR Tiles 24 and 25, and the California Building Code.
3. A Farmworker Housing unit providing accommodations for 6 or fewer employees, or for one employee and their respective household, shall be deemed a single -family structure and shall be permitted in the same manner as other single -family structures of the same type in the same zone.
4. A Farmworker Housing Complex consisting of up to 36 beds in a group quarters, or 12 units or spaces designed for use by a single family or household, shall be deemed an 246
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(Rev. 03.18.202507.01.2025) Page 5.03-64 Ontario Development Code agricultural use and shall be permitted in the same manner as other agricultural uses in the same zone in zones where agricultural uses are permitted.
5. Farmworker Housing shall not include hotels, motels, boarding houses, bed and breakfast inns, rooming houses, dormitories, or other similar uses that would imply that the employee housing is a business run for profit or differs in any way from a single -family dwelling or an agricultural use.
6. Farmworker housing provided by the employer and maintained in connection with the work, or place where work is being performed, shall comply with all provisions of HSC Section 17008(a). Farmworker housing not maintained in connection with any workplace, an d provided by someone other than an agricultural employer, shall comply with all provisions of HSC Section 17008(b).
7. Farmworker Housing for agricultural employees and their families shall be allowed subject to the same fees applicable to any other agricultural use. In the event the Farmworker Housing is converted to another use, the units shall be subject to all applicable Development Code standards in existence at the time of conversion. For the purposes of this Section, the term "agricultural employee " shall mean a person who works full or part -time (24 or more hours per week) in the service of bona fide commercial agri cultural operations, in any of the branches of farming
8. All Farmworker Housing shall comply with all City regulations and permitting requirements, including but not limited to building construction, sewage disposal, water supply, NPDES, and storm water quality control, prior to occupancy of the housing units.
9. No person shall construct, reconstruct, erect, install, relocate, or alter any building used for human habitation, building accessory thereto, or other housing accommodations, intended to be used for Farmworker Housing, or any electrical, mechanical, or plumbing equipment installed in Farmworker Housing, without first obtaining all necessary City permits.
10. Farmworker housing is not required to be located on the same site as the qualifying agricultural operation where the farmworkers are employed.
11. The minimum lot size for Farmworker Housing shall be 10 acres.
B. Farmworker Dwelling Units.
1. Housing for up to 6 agricultural employees or one farm employee and his or her household is an allowed use in the AG Overlay District and all residential and mixed use zoning districts that allow single-family dwellings.
2. A farmworker dwelling unit is subject to all requirements relevant to this Development Code, which are applicable to single -family dwellings, including but not limited to site and building development standards, off-street parking requirements, security standards, wall and fencing requirements, and landscaping requirements. At least one off -street parking space shall be provided for each dwelling unit.
3. A farmworker dwelling unit provided pursuant to Paragraph B.4, below, shall not be required to be located on the same site as the qualifying agricultural operation where the farmworkers are employed.
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4. A farmworker dwelling unit shall meet the standards for single -family dwellings contained in Section 6.01.010 (Residential Zoning Districts) of this Development Code, and applicable requirements of the Ontario Building Code.
5. A farmworker dwelling unit shall not be subdivided from the primary lot on which it is located.
6. At least one off- street parking space shall be provided for each farmworker dwelling unit.
C. Farmworker Housing Complex.
1. A farmworker housing complex, with up to 36 beds in group quarters or 12 units designed for use by single families or households, which comply to the standards for single-family dwellings contained in Section 6.01.010 (Residential Zoning Districts) of this Development Code, is an allowed use in the AG Overlay District.
2. A minimum of 50 SF of floor area shall be provided for sleeping purposes for each occupant of group living quarters, such as barracks and bunkhouses, within a farmworker housing complex.
3. At least one off- street parking space shall be provided for each dwelling unit, or one parking space for each 3 beds, whichever is greater, plus one off -street parking space for each farmworker housing complex employee.
D. Farmworker Verification.
1. All new permanent farmworker dwelling units and farmworker housing complexes shall require the completion of a Farmworker Housing Verification Form prior to building permit application submittal.
2. The Farmworker Housing Verification Form shall include information regarding the housing type, number of dwelling units or beds, length of occupancy, number of occupants, occupants' employment information, and, for farmworker housing for 5 or more workers, proof that a permit to operate from HCD has been obtained and maintained.
3. The verification form shall be submitted annually, by May 15th of each year, to the Planning Director, in a form acceptable to the Planning Director, that all the dwelling units or sleeping quarters are being rented to, and occupied by, persons who meet the following agricultural employee employment criteria:
a. Tilling and cultivation of the soil associated with commercial crop production;
b. Raising, production, and cultivation of commercial livestock for the production of food and/or fiber;
c. Growing and harvesting of any commercial agricultural or horticultural commodities;
d. Commercial raising of bees, fur-bearing animals or poultry;
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f. Timber or forestry operations.
4. At a minimum, the verification form shall contain the following information:
a. Entity responsible for housing maintenance and upkeep;
b. Description of whether the housing will be based on a permanent, temporary, and/or seasonal basis;
c. Total number of people to be housed on-site at any one time;
d. Description of the housing, including, whether the structures will be permanent and/or temporary, intended as units for families, one person or several persons, and cost of the units and utilities to the workers;
e. Location(s) where the employees will work;
f. Assessment of how much water will be used by the proposed development and description of how water is proposed to be supplied to the housing and how the water system complies with all applicable state and local potable water supply requirements; and
g. Description of the sewage disposal method, such as septic systems, to be used to service the housing, and how the sewage disposal method complies with all applicable state and local potable water supply requirements.
E. Location of Housing.
1. Farmworker housing shall be located no less than 75 FT from barns, pens, or other structures that house livestock or poultry.
2. Farmworker housing shall be located off prime and productive agricultural land, unless no other alternative locations exist on-site.
3. Farmworker housing shall be set back a minimum of 200 FT from the property line of any adjacent residential zoning district.
F. Maximum Floor Area for Farmworker Dwelling Units. The maximum floor area allowed for a farmworker dwelling unit shall be 650 SF. As used in this Paragraph, the term "floor area" shall mean the living area of a dwelling, exclusive of any garage or carport, which is measured from the outside surfaces of exterior walls or walls between living areas and a garage.
G. Removal of Housing. Farmworker housing is subject to removal (or conversion to another approved use) within 45 days following cessation of the agricultural employment for which the farmworker dwelling units are needed. This provision shall not apply if it can be shown that elimination of the agricultural use for no more than 24 months is related to the long -term functioning of agriculture on the site(s) used to establish the farmworker housing need (e.g., crop rotation, disease, replanting, etc.).
H. State Reporting Requirements. Farmworker housing for 5 or more employees is subject to permitting requirements of the California Employee Housing Act. The property owner shall obtain 249
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Ontario Development Code Page 5.03-67 (Rev. 03.18.202507.01.2025) and maintain all required permits from HCD, pursuant to the Employee Housing Act and CCR, Title 25, Division 1, Chapter 1, Section 600 through Section 940, prior to the occupancy of the farmworker housing units. A copy of the HCD permit shall be provided to the Planning Director within 14 days following permit issuance, or at the time of building permit application submittal, whichever is earlier.
I. Maximum Number of Housing Units Allowed. No more than 36 beds in a group quarters or 12 farmworker dwelling units or spaces designed for use by a single family or household shall be allowed on a single lot of record. The Planning Commission may authorize additional beds or units, or a combination thereof, by issuance of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code, based upon specific findings that document the necessity for the number of approved beds and/or farmworker dwelling units requested.
J. Facilities to Accommodate Recreational Vehicles, Tents or Other Mobile Camping Equipment.
1. Permits for the installation of appropriate permanent facilities to accommodate mobilehomes and recreational vehicles shall be obtained from the City prior to installation.
2. The use of tents, recreational vehicles, or other mobile camping equipment by farmworkers shall not occur for a period of more than 30 days within any 180 -day period.
Incidental camping shall be conducted so as not to create any health, fire, or other safety hazards. For 5 or more workers, a permit to operate from HCD shall be obtained and maintained.
5.03.180 Exterminating Services
The following standards shall govern the establishment and operation of exterminating services:
A. A copy of the Emergency Business Contingency Plan and/or Risk Management Prevention Program filed with the San Bernardino County Fire Department shall be filed with the Ontario Fire Department. No changes in practices or procedures, or the type and/or maximum quantity of material shall occur without first notifying the Ontario Fire Department and appropriate amendments made to the Business Emergency/Contingency Plan and/or Risk Management Prevention Program on file with the San Bernardino County Fire Department.
B. The outdoor storage of hazardous chemicals or materials is prohibited. Furthermore, the storage of chemicals or service trucks within a 100-year flood zone shall be prohibited.
C. The storage and handling of hazardous materials shall be limited to those quantities specified in the City's building and fire codes.
D. At all times, all operations shall be in full compliance with all federal, state and local regulations pertaining to containment, including restricting use/storage to designated areas, stacking height limitations of materials, and the provision of appropriate pre-approved containment walls where required.
E. A list of all types and amounts of chemical used or stored on the site shall be submitted to the Ontario Engineering Department as well as a Chemical Spillage Control Plan.
F. Hazardous chemicals and their containers shall be disposed of at an approved hazardous materials disposal site and not in City sewers or within solid waste dumpsters. 250
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G. Individuals and firms operating businesses relating to exterminating services shall be licensed by the State of California according to their particular discipline.
H. Access to and the handling of hazardous chemicals and materials shall be limited to properly trained and authorized personnel.
5.03.185: Fabricated Metal Product Manufacturing, All Other Miscellaneous
Within the BP and IP zoning district s, the development of all new "all other miscellaneous fabricated metal product manufacturing " shall be limited to small- scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.187: Fertilizer Manufacturing from Manure Operations (FMMO)
The following standards shall govern the establishment and operation of Fertilizer Manufacturing from Manure Operation (FMMO):
A. All driveways and employee parking areas shall be paved to create an all -weather surface, to the satisfaction of the Planning Director and City Engineer.
B. Inorganic chemical additives shall be limited to 10 percent of the total FMMO raw material inventory.
C. The FMMO establishment and operation shall comply with the rules, regulations and orders of all appropriate regulatory agencies including but not limited to the South Coast Air Quality Management District and the Regional Water Quality Control Board.
D. FMMO stockpile areas shall be enclosed by a minimum 8 -FT high wall or fence, and shall be fully screened with closely spaced, fast -growing trees, upon review and approval by the Planning Director.
E. Except for the stockpiling of raw materials, all FMMO operations, including screening, grinding, mixing, adding, and sacking, shall be wholly contained inside a building.
F. All FMMO windrows/stockpiles shall confine their rainstorm runoff waters so they do not drain onto adjoining properties and public rights-of-way.
G. Appropriate facilities shall be installed to collect or divert drainage from surrounding lands, away from stockpile areas.
H. FMMO windrows/stockpiles shall be at least 120 FT from street property lines and 35 FT from interior side and rear property lines.
I. FMMO windrows/stockpiles shall not exceed a 25 FT in height, 150 FT in width, and 250 FT in length; however, the Approving Authority may require a lesser maximum stockpile dimensions so as not to cause a nuisance to neighboring properties and/or to protect the public health and safety.
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Ontario Development Code Page 5.03-69 (Rev. 03.18.202507.01.2025) J. Windrows/stockpiles shall be separated from adjacent stockpiles by approved apparatus roads, minimum 20 FT in width.
K. FMMO stockpiles and/or any processing of manure shall not occur within 150 FT of a milking barn or milk house of a producer dairy, or a dwelling on adjoining property. The Approving Authority may require greater distances upon determining the direction and magnitude of prevailing winds at the site.
L. Approved material -handling equipment shall be maintained on -site for moving windrow/stockpile materials during emergency or firefighting operations.
M. The FMMO owner or operator shall develop and submit a plan to the Ontario Fire Department Fire Prevention Bureau for review and approval, which shall include, but not be limited to, methods and policies for:
1. Monitoring, controlling and extinguishing spot fires;
2. Emergency contact information for personnel who are able to respond to the FMMO location 24 hours a day, 7 days a week;
3. On-site equipment to assist with firefighting operations (e.g., dozers, water tenders, large tractors, etc.); and
4. Special considerations for fire safety during extreme weather conditions.
N. Noise levels from the FMMO shall not exceed local ambient levels found for general agricultural uses, when adjoining occupied dwellings.
O. Vehicles carrying materials to and from the site, shall be adequately covered to confine the contents and prevent materials from being windblown or otherwise scattered.
P. No public nuisance shall occur as a result of the FMMO establishment and operation.
5.03.190: Food Manufacturing, Other
The following standards shall govern the establishment and operation of "other food manufacturing" facilities:
A. "Other food manufacturing " shall include 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.
B. Within the BP and IP zoning districts, the development of new " other food manufacturing" shall be limited to small-scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
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5.03.195: Footwear Manufacturing
Within the BP and IP zoning districts, the development of all new footwear manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.200: Freight Transportation Arrangement
Freight transportation arrangement shall include shipping agents and brokers. Within the BP and IP zoning districts, such use shall be limited to offices only. Within the IG and IH zoning districts, freight transportation arrangement shall only be allowed as an ancillary use to a truck transportation use (NAICS 448).
5.03.205: Funeral Director Services
Within the IL, IG, and IH zoning districts, funeral director services shall only be allowed as an ancillary use to funeral parlors, mortuaries and embalming services.
5.03.210: Furniture and Home Furnishings Stores
Within the CN zoning district, only small-scale (GFA of 5,000 SF or less) furniture and home furnishings stores may be established.
5.03.215: Furniture and Related Product Manufacturing
Within the IP zoning district, the development of new furniture and related product manufacturing (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple -tenant buildings) shall be limited to small-scale manufacturers.
5.03.220: Game Arcades, Internet Cafes, Internet Gaming, and Similar Facilities
The following standards shall govern the establishment and operation of any business with a primary business activity consisting of the operation of game arcades, cyber cafes, internet gaming, and similar facilities:
A. All video games, pinball machines, computers, gaming stations and similar devices are to be located so as to be visible at all times by one or more employees of the business.
B. Game arcades, cyber cafes, internet gaming, and similar facilities shall be located a minimum of 1,000 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from a public or private elementary, middle (junior high) or high school, public park, recreation center, sports park, or any other similar facility where minors (persons under 18 years of age) regularly congregate.
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Ontario Development Code Page 5.03-71 (Rev. 03.18.202507.01.2025) C. Minors shall not be permitted to enter or remain in a g ame arcade, cyber cafe, on- line internet gaming facility, or any similar facility during the following periods, unless accompanied by a parent or legal guardian:
1. Monday through Friday, between 8:00 AM and 3:00 PM, or after 10:00 PM; and Saturday and Sunday, after 10:00 PM.
2. The weekday daytime hours of restriction shall not apply to school vacation days or holidays, as established by any public school district or private elementary, middle (junior high) or high school operating within the City.
3. Notice of the herein specified hours of restriction for minors shall be posted at the facilities entrance(s), in lettering of at least 2 inches in height.
D. The establishment shall not be open to customers, patrons or any member of the public between the hours of 12:00 AM and 7:00 AM.
E. "No Loitering " signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than 8 seats shall be provided for customers waiting to use a computer or game/gaming station. No outside waiting or seating area is permitted.
F. No person shall be permitted to consume or sell alcohol on the premises.
G. Employees shall be at least 21 years of age. There shall be a minimum of one employee managing the facility during all working hours. If the business has more than 20 games/gaming stations or computers, the business is required to add one additional employ ee for every additional 20 computers, or portion thereof, and for every 20 computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name.
H. Occupancy shall not exceed that required under the City 's building and fire codes, and the maximum occupancy load shall be posted at the main entrance.
I. The establishment shall maintain and operate a video surveillance system during all business hours, which is capable of storing a minimum of 186 hours (7 days) of video surveillance.
1. The video surveillance system shall cover the entire interior of the premises and all entrances and exits of the establishment and shall be capable of delineating upon playback of the system, the activity and physical features of persons or areas within the premises.
2. The business owner shall permit City Police and/or Code Enforcement officers to inspect the stored video surveillance during normal business hours, upon demand.
3. The video surveillance system shall be maintained in good working order.
4. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under video surveillance.
J. The business owner shall submit and receive approval of a Fire Exit Plan from the Fire Department. The plan shall address all requirements of the City's building and fire codes, including, but is not limited to, showing all necessary dimensions, equipment location, aisle locations/path of travel, building exiting, and panic hardware.
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K. Any display of or access to adult -oriented materials for minors is prohibited. Access to adult-oriented materials, if permitted by the business owner, shall be limited to the hours of 10:30 PM to 12:00 AM.
L. Window areas shall not be covered or made opaque in any way. All windows and entrances shall be unobstructed at all times so as to allow an unimpaired line -of-sight by police officers.
M. The Chief of Police is authorized to require a specific owner/operator to provide a security guard on the premises in the event that there are significant calls for service relating to assaults, gang-related activity, weapons offenses, disturbances, juvenile related crime and truancy, or other good causes. The decision of the Chief of Police may be appealed to the City Council pursuant to Division 2.04 (Appeals) of this Development Code.
N. No exterior pay phones shall be permitted.
O. No gaming tournaments for cash prizes shall be permitted.
5.03.225: Gasoline and Fueling Stations
The below-listed standards shall govern the establishment and operation of gasoline and fueling stations and are intended to result in facilities that are well- designed, appropriate in scale, and enhance the surrounding community.
A. Self-Serve and Full Service Fueling Stations. The following standards shall govern the establishment and operation of self-serve and full service fueling stations:
1. A service station shall only be located at:
a. The intersection of 2 arterial streets;
b. The intersection of an arterial and collector street; or
c. The intersection of an arterial street and a freeway.
2. The project site shall have a minimum area of 22,500 SF.
3. The project site shall have a minimum width and depth of 150 FT.
4. The project site shall not have more than one access per street frontage.
5. Landscaping shall comprise a minimum of 20 percent of the site area.
6. Provide enhanced pavement sections to relieve visually dominant asphalt surfaces.
7. A self-serve or full service fueling station may include a fully automated car wash (e.g., roll-over or express car wash), which is incidental to the primary fueling station activity.
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8. An automated car wash which is ancillary to a self -serve or full service fueling station shall be setback a minimum of 100 FT from any residential zoning district or any residential dwelling in a mixed-use project.
9. A full -service fueling station may include general repair and servicing facilities (maximum 2 service bays), and automotive parts, accessories and tire sales, which is incidental to the primary fueling station activity.
B. Automated Fueling Facilities. The following standards shall govern the development and/or operation of automated fueling facilities:
1. Automated (card lock) fueling facilities shall be located with least one street frontage on an arterial street.
2. Automated (card lock) fueling facilities shall not locate within 1,000 FT of a residential zoning district and shall not interfere with the normal use of adjoining properties.
3. The project site shall have a minimum area of 40,000 SF.
4. Automated (card lock) fueling facilities located at the intersection of two street shall not have more than one access per street frontage. Mid-block facilities may be allowed two accesses on the same street.
5. Landscaping shall comprise a minimum of 40 percent of the site area.
6. All pump island areas shall be covered by a canopy, which shall not exceed 17 FT in overall height.
C. Conversion of Gasoline and Fueling Stations. A property originally improved as a gasoline or fueling station, and which is proposed to be converted so as to facilitate another allowed use, shall require upgrading and remodeling of the gasoline or fueling station. Necessary upgrading and remodeling shall include, but is not limited to, the following:
1. Removal of all fuel appurtenances;
2. Removal of canopies;
3. Removal of pump islands;
4. Removal of fuel storage tanks;
5. Removal of overhead doors;
6. Additional off-site street improvements or modification of existing improvements to conform to access requirements in effect at the time of conversion;
7. Exterior remodeling of the building;
8. Additional on -site landscaping and parking improvements to conform with requirements in effect at the time of conversion; and
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9. Conformance with all standards and guidelines contained in this Development Code, which are applicable to the base zoning district.
5.03.230: General Rental Centers
The following standards shall govern the establishment and operation of general rental centers:
A. General rental centers shall include home and garden tool and equipment rental services.
B. Within commercial and mixed -use zoning districts, general rental centers shall only be allowed in conjunction with " Building Materials, Garden Equipment and Supplies Stores, " Standalone general rental centers shall be prohibited within these zoning districts.
C. All outdoor storage of equipment shall be screened from public view.
5.03.235: Hardware Manufacturing
Within the IP zoning district, hardware manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.240: Home Occupations
A. Purpose. The purpose of these provisions is to allow for the operation of home -based businesses that are incidental to and compatible with residential land uses. A Home Occupation represents a legal income producing activity by the occupant of a residential dwelling unit.
B. Applicability.
1. License Required . No person shall engage in a Home Occupation unless such person holds a valid business license issued by the City.
2. Prohibited Uses. The following list represents example uses that are not considered to be incidental to and/or compatible with residential activities, and for which a Home Occupation permit shall not be issued:
a. Gun/munitions repair or sales;
b. Ammunition loading or sales;
c. Barber and beauty shops;
d. Businesses involving the harboring, training, breeding, raising or grooming of cats, dogs or other animals on the premises, except as otherwise permitted in the AR -2 zoning district;
e. Carpentry and cabinet making;
f. Medical and dental offices or clinics;
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g. Repair or fix-it shops;
h. Storage of equipment, materials and other accessories to the construction or service trades;
i. Motor vehicle repair (body or mechanical), upholstery or painting;
j. Welding or machining;
k. On-site sales of motor vehicles (new or used);
l. Massage services, excepting out-call services; and
m. Any other use determined by the Zoning Administrator that is not incidental to and/or compatible with residential activities.
C. Operating Requirements. Home Occupations shall comply with the following operating standards:
1. A Home Occupation shall be clearly incidental and subordinate to the primary residential use.
2. Only the occupants of the dwelling may engage in the Home Occupation.
3. Not more than one client/customer shall visit the premises at any one time, excepting in-home educational activities, including but not limited to music lessons, academic tutoring, or religious instruction, provided no more than 3 students are present at any one time and each of the operating requirements enumerated herein are complied with.
4. There shall be no change in the outward appearance of the premises.
5. There shall be no advertising that identifies the Home Occupation by street address.
6. The Home Occupation shall be conducted within an enclosed structure, completely confined to one room of the dwelling and occupying no more than 10 percent of the GFA of the dwelling, except as follows:
a. Floriculture may be conducted outdoors in conjunction with a single-family dwelling located in the appropriate zoning district. All activities shall take place within the rear one-half of the lot and occupy no more than 10 percent of the net lot area.
b. Within the AR-2 zoning district, kennels and catteries (limited to fewer than 8 animals) shall be conducted in conjunction with a single -family residential land use, within the rear one-half of the lot, and all applicable requirements of Section 5.03. 410.C (Animal Keeping and Production) of this Division shall be complied with.
c. Permitted accessory residential structures may be utilized for storage or workspace, provided the items being stored are contained completely within the structure, and use of the accessory residential structure maintains that the Home Occupation is inciden tal and subordinate to the primary residential use.
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7. Only one vehicle specifically associated with the Home Occupation, no larger than a one-ton pick-up truck or van, may be maintained on the property.
8. There shall be no use or storage of materials, chemicals, compounds or equipment not typically recognized as being part of a normal household or hobby use.
9. Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises.
10. Cottage Food Operations shall be conducted consistent with State law operating requirements and shall only involve products contained on the A pproved Cottage Foods list maintained by the California Department of Public Health.
11. The Home Occupation shall not generate vehicular or pedestrian traffic in greater volumes than normal in a residential neighborhood.
12. The Home Occupation shall not involve the use of commercial vehicles for delivery of materials either to or from the premises, excepting the use of standard parcel delivery services.
13. No equipment or processes shall be used that creates noise, odor, smoke, glare, dust, fumes, vibration, or result in interference with radio or television reception detectable to the normal senses outside the dwelling unit in which the Home Occupation is c onducted.
14. If the Home Occupation is to be conducted on rental property, the property owner's written authorization shall be provided on the home occupation application.
15. No Home Occupation shall be conducted without a current City business license.
D. Internet, Direct Mail, and Telephone Retail Sales.
1. Direct business to consumer retail sales via internet, direct mail or telephone, including wine sales (Type 85 ABC license) conducted pursuant to BPC Sections 23393.5, 23661.7, 24045.18, 25503.56, and 25503.9, shall be permitted as a Home Occupation.
2. No items intended for retail sale shall be stored on the premises, or packaged and shipped from the premises, in quantities greater than typical for single -family dwellings.
3. The business premises shall not be open to the public for the purchase or pickup of retail items.
E. Change in Information or Circumstance. If during the life of a home occupation, the applicant has any change in information or circumstance concerning the original application, notification shall be made to the Planning Department, in writing, within 30 days of the change occurring.
F. Inspections. Authorized representatives of the City 's Planning Department, Police Department, Building Department, Fire Department, and/or Code Enforcement Officers shall have the right to enter the property upon which a home occupation permit has been granted, during normal business hours, for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws and provisions of this Development Code and the Ontario Municipal Code.
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5.03.245: Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers
The following standards shall govern the establishment and operation of hookah establishments:
A. Purpose. The purpose of this Section is to help mitigate negative impacts associated with smoking and vaping uses, in order to serve the public health, safety, and welfare of City residence, and City businesses and their patrons. Furthermore, this Section is specifically intended to reduce the impact of smoking and vaping uses on minors, as an abundance of such uses increases the potential for minors to associate smoking and vaping with a normative lifestyle.
B. Applicability. All smoking and vaping businesses throughout the City shall comply with the regulations and requirements of this Section.
C. Definitions. For the purposes of this Section, the words or phrases listed below, in correct alphabetical order, shall have the meanings hereafter specified:
1. Electronic Cigarette (E-Cigarette). An electronic device, which is typically battery- operated, designed to deliver a nicotine -based liquid, or other substance, that is vaporized and then inhaled (called "vaping"), simulating the experience of smoking tobacco. Such devices are manufactured to resemble traditional tobacco cigarettes, cigars, pipes, or even everyday items, such as pens or USB memory sticks. The term includes any such device manufactured, distributed, marketed, or sold as an electronic cigarette o r e- cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed physician.
2. Hookah Establishments. Any facility or location whose business operation, whether a primary or accessory use, is characterized as a commercial establishment where patrons gather to share in the smoking of flavored tobacco (shisha) from a communal hookah, including but not limited to establishments known variously as a hookah lounge or bar, or shisha bar or den , including smoking cigars or establishing cigar bars.
3. Hookah. A single or multi- stemmed instrument for smoking flavored tobacco (or shisha), whose vapor or smoke is passed through a water basin before inhalation.
4. Smoking/Vaping Lounge. Any facility or location whose business operation, whether a primary or accessory use, is characterized by the sale, offering, and/or preparation of smoking tobacco, electronic cigarettes, or similar products, including but not limited to establishments known variously as smoking lounges, and vaping lounges, excluding cigars and cigar bars.
5. Smoking/Vaping Retailer . A smoke shop, tobacco store, electronic cigarette retailer, or any other retail business where more than 25 percent of the gross floor area is dedicated to the sale of tobacco or tobacco products, electronic cigarettes, or related products, for consumption off the premises.
D. Operating Requirements. Hookah establishments, smoking/vaping lounges, and smoking/vaping retailers shall comply with the following operating standards:
1. Hookah Establishments. The following standards shall govern the establishment and operation of hookah establishments:
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a. A standalone hookah establishment may be established within an outside patio area that is open to the sky, either: [i] as a standalone establishment, [ii] in conjunction with a sit-down restaurant, or [iii] in conjunction with an ABC-licensed bona fide eating establishment.
b. A hookah establishment shall not be established in conjunction with live entertainment.
c. A hookah establishment shall not be established in conjunction with a bar , or nightclub, sit -down restaurant, or in conjunction with an ABC licensed bona fide eating establishment.
d. A hookah establishment shall operate in compliance with all applicable State laws and regulations pertaining to smoking facilities (limitation on numbers of paid staff shall meet CAL-OSHA requirements for air filtration and circulation and meets fire standards for smoking lounges).
e. A hookah establishment shall dispose of ash and coals pursuant to the requirements of the Ontario Fire Department.
f. A hookah establishment with an outside patio area that is open to the sky shall be located a minimum of 1,000500 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any residentially zoned property or sensitive land use, including hospitals and other healthcare facilities; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate.
g. A hookah establishment shall not be established with an outside patio area when located in mixed use zoning districts with a vertical separation between land uses (i.e., residential units located above commercial land uses).
f.h. A hookah establishment meeting CAL -OSHA requirements for air filtration and circulation is not subject to the above 500 FT separation requirement from residentially zoned property or sensitive land uses.
i. A hookah establishment shall be located a minimum of 1,000500 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any other hookah establishment, or a smoking/vaping lounge or smoking/vaping retailer.
g.j. A hookah establishment shall be located a minimum 1,320 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any smoking/vaping retailer.
2. Smoking/Vaping Lounges . The establishment and operation of smoking/vaping lounges shall be prohibited, excepting hookah establishments established pursuant to Paragraph D.1 (Hookah Establishments) of this Section.
3. Smoking/Vaping Retailers. The following standards shall govern the establishment and operation of smoking/vaping retailers:
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b. A smoking/vaping retailer shall be located a minimum of 1, 320 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any other smoking/vaping retailer, or a hookah establishment.
c. No smoking/vaping shall be permitted in conjunction a smoking/vaping retailer.
5.03.250: Hotels, Motels, Residence Inns, and Other Similar Traveler Accommodation
The following standards shall govern the establishment, construction, and operation of hotels, motels, residence inns, and other similar traveler accommodation:
A. Kitchens, kitchenettes, and Other Cooking Facilities. Kitchens, kitchenettes, and other cooking facilities shall not be permitted within guestrooms, excepting the manager 's unit and residence inns.
B. Minimum Number of Guestrooms Required. A hotel, motel, residence inn, or other similar traveler accommodation shall contain no fewer than 6 guest rooms.
C. Market Feasibility Report Required. A Conditional Use Permit application to establish a hotel, motel, residence inn, or other similar traveler accommodation, shall be accompanied by a market feasibility report prepared by a professional economist, and shall include the following information:
1. A complete listing of proposed facilities, amenities, and services (i.e.: number and type of rooms, meeting space square footage, recreational amenities, business services such as data ports-workstations-etc., refrigerators in room, laundry service, restau rant-coffee shop-food service, etc.);
2. History of proposed developer and potential operators (i.e.: years in business, principals, capitalization, experience, listing of projects, number of units owned, average rates charged, occupancy rates, etc.);
3. Analysis of economic environment projecting likely future economic conditions as they relate to the operation of the subject hotel;
4. Subjects competitive market (i.e.: identification of their market, 3 and 5 year history of occupancy-average daily rate-revenue per available room trends for that market, estimated share of the market the hotel will capture during the first five years of operation, etc.);
5. Analysis of the economic impacts on existing hotel markets within Ontario (i.e.:
estimate of the dilution of the market due to addition of proposed hotel, etc.). Note: new hotel 262
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6. Relationship to demand generators (i.e.: airport, convention center, corporate market, shopping, and entertainment); and
7. Public cost/revenue projections.
D. Minimum Amenity Package. No Development Plan and/or Conditional Use Permit shall be approved for a hotel, motel, residence inn, or other similar traveler accommodation, unless the following amenities are provided:
1. Each guestroom shall include voicemail, wired or wireless internet access, desk with chair, hairdryer, retractable magnifying (10X) and lighted makeup mirror, iron and ironing board, high definition television, and alarm clock or wake-up service;
2. Minimum of 15 SF of meeting space per guestroom for limited – service hotels and 30 SF for full-service hotels;
3. The following minimum active and passive leisure amenities shall be provided:
a. A swimming pool, except that the Approving Authority may approve smaller boutique hotels, motels, residence inns, or other similar travel accommodations having fewer than 75 rooms, with alternate amenities, such as, but not limited to:
(1) A full-service restaurant or café;
(2) Highly amenitized guest rooms, which exceed the minimum amenities required by Paragraph D.1, above;
(3) Meeting space, which substantially exceeds the minimum requirements of Paragraph D.2, above;
(4) Highly detailed architectural features that reflect an established architectural style identified in Reference C (Architectural Styles) of this Development Code; and/or
(5) Other amenities acceptable to the Approving Authority; and
b. A whirlpool/spa; or a furnished cabana containing items such as lighting, ceiling fans, tables, chairs, sofas, lounge chairs, and fire pit;
c. A fitness room; and
4. A full-service restaurant shall be provided in conjunction with a full-service hotel and a guest courtesy lounge (for light meals and snacks) shall be provided with limited-service hotels.
E. Occupancy of Accommodations.
1. No guestroom shall be rented for a period exceeding 30 consecutive calendar days, counting portions of calendar days as full days.
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2. No guestroom shall be rented for less than one 24-hour period.
F. Hotels, Motels, Residence Inns, and Other Similar Traveler Accommodation Located in the SP (Specific Plan) Zoning District. Hotels, motels, residence inns, and other similar traveler accommodations that are located in the SP (Specific Plan) zoning district shall be subject to Conditional Use Permit approval.
5.03.255: Leather and Allied Product Manufacturing, Other
The following standards shall govern establishment and operation of "other leather and allied product manufacturing" facilities:
A. "Other leather and allied product manufacturing " shall include the manufacture of luggage, handbags, purses, personal leather goods, and other leather products.
B. Within the BP and IP zoning districts, the development of new "other leather and allied product manufacturing" shall be limited to small-scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.257: Live Entertainment
The following standards shall govern the establishment and operation of live entertainment facilities:
A. No person, firm, partnership, corporation, company, or non -profit or charitable organization shall conduct any entertainment, without first making application to the City and obtaining a Conditional Use Permit or Administrative Use Permit, as applicable, to do so, nor shall any person conduct the same during the time while a permit to do so is revoked.
B. Any modifications or revisions to the live entertainment provided under a Conditional Use Permit or Administrative Use Permit shall require City approval.
5.03.260: Machine Shops, and Turned Product, Screw, Nut, and Bolt Manufacturing
Within the IP zoning district, the development of new machine shops, and turned product, screw, nut, and bolt manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single - tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.265: Manufacturing, Miscellaneous
Within the IP zoning district, the development of new "miscellaneous manufacturing " shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
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5.03.270: Massage Establishments and Services
The following provisions shall govern Massage Establishments and/or any business providing massage services, or any person that administers massage for financial or other consideration, or acts in the capacity of a Massage Practitioner or Massage Therapist:
A. Requirements for Massage Establishments and Massage Services for Compensation . No person shall provide massage services for compensation or engage in the business of massage, or administer massage or provide services as a Massage Therapist or Massage Practitioner, unless such person holds a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600 , et seq.
B. Massage Establishment Operational Requirements . Every Massage Establishment shall maintain facilities meeting the following requirements:
1. If wet and dry heat rooms, steam and vapor rooms or cabinets, toilet rooms, shower rooms, bathrooms, tanning booths, whirlpool baths, or pools are offered, they shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open. Bathtubs shall be thoroughly cleaned and disinfected. All walls, ceilings, floors, and other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition.
2. Instruments for performing massage shall not be used on more than one patron unless they have been sterilized using sterilizing methods approved by the San Bernardino County Health Department.
3. All employees, including Massage Practitioners and/or Massage Therapists, shall be clean, and shall be clothed in a manner consistent with the Massage Therapy Act, BPC Division 2, Chapter 10.5 (commencing with Section 4600).
4. No person shall enter, be or remain in any part of a Massage Establishment while in possession of, consuming or using any alcoholic beverage or drugs, except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, man ager or permittee shall not permit any such person to enter or remain upon such premises.
5. No massage service may be carried on within any cubicle, room, booth or any area within a Massage Establishment which is not immediately accessible to supervisory, safety or inspection personnel during all hours of operation.
6. No Massage Establishment employing Massage Therapists shall be equipped with tinted or "one-way" glass in any room or office.
7. Pads used on massage tables, or on other furniture upon which massage services are performed, shall be covered with a durable, washable plastic or other waterproof material acceptable to the City.
8. A list of all Massage Therapy services and their costs shall be posted in an open and conspicuous place near the entrance of the Massage Establishment. No Massage Establishment Owner or Manager shall permit, and no employee or independent contractor of the Massage Establishment shall offer to perform, any Massage Therapy services, or charge any fees, other than those posted.
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9. No portion of the Massage Establishment will be used for overnight stay or residential purposes.
10. No Massage Establishment shall be opened at the same address where a Massage Establishment was closed and/or revoked in violation of any provision of this Chapter, or for any violation of Federal, State, or local laws, for at least 24 months at location(s) where the closure(s) occurred.
11. A sign at least 8.5 inches by 11 inches in size, containing the following written notice in minimum 16-point font, shall be posted in a conspicuous place in the Massage Establishment, displayed in English, Vietnamese, Mandarin, Spanish, Cantonese, and Korean, and easy to read by any person entering the premises:
If you or someone you know is being forced to engage in any activity and cannot leave – whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity – call the National Human Trafficking Hotline at 1-888-373-7888 or the Coalition to Abolish Slavery and Trafficking (CAST) 1-888-KEY-2-FREE or 1-888-539-2373 to access help and services. Victims of slavery and human trafficking are protected under United States and California Law.
These hotlines are:
• Available 24 hours a day, 7 days a week.
• Toll-free.
• Operated by nonprofit, nongovernmental organizations. • Anonymous and confidential.
• Accessible in more than 160 languages.
• Able to provide help, referral to services, training, and general information.
C. Massage Establishment Hours of Operation. Massage Establishment hours of operation shall be limited to 8:00 AM to 10:00 PM of the same day.
D. Outcall Massages. No Massage Therapy shall be conducted in a hotel or motel room, or in the private residence of the Massage Therapist.
E. Minimum Separation Between a Massage Establishment and Sensitive Land Uses. Maintain a minimum 300 -FT separation between a Massage Establishment and any sensitive land use, including schools, preschools, child daycare facilities, or parks.
F. Right of Authorized Representatives to Enter a Massage Establishment. As a condition of business license issuance for a Massage Establishment, the permittee shall consent to the right of authorized representatives of the City's Police Department, Building Department, Fire Department, Code Enforcement Officers or San Bernardino County Health Department to enter the Massage Establishment during regular business hours for the purpose of making reasonable unscheduled inspections, to observe and enforce compliance with applicable regulations, laws, and provisions of this Development Code.
The following notice shall be posted in a conspicuous place in the Massage Establishment. The notice must be easy to read by any person, must be displayed in English and Spanish, and must be visible to anyone entering the Massage Establishment:
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DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY AUTHORIZED CITY OF ONTARIO PERSONNEL WITHOUT PRIOR NOTICE.
G. Business Owner Required to Maintain a List of all Employees and Independent Contractors, and Their CAMTC or City Certifications. As a condition of business license issuance for a Massage Establishment, the business owner shall provide a list of all employees and independent contractors and their CAMTC or City certifications. The business owner shall notify the City should this information change. Additionally, with the annual renewal of their business license, the business owner shall provide an updated list of all employees and their certifications.
H. Institutions or Classes of Individuals Not Applicable to this Section. The provisions of this section pertaining to massage services shall not apply to the following institutions or classes of individuals, while engaged in the performance of the duties of their respective professions:
1. Hospitals, nursing homes, sanatoriums or other similar health facilities duly licensed by the State;
2. Recognized schools of massage;
3. Physicians, surgeons, chiropractors, osteopaths, or physical therapists, who are duly licensed to practice their respective professions in the State, or other persons licensed to practice any healing art pursuant to BPC Section 500, et seq.;
4. Nurses registered under the laws of the State;
5. Barbers, cosmetologists, beauticians, and manicurists who are duly licensed under the laws of the State while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face, scalp, hands and/or feet of the customer client;
6. Coaches and trainers in accredited high schools, junior colleges, and colleges or universities, acting within the scope of their employment; and
7. Trainers of amateur, semi-professional or professional athletes or athletic teams.
I. Chair Massage Services. The following operational requirements shall apply to the location, establishment, and operation of Chair Massage Services:
1. Any person, corporation or partnership wishing to perform chair massage in the City shall first be doing business at a fixed location in the City, having a valid business license, or a valid home occupation pursuant to the "home occupations" provisions of this Division.
2. Chair massage services may be performed only by a person with a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600, et seq., or a valid City Massage Therapist permit.
3. Chair massage services may only be offered at nonresidential places of business within the CS, CN, CC, CR, CCS, OL, OH, MU -1, and ONT zoning districts and the California Commerce Center North (Ontario Mills) Specific Plan.
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4. A Massage Therapist offering chair massage shall have a signed contract for service at each location the service is provided. A copy of such contract shall be provided for inspection upon demand, to any City official with responsibility for enforcement of this Section.
The contract shall specify the location, days, and times the service is to be offered.
5. Chair massage shall be offered at a set time and day at each location and shall not be offered at any other time. Such service shall only be conducted between the hours of 8:00 AM and 10:00 PM of the same day.
J. Unlawful Conduct. The following actions shall constitute unlawful conduct as they pertain to the location, establishment, and operation of Massage Establishments and Services:
1. It shall be unlawful for any person, for financial or other consideration, to massage any other person, or give or administer any bath, or give or administer any of the other services set forth in this Development Code for immoral purposes, or in a manner intended to arouse, appeal to, or gratify the lust or passions or sexual desires.
2. It shall be unlawful for any Massage Therapist to massage the genital area of any patron or the breasts of any female patron or for any responsible managing officer in charge of the premises of a Massage Establishment to allow or permit such massage.
3. It shall be unlawful for a person serving as a Massage Therapist to be clothed in a manner inconsistent with the Massage Therapy Act, BPC Division 2, Chapter 10.5 (commencing with BPC Section 4600). Massage Therapists shall maintain their permit identifica tion card clearly visible on their person during business hours.
4. It shall be unlawful for a Massage Therapist issued a permit by the City in accordance with Paragraph A.2 of this Section, to perform any massage service at any location other than that location specified on the Massage Therapist 's permit. If during the life of a permit, the applicant has any change in information concerning the original application, notification shall be made to the Zoning Administrator, in writing, within 30 days of the change.
5. It shall be unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a Massage Establishment to employ or permit a person to act as a Massage Therapist who is not in possession of a valid, unrevok ed Massage Therapist permit issued pursuant to Paragraph A.2 of this Section, or a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600, et seq.
6. It is unlawful for any Massage Establishment, Massage Therapist or Massage Practitioner to provide, or to offer to provide, out-call massage services in the City. For the purpose of this provision, the term "out-call massage services" shall mean to engage in or carry on massage, not at a fixed location, but at a location designated by the customer or client. "Out-call massage services" shall not include chair massage services conducted pursuant to Subsection G (Institutions or Classes of Individuals Not Applicable to this Section) of this Section.
K. Violations and Penalties. The following violations and penalties shall apply to the location, establishment, and operation of Massage Establishments and Services:
1. Every person, except those persons who are specifically exempted by the massage services provisions pursuant to division F herein, whether acting as an individual, owner, employee of the owner, or operator or employee of the operator, or whether acting as a mere helper for 268
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(Rev. 03.18.202507.01.2025) Page 5.03-86 Ontario Development Code the owner, employee, or operator, or whether acting as a participant or worker in any way who gives massages or conducts a Massage Establishment or room, or who gives or administers, or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths, vapor baths, fomentations, sunbathes, mineral baths, alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt glows, or any type of therapy, or who does or practices any of the other services or acts set forth in these provisions, without first obtaining a valid, unrevoked Massage Therapist permit issued pursuant to Paragraph A.2 of this Section, or a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600, et seq., or who shall violate any operational standard of the massage services provisions, shall be guilty of a misdemeanor.
2. Any owner, operator, manager, or permittee in charge or in control of a Massage Establishment who knowingly employs a person performing as a Massage Therapist, as defined in this Development Code, who is not in possession of a valid, unrevoked Massage Therapist permit issued pursuant to Paragraph A.2 of this Section, or a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600 et seq., or who allows such an employee to perform, operate, or practice within such a place of business shall be guilty of a misdemeanor.
3. Any owner, operator, manager, or permittee in charge or in control of a Massage Establishment under this Development Code shall be a Responsible Person. " Responsible Person" shall mean a person who causes a violation of this Development Code or the Ontario Municipal Code to occur, or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee, or independent contractor causes a vi olation to occur, or allows a violation to exist or continue. A Responsible Person shall be liable for the violation of his or her agent, employee, or independent contractor. For the purposes of this Development Code, there may be more than one Responsible Person for a violation.
4. Any Massage Establishment operated, conducted, or maintained contrary to the provisions of this Development Code shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence actions or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and shall take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate or remove such Massage Establishment and restrain and enjoin any person from operating, conducting or maintaining a Massage Establishment contrary to the provisions of this Development Code.
5. Any violation of any of the provisions of this Development Code shall be subject to punishment for violation in accordance with the penalty provisions set forth in OMC Title 1, Chapter 2 (Penalty Provisions). Punishment for any violation of any of this Dev elopment Code's provisions shall be in accordance with the Ontario Municipal Code punishment and fine provisions as set forth in OMC Section 1-2.01 (Punishment for Violation).
5.03.275: Material Recovery Facilities (MRF)
All activities associated with a MRF shall be wholly contained within a fully enclosed building , excepting salvage facilities (such as automobile dismantling and metal salvage/recycling) established in compliance with the requirements of Section 5.03.350 (Salvage Facilities) of this Division, which may be allowed outside with the approval of a Conditional Use Permit .
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5.03.280: Marijuana Dispensary
Notwithstanding any other provision of this Development Code, a 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, as follows:
A. The operation of any marijuana dispensary within the City is hereby declared a public nuisance and shall be abated pursuant to all available remedies. Violations of this Section may be enforced by any applicable law.
B. No person shall deliver marijuana or marijuana -infused products, such as tinctures, baked goods or other consumable products, to any location within the City from a marijuana dispensary, regardless of whether the marijuana dispensary from which the delivery originated is within the City, or engage in any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet, or assist in the operation of any marijuana dispensary in the City.
C. No person shall deliver marijuana or marijuana -infused products with such delivery originating from any marijuana dispensary located within the City, regardless of whether the delivery destination is within the City.
5.03.285: Mixed-Use Developments
A. Residential Mixed-Use Projects. The following standards shall govern the development of residential mixed use projects consisting of single -family and /or multiple-family dwellings constructed in conjunction with a variety of complementary commercial land uses as may be allowed within the base zoning district pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, including office, retail, public, or entertainment uses, in a fully integrated development project having functional interrelationships and a cohesive physical design:
1. Residential Mixed-Use Developments Subject to the Standards and Guidelines of the Base Zoning District. The site and building(s) of a residential mixed use development project shall be designed and constructed pursuant to, and consistent with, the development standards (e.g., FAR, landscape coverage, lot size, setbacks and separations, etc.) and design guidelines of the base zoning district.
2. Residential Mixed-Use Developments within Commercial Zoning Districts.
a. As allowed within commercial zoning districts pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code, dwellings may be constructed on the upper floors of commercial buildings containing office, retail, public and/or entertainment uses, or behind commercial buildings containing such uses, at or above ground level.
b. To ensure that the residential portion of a mixed use development is no more intense than the commercial development that would otherwise be allowed, the maximum residential density shall be determined based upon an Equivalent Impact Study (EIS) prepared for the project, which assesses the maximum allowed residential density based upon the comparable traffic generation, water usage, and sewerage generation of the maximum allowed commercial floor area.
c. The applicant for a mixed-use development project shall be responsible for all City costs incurred in preparing the EIS.
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3. Residential Mixed-Use Developments within Mixed Use Zoning Districts . Residential mixed-use development projects within mixed-use zoning districts shall be developed pursuant to the requirements of Section.6.01.020 (Mixed Use Zoning Districts) of this Development Code and the Policy Plan component of The Ontario Plan.
B. Nonresidential Mixed-Use Projects. The following standards shall govern the development of nonresidential mixed use projects consisting of commercial land uses constructed in conjunction with a variety of complementary light industrial and business park land uses as may be allowed within the base zoning district pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, in a fully integrated development project having functional interrelationships and a cohesive physical design:
1. Nonresidential Mixed-Use Developments Subject to the Standards and Guidelines of the Base Zoning District. The site and building(s) of a nonresidential mixed use development project shall be designed and constructed pursuant to, and consistent with, the development standards (e.g., FAR, landscape coverage, lot size, setbacks and separations, etc.) and design guidelines of the base zoning district.
2. Nonresidential Mixed-Use Developments within Industrial Zoning Districts.
a. As allowed within industrial zoning districts pursuant to Table 5.02- 1 (Land Use Matrix) of this Development Code, commercial land uses may be constructed on the upper floors of industrial buildings, or behind industrial buildings containing such uses, at or above ground level.
b. To ensure that the nonresidential portion of a mixed use development is no more intense than the industrial development that would otherwise be allowed, the maximum residential density shall be determined based upon an Equivalent Impact Study (EIS) prepared for the project, which assesses the maximum allowed residential density based upon the comparable traffic generation, water usage, and sewerage generation of the maximum allowed industrial floor area.
c. The applicant for a mixed-use development project shall be responsible for all City costs incurred in preparing the EIS.
3. Nonresidential Mixed-Use Developments within Mixed -Use Zoning Districts . Within mixed use zoning districts, nonresidential mixed-use developments shall be developed pursuant to the requirements of Section.6.01.020 (Mixed Use Zoning Districts) of this Development Code and the Policy Plan component of The Ontario Plan.
5.03.290: Mobile Food Services
The following standards shall govern the design and establishment of mobile food services:
A. Mobile food services shall only be allowed in conjunction with a temporary event approved pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code.
B. All mobile food services shall display a current San Bernardino County Department of Environmental Health Services operating decal and/or permit, and inspection letter grade.
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D. Restroom facilities for mobile food service employees, which shall include facilities for washing hands, shall be provided.
5.03.295: Mobilehome Parks
The following standards shall govern the design and establishment of mobilehome parks:
A. Allowed within the MHP Zoning District. Mobilehome parks shall only be established within the MHP zoning district.
B. Site Development Standards.
1. Project Area. The minimum project area shall be 3.0 acres.
2. Density. The maximum residential density shall not exceed 8.011.0 dwelling units/acre.
3. Common Open Space and Recreation Areas . A minimum of 300 SF of common recreational open space per mobilehome pad shall be provided. Common recreation amenities shall be provided pursuant to the minimum requirements prescribed for multiple -family developments in Subparagraphs 6.01.010.E.2.c (Active Open Space Area) and d (Passive Open Space Area) of this Development Code.
4. Project Entries. The mobilehome park entrance shall be delineated with enhanced paving treatment (e.g., color pigmented concrete, interlocking pavers, and stamped concrete) and intensified landscaping, including elements such as specimen -sized trees, decorative low garden walls, raised planters, and alluvial rockscapes.
5. Walls and Fences.
a. Decorative walls, fences, and gates shall be provided along the project perimeter.
b. All private open space areas shall be delineated by a decorative fence or wall.
c. All walls and fences shall be designed, constructed, and maintained pursuant to Division 6.02 (Walls, Fences and Obstructions) of this Development Code.
6. Off-Street Parking. Off-street parking facilities shall be provided pursuant to Division
6.03 (Off-Street Parking and Loading) of this Development Code.
7. Landscaping. Landscaped areas shall be designed, installed, and maintained pursuant to Division 6.05 (Landscaping) of this Development Code.
8. Signs. All signs shall be designed, installed, and maintained consistent with the provisions of Division 8.1 (Sign Regulations) of this Development Code.
C. Building Development Standards.
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1. Minimum Building Separations. Minimum building and structure separations shall be maintained pursuant to Table 5.03 -4 (Minimum Mobilehome Building Separation Requirements), below.
Table 5.03-3: Minimum Mobilehome Building Separation Requirements Setback Area Minimum Yard Dimension**
Side to side: 20 FT
End to side: 15 FT
End to end: 10 FT
Front to front (across access drive): 36 FT
Mobilehome to any other building, excepting detached
garage or accessory structure:
15 FT
Mobilehome to detached garage or accessory structure: 5 FT
Note:
** For the purpose of determining minimum separation requirements, awnings, overhangs, enclosed porches, and similar structures shall be deemed a part of the mobilehome unit and shall not be allowed to encroach into a required yard area.
D. Mobilehome Exterior Design and Finishes. The exterior of mobilehomes shall resemble conventionally built single -family homes to the fullest extent feasible. To this end, each mobilehome shall incorporate the following design features:
1. Skirting or Supporting Pad Required . The tongue or hitch each mobilehome shall be removed or suitably screened, and each mobilehome shall be equipped with skirting to screen all foundation jacks and other supporting structure, or a supporting pad shall be provided that is designed to give the appearance that the mobilehome is placed on-grade.
2. Roof Overhang. A minimum roof overhang of one FT shall be provided.
3. Roof Material. Roof material shall consist of wood shingle or shakes, architectural grade asphalt shingles, or concrete or clay tiles.
4. Exterior Wall Finishes. Exterior wall finishes shall include wood, stucco, masonry, natural stone, or other suitable materials as determined by the Planning Director. All exterior wall finishes and skirting required pursuant to Paragraph D.1 (Skirting or Supporting Pad Required ), above, shall extend to the ground, except when a solid concrete or masonry perimeter foundation is used, in which case, the exterior material shall extend below the top of the foundation.
E. Utilities. All on-site utilities to individual mobilehomes shall be located underground.
5.03.300: Mobile Washing and Detailing Services
The following standards shall govern the establishment of mobile washing and detailing services:
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B. A mobile washing and detailing service may be licensed as a home occupation, provided no washing or detailing of vehicles is performed on the premises, excepting personal vehicles of the home occupant.
C. Mobile car washing and detailing shall be considered an incidental use related to the permitted principal land use in any zoning district upon which the activity takes place. A city business license and any applicable permits related to wastewater or environmental protection must be obtained. The following operational requirements shall apply to all mobile car washing and detailing uses:
1. Operators are prohibited from engaging in washing the exterior of a vehicle at the following locations:
a. On any public street or public right-of-way;
b. On any vacant unimproved lot; and
c. On any landscaped area of a lot.
2. Mobile car washing and detailing businesses operating in nonresidential zon ing districts shall not operate within 300 FT of a boundary of a residential zoning district and/or residential structure, excepting residential structures within mixed-use zoning districts.
3. Hours of operation in residential zoning districts shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m. Hours of operation in nonresidential zoning districts shall be limited to Monday through Sunday, 8:00 a.m. to 7:00 p.m.
4. In nonresidential zoning districts, mobile car washing and detailing businesses shall not operate at the same location and/or at the same property for more than 5 hours during the permitted hours of operation (as identified above).
5. In nonresidential zoning districts, mobile car washing and detailing businesses shall not service more than 20 vehicles per location per week.
6. Operators shall maintain noise levels below the levels provided in Title 5 (Chapter 29: Noise) of the Municipal Code.
7. The operator of a mobile car washing and detailing business shall obtain and have evidence of the authorization of the property owner (or the property owner 's authorized representative) to operate prior to commencement of operations and throughout the duration of the activities.
8. At all times, operators shall either contain wastewater for disposal off site or divert wastewater to a sanitary sewer on site to the satisfaction of the City Engineer.
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5.03.305: Motor Vehicle Dealers
The following standards shall govern the establishment and operation of new or used motor vehicle dealers, including automobiles, light trucks and vans (rated at one ton or less), and recreational vehicles, motorcycles, watercraft, all -terrain vehicles, and other similar motor vehicles:
A. Motor vehicle servicing, repair, and maintenance activities shall be performed within a wholly enclosed building. Service bay doors shall be located so as not to be visible from any public or private street, or office, retail sales and off-street parking facilities on adjoining lots.
B. There shall be no outside storage of inoperable motor vehicles or motor vehicle parts.
C. Prior to the issuance of a business license by the City, a site plan shall be submitted to the Planning Department for review and approval, which demonstrates compliance with the following:
1. Motor vehicle display areas shall meet the minimum parking setback requirements of the zoning district in which the use is located, and the design standards for off -street parking facilities contained in Division 6.03 (Off -Street Parking and Loading) of th is Development Code.
Setback areas shall be fully landscaped and provided with an automatic irrigation system.
2. A vehicle loading and unloading area shall be provided for each vehicle sales facility. The loading area shall be clearly demarcated by signs and pavement markings. The loading area shall not encroach into required parking areas or block fire access lanes, and shall occur on -site, at a location approved by the Fire Department. On -street vehicle loading and unloading shall be prohibited.
D. Automobile dealers providing vehicle service and repair shall provide a minimum of 6 queuing (waiting) spaces for service write -ups, which shall not encroach into required parking or loading spaces.
E. The retail sales of motor vehicles from a residentially zoned property shall be prohibited as a Home Occupation.
F. Motor vehicle sales on any property with shared parking facilities shall only be permitted if all vehicle sales, display, and storage areas are located within a fully enclosed building.
G. Motor vehicle sales as a temporary sales event shall only be permitted pursuant to the requirements for "temporary and interim uses" contained in this Division. The motor vehicle retailer shall be licensed to a fixed motor vehicle sales location in the City.
5.03.310: Motor Vehicle Storage Facilities
The following standards shall govern the establishment and operation of motor vehicle storage facilities:
A. For the purposes of administration and enforcement of this Section:
1. Any motor vehicle maintained on a property for 72 or more consecutive hours shall be deemed to be "stored."
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2. Motor vehicle storage shall include the keeping of automobiles, trucks, vans, recreational vehicles and watercraft, motorcycles, trailers, forklifts, and any inoperative vehicle, regardless of vehicle type.
B. The indoor storage of motor vehicles shall comply with all applicable requirements of the fire and building codes.
C. All vehicles stored outdoors shall be screened from public view by a minimum 8 -FT high decorative masonry block wall.
D. All vehicles stored outdoors shall comply with all requirements of the base zoning district, which are applicable to the design and use of outdoor storage areas.
5.03.315: Personal Fitness Trainer
Within the IP, IL, and IH zoning districts, a personal fitness trainer shall only be allowed to establish in conjunction with fitness and recreational sports centers (NAICS 713940).
5.03.320: Personal Property Donation Bins
A. Welfare and Institutions Code Division 1, Chapter 2 (commencing with Section 150) allows a city, county, or city and county to impose requirements on the solicitation and sale of salvageable personal property within its jurisdiction.
B. The following regulations shall govern the establishment and operation of salvageable personal property collection boxes/bins within the City:
1. The provisions of Welfare and Institutions Code Division 1, Chapter 1.8 (commencing with Section 148) and Chapter 2 (commencing with Section 150), which governs the acquisition and disposition of salvageable personal property for charitable purposes, and unattended collection bins, respectively, shall be complied with.
2. Salvageable personal property collection bins may only be established in conjunction with a host business, subject to Conditional Use Permit approval pursuant to Section
4.02.015 (Conditional Use Permits) of this Development Code.
3. Collection bins shall be constructed and maintained with durable, waterproof, and rustproof material, and shall be fully enclosed.
4. Collection bins shall be clearly marked to identify the type of materials that may be deposited.
5. Collection bins shall be swept and maintained in a in a clean, litter -free condition, on a daily basis.
6. Collection bins shall be setback a minimum of 30 FT from any arterial street property line, and 20 FT from any collector or local public street property line, and shall not obstruct pedestrian or vehicular circulation.
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7. The occupation of parking spaces by salvageable personal property collection bins shall not reduce available parking spaces below the minimum required for the host business pursuant to Division 6.03 (Off-Street Parking and Loading) of this Development Code.
8. Collection bins shall not encroach upon any existing landscaped areas, unless replaced elsewhere on the site.
9. Additional landscaped areas and architectural elements, such as vertical and horizontal decorative trellises, seat walls, and raised planters, may be required by the Approving Authority to screen collection bins.
5.03.325: Pharmaceutical and Medicine Manufacturing
Within the BP and IP zoning districts, the development of new pharmaceutical and medicine manufacturing shall be limited to small-scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.330: Pharmacies and Drug Stores
Drive-thru facilities in conjunction with pharmacies and drug stores shall be permitted subject to the provisions of Section 5.03.165 (Drive-Thru Facilities) of this Division.
5.03.335: Plastics Product Manufacturing
Within the IP zoning district, the development of new plastics product manufactur ing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.340: Recycling Facilities
The purpose of this Section is to implement the California Beverage Container Recycling and Litter Reduction Act (PRC Section 14500, et seq.). The following standards shall govern the establishment and operation of recyclable container collection facilities:
A. Reverse Vending Machines. Reverse vending machines may be established in conjunction with a host business for the collection of post -consumer beverage containers pursuant to the California Beverage Container Recycling and Litter Reduction Act, and shall comply with the following:
1. Reverse vending machines shall be established pursuant to the requirements of this Development Code, and the building and fire codes of the City.
2. Reverse vending machines shall be located within 30 FT of the entrance of the host business and shall not obstruct pedestrian or vehicular circulation.
3. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof materials and shall be covered. 277
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4. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and telephone number of the operator or manager if the facilities become inoperable.
5. Reverse vending machines shall be limited to 3 machines for each host business.
6. Reverse vending machines shall occupy a maximum of 50 SF per installation, including any protective enclosure, and shall not exceed 9 FT in height.
7. Reverse vending machines shall not occupy parking spaces required for the host business pursuant to Division 6.03 (Off-Street Parking and Loading) of this Development Code, nor shall it encroach upon any landscaped area.
8. Reverse vending machines shall be maintained in a clean, litter-free condition.
9. The operating hours of reverse vending machines shall be the same as the host business.
10. Reverse vending machines shall be illuminated to ensure comfortable and safe operation if open between dusk and dawn.
B. Small Collection Facilities. Small collection facilities may be established in conjunction with a host business for the collection of post-consumer beverage containers pursuant to the California Beverage Container Recycling and Litter Reduction Act, and shall comply with following:
1. Small collection facilities shall occupy a maximum area of 500 SF and shall be established in conjunction with a host business at a fixed location within the City, which complies with this Development Code, and the building and fire codes of the City.
2. Small collection facilities shall be constructed and maintained with durable, waterproof and rustproof material, with fully enclosed materials storage containers.
3. Small collection facilities shall be clearly marked to identify the type of recyclables that may be deposited.
4. The name and telephone number of the owner or manager, and the hours of operation of small collection facilities shall be conspicuously posted.
5. Small collection facility sites shall be swept and maintained in a in a clean, litter - free condition on a daily basis.
6. Small collection facilities shall be setback a minimum of 20 FT from any public street right-of-way and shall not obstruct pedestrian or vehicular circulation.
7. Small collection facilities shall not operate power -driven sorting or consolidating equipment, such as crushers, shredders, balers, or other mechanized equipment.
8. Use of the facility for deposit of solid waste or hazardous waste is prohibited.
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9. The operating hours of small collection facilities with attendants shall be the same as the host business, except that facilities located within 100 FT of property zoned for, or occupied by, residential land uses shall only be operated between the hours of 9:00 AM and 7:00 PM.
10. Small collection facilities without attendants shall be located at least 30 FT from any property zoned for, or occupied by, residential land uses, unless the facility is located within an established service area/corridor and, for sound attenuation purpose s, a minimum 6 -FT high masonry block wall has been constructed between the small collection facility and the residential land use(s).
11. Mobile recycling facilities shall have an area clearly marked to prohibit other vehicular parking during the hours when the mobile unit is scheduled to be present.
12. The occupation of parking spaces by a small collection facility and any attendant shall not reduce available parking spaces below the minimum required for the host business pursuant to Division 6.03 (Off -Street Parking and Loading) of this Development Code, unless the facility is located within one -half mile of a supermarket. A reduction in required parking spaces may be allowed to accommodate a small collection facility pursuant to Table 5.03 -5 (Small Collection Facility Maximum Parking Reduction), below.
Table 5.03-4: Small Collection Facility Maximum Parking Reduction Required Number of Parking Spaces Parking Space Reduction 0 to 25 spaces: 0 spaces
26 to 35 spaces: 2 spaces
36 to 49 spaces: 3 spaces
50 to 99 spaces: 4 spaces
100 or more spaces: 5 spaces
13. Small collection facilities shall not encroach upon any existing landscaped areas, unless replaced elsewhere on the site. Furthermore, additional landscaped areas and architectural elements, such as vertical and horizontal decorative trellises, seat walls, and raised planters, may be required to screen collection containers.
C. Large Collection Facilities. Large collection facilities may be established for the collection of post-consumer beverage containers pursuant to the California Beverage Container Recycling and Litter Reduction Act, and shall comply with following:
1. Large collection facilities shall occupy an area of more than 500 SF and shall not be appurtenant to a host use.
2. Large collection facilities shall not be located within 500 FT of property zoned, planned or occupied for residential land uses.
3. All processing activities shall be within a fully enclosed building.
4. Large collection facilities shall be screened from public view by buildings or decorative masonry block walls, which are of sufficient height to completely screen all loading, processing, and storage activities/facilities. All gates shall be view obstructing.
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5. All materials stored outside shall be maintained within fully enclosed containers that are secured and maintained in good condition. Storage containers for flammable materials shall be constructed of nonflammable materials. Oil storage shall be in containers approved by the Ontario Fire Department.
6. Large collection facilities shall be swept and maintained in a in a clean, litter -free condition on a daily basis, and shall be secured from unauthorized entry and removal of materials when unattended.
7. Large collection facilities shall provide adequate area on-site to accommodate a minimum of 6 vehicles, or the anticipated peak customer volume, whichever is higher, to circulate and deposit recyclable materials.
8. Containers provided for after -hours donation shall be located at least 50 FT from any property zoned, planned or occupied for residential use. Containers shall be of sturdy, rustproof construction, have sufficient capacity to accommodate materials collecte d, and be secured from unauthorized entry or removal of material. Containers shall be located at least 10 FT from any building.
9. Donation containers shall be clearly marked to identify the type of material that may be deposited. Notices shall be conspicuously posted stating that no material shall be left outside of donation containers.
10. The name and telephone number of the owner or manager, and the hours of operation of large collection facilities shall be conspicuously posted.
11. Large collection facilities may operate power -driven processing equipment, including aluminum foil and can compacting, baling, shredding, or other similar light processing activities necessary for efficient temporary storage and shipment of materials, as m ay be approved by the Planning Director.
12. The business owner and the property owner, if different from the business owner, shall cause the removal of all recyclable materials that have accumulated, or are deposited, on the site, on a regular basis, but no less than annually. Upon failure to remove the recyclable materials, the City may deem the land use and the property thereon to be abandoned and may enter the property for the purpose of removing the recyclable materials. The business owner and the property owner, if different from the business owner, shall be responsible for payment to the City, all costs borne by the City related to the enforcement of this Paragraph.
D. Processing Facilities. Processing facilities may be established for the recycling of post - consumer beverage containers pursuant to the California Beverage Container Recycling and Litter Reduction Act, which are purchased from recycling centers located within the state of California. Processing facilities are not intended for the acceptance of donated or purchased post-consumer food and beverage containers from the general public. Processing facilities shall comply with following:
1. A processing facility shall not accept donated post-consumer food and beverage containers, nor shall it purchase such materials, from the public; however, a processing facility shall not be precluded from operating on the same site with, or in conjunction with, a collection facility, provided each activity is located within the correct zoning district pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code.
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2. Processing facilities shall not be located within 500 FT of any property zoned or planned for, or occupied by, residential land uses.
3. All processing activities, including collection, processing, and storage, shall be conducted within a fully enclosed building.
4. Processing facilities shall be screened from public view by buildings or decorative masonry block walls, which are of sufficient height to completely screen all loading, processing, and storage activities/facilities. All gates shall be view obstructing.
5. Processing facilities may operate power -driven processing equipment for the purpose of baling, briquetting, crushing, compacting, grinding, shredding, sorting, or other similar processing activities. Processing facilities shall not shred, compact, or bale ferrous metals, excepting food and beverage containers.
6. Processing facilities shall be maintained in a in a clean, litter -free condition on a daily basis, and shall be secured from unauthorized entry and removal of materials when unattended.
7. A processing facility owner and the property owner, if different from the business owner, shall cause the removal of all recyclable materials that have accumulated, or are deposited, on the site, on a daily basis. Upon failure to remove the recyclable materials, the City may deem the land use and the property thereon to be abandoned and may enter the property for the purpose of removing the recyclable materials. The facility owner, and the property owner, if different from the business owner, shall be responsible for payment to the City, all costs borne by the City related to the enforcement of this Paragraph.
5.03.345: Residential Care Facilities, Other—6 or Fewer Persons
"Other residential care facilities" for 6 or fewer persons may only be established in conjunction with a single-family dwelling.
5.03.350: Salvage Facilities
The following standards shall govern the establishment and operation of salvage facilities for the purpose of reclaiming recyclable equipment, materials, and parts, from home appliances, commercial and industrial machinery, motor vehicles, and other similar recyclable items acceptable to the Approving Authority:
A. Salvage facilities shall be located a minimum of 300 FT from any residentially zoned lot.
B. Loading and processing activities, and stored vehicles, materials, and equipment, shall be completely screened from public view and view from adjoining lots , by buildings and/or decorative masonry block walls with view-obstructing gates.
C. Loading, processing, and storage activities shall not be conducted within a required setback area.
D. All setbacks from a street property line shall be fully landscaped and permanently maintained, excepting those areas necessary for pedestrian or vehicular access. 281
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E. All sorting, compaction, shredding, grinding, crushing, and other similar processing activities, shall be conducted within a completely enclosed structure designed to minimize noise and dust generated by the activities.
F. All existing salvage facilities, regardless of the zoning district in which they are located, shall conform with the requirements of this Section within one -year following notification by the Planning Director of the pending amortization of the use. The Planning Commission may abrogate the requirements of this Subsection because unusual circumstances exist with regard to the site or its location, which makes full compliance with the requirements of this Section impracticable.
5.03.355: Self-Storage Facilities
A self-storage facility may exceed the maximum FAR of the zoning district in which it is located, provided that the facility, at its proposed maximum buildout, has been proven to be no more intense than other permitted land uses in the same general vicinity and the same zoning district .
To this end, an Equivalent Impact Study (EIS) shall be prepared for the proposed self-storage facility, which shall determine its maximum allowed gross floor area based upon the comparable traffic generation of other existing permitted land uses in the same general vicinity and the same zoning district, constructed at the maximum allowed FAR of the zoning district.
5.03.360: Senior Citizen Housing Developments
A. Purposes. The purpose of this Section is to establish minimum standards, regulations and incentives for the development of senior citizen housing, and low income senior citizen housing within the City 's commercial zoning districts, in a manner that is consistent with the Policy Plan component of The Ontario Plan, this Development Code, and State Density Bonus Law (GC Section 65915).
B. Applicability. Senior Citizen Housing Developments shall be allowed on property located pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code.
C. Definitions. For purposes of this Section, the words or phrases listed below , in correct alphabetical order, shall have the meanings thereafter specified:
1. Affordable Housing Cost for Owner Occupied Low Income Household . The affordable housing costs as defined in HSC Section 50052.5, exclusive of subdivision (a).
2. Affordable Housing Cost for Owner Renter Occupied Low Income Household . The affordable housing costs as defined in HSC Section 50053, exclusive of subdivision (a).
3. Affordable Housing Cost for Owner Occupied Very Low Income Household . The affordable housing costs as defined in HSC Section 50052.5, exclusive of subdivision (a).
4. Affordable Housing Cost for Owner Renter Occupied Very Low Income Household.
The affordable housing costs as defined in HSC Section 50053, exclusive of subdivision (a).
5. Density Bonus Waivers and Modifications. Those waivers and modifications of City development standards granted by City to Owner of a senior citizen housing development 282
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6. Low Income Households (Lower Income Households) . Households, as defined in HSC Section 50079.5, paying Affordable Housing Costs or Affordable Rents for a Senior Citizen Housing unit.
7. Very Low Income Households. Households, as defined in HSC Section 50105 paying Affordable Housing Costs or Affordable Rents for a Senior Citizen Housing unit.
D. Base Density. Within residential zoning districts, the base density for a Senior Citizen Housing Development shall be pursuant to the development standards of the respective zoning district.
Within nonresidential zoning districts, the base density for a Senior Citizen Housing Development shall be as follows:
Base Density (in DU/Acre)
Districts
CN CC MU-1 MU-6
25 25 25 25
E. Density Bonus.
1. In addition to the base density provided by Subsection D, above, senior citizen housing developments within residential zoning districts shall be eligible for a density bonus as provided in State density bonus law, as prescribed in Subsection 6.01.010.G (Density Bonus and Other Incentives) of this Development Code. Nonresidential zoning districts shall be eligible for a density bonus as provided in State density bonus law, as follows:
Density Bonus (in
percentage/units)
Districts
CN CC MU-1 MU-6
20% 20% 20% 20%
2. For senior citizen housing developments using the density bonus provisions of State density bonus law, a density bonus regulatory agreement securing the use of the senior citizen housing development by qualified senior citizens shall also be required. The density bonus regulatory agreement shall be recorded against the property and shall be in a form acceptable to the City Attorney.
3. The density bonus provisions shall apply to senior citizen housing developments consisting of 5 or more dwelling units, exclusive of a caretaker 's unit. All density calculations resulting in fractional units shall be rounded up to the next whole number.
4. Pursuant to State density bonus law, applicants for senior citizen housing developments may request certain waivers and modifications of the City 's development standards. For purposes of considering such requests for waivers and modifications of development standards, the "development standards " shall be defined as conditions affecting the physical location or type of construction of the senior citizen housing project, and do not include use restrictions, procedural requirements, and fees as more particularly described in GC Section 65915(o)(1).
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5. Use of the senior citizen housing development for use by senior citizen households shall be secured via use of covenants and/or agreements recorded against the property in a form acceptable to the City Attorney.
F. Affordability Bonus for Senior Citizen Housing Developments.
1. In addition to the base density provided by Subsection D and the density bonus authorized by Subsection E of this Section, senior citizen housing developments shall be eligible for an additional density bonus of 10% above the total number of units that can be constructed (base density plus density bonus) whenever an applicant makes at least 50% of the additional units affordable (affordable rental units or affordable for -sale housing) to very low and/or low income senior citizen households. In example, a senior citizen housing development that is entitled to construct 100 units, may construct 10 additional units when it makes 5 of those units available to very low and/or low income senior citizen households.
2. All density calculations resulting in fractional units shall be rounded up to the next whole number, including the determination of affordable units. Use of the affordability bonus provided in this Section shall be subject to the senior citizen housing development meeting the development standards contained in this Section.
3. Affordability of the units for very low and/or low income senior citizen households shall be secured via use of covenants and/or agreements for a minimum term of 45 years for ownership units and 55 years for rental units. The affordability covenants/agreement shall be in a form acceptable to the City Attorney.
G. Senior Citizen Housing Locational Criteria . A request for Conditional Use Permit approval of a senior citizen housing development shall be reviewed pursuant to the extent to which the senior citizen housing development substantially complies with each of the following locational criteria:
1. Transit Amenities. The site is within one -quarter mile of a transit station, rail station, commuter rail station or bus station, or bus stop with service at least every 30 minutes during the hours of 7:00 AM to 9:00 AM, and 4:00 PM to 6:00 PM.
2. Parks and Open Space . The site is within one -quarter mile of a public park (not including school grounds, unless there is a bona fide, formal joint use agreement between the City and the school district providing availability to the general public of the school grounds and/or facilities) or a community center, senior citizen center, or other facility offering daily services specifically designed for senior citizens, which is open to the general public.
3. Library. The project site is within one -quarter mile of a public library, or senior or community center, which contains a library.
4. Daily Shopping Opportunities. The project site is within one-quarter mile of a grocery store/supermarket where staples, fresh meat, and fresh produce are sold.
5. Medical Facilities. The project site is within one mile of a medical clinic or hospital (not merely a private doctor's office).
6. Pharmacy. The project site is within one mile of a pharmacy or supermarket containing an interior pharmacy.
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H. Senior Citizen Housing Development Amenities . A request for Conditional Use Permit approval of senior citizen housing development shall be reviewed pursuant to the extent to which the senior citizen housing development substantially complies with one or more of the following development amenities:
1. High speed internet service is provided in each unit (free of charge to the tenants) or within a group activity room within the senior citizen housing development.
2. The senior citizen housing development will provide a bona fide service coordinator available on the premises to assist with activities of daily living, or provision of counseling services, social event planning, and/or concierge service.
3. The Senior Citizen Housing Development will provide exercise facilities on the premises.
I. Senior Citizen Dwelling Unit Standards. Notwithstanding any other provision of this Section, the minimum floor area for each residential unit for senior citizen use shall be as follows:
1. Bachelor or studio-type dwelling units: Four hundred fifty (450) SF;
2. One-bedroom dwelling units: Five hundred fifty (550) SF; and
3. Two-bedroom dwelling units: Six hundred fifty (650) SF.
J. Senior Citizen Development Parking Standards. Notwithstanding any other provision of this Development Code, the number of parking spaces required to be provided for senior citizen housing developments may be as low as 0.25 spaces per rental dwelling unit and as high as 1.0 space per for -sale dwelling unit. The actual ratio shall be determined at the time of project approval for the use and shall be based upon a parking demand study to be prepared by a qualified traffic consultant or engineer. Ten percent of the parking spaces provided shall be designated as parking for the physically impaired ("handicapped parking spaces"). In determining the number of parking spaces required, the following factors, as well as any other relevant factors, shall be considered:
1. The number of employees required by the use, whether such employees will reside on the premises, and hours during which any nonresident employees will be employed;
2. The availability of public transportation;
3. Whether residents of the use will be eligible for government rent subsidies;
4. The degree to which on-site provision of services and facilities will affect the need of residents to leave the site; and
5. The proximity of facilities and services to the site. Where appropriate, employee parking on the site shall be separately identified and shall be available only to employees.
6. Other Development Standards. Except as provided by this Section, additional development standards for senior citizen housing developments shall be those applicable to residential uses in such underlying zoning districts.
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5.03.363: Short Term Rentals
A. Definitions. As used in this Section, the words or phrases listed below shall have the meanings thereafter specified:
1. Booking transaction. Any reservation or payment service provided by a person who facilitates a short -term rental, home sharing, or similar transaction between a prospective guest and a host.
2. Director. The finance director of the City of Ontario.
3. Dwelling unit. A structure or portion thereof which is used for human habitation.
4. Guest. A person who rents a short-term rental for a period of less than 30 days.
5. Group. A single guest or any number of guests who are occupying a short-term rental on a single rental agreement.
6. Host. A person engaged in providing short-term rental at their primary residence.
7. Hosted stay. Short-term rental activity whereby the host remains on the site of his or her primary residence throughout the duration of the guest 's stay, expect during daytime and/or work hours.
8. Hosting platform. A marketplace in whatever form or format which facilitates the short-term rental activity, through advertising, match -making, or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
9. Primary residence. The dwelling unit used as the permanent residence or usual place of return for housing by the host. A person may have only one primary residence.
10. Short-term rental. A dwelling unit, or any portion thereof, that is rented by the host to another party for a period of not more than 30 consecutive days in exchange for any form of monetary or non -monetary consideration, including trade, fee, swap or any other consideration in lieu of cash payment. Hosted stays, Un -hosted stays, and vacation rentals are types of short-term rental.
11. Transient occupancy tax or "TOT ". T he tax imposed on occupancies of 30 consecutive calendar days or less under Chapter 6 of Title 3 of the Ontario Municipal Code.
12. Un-hosted stay. A short-term rental activity whereby the host remains off the site of his or her primary residence-site for some or all of the duration of the guest's stay.
13. Vacation rental. A dwelling unit that is not a primary residence, and which is available for temporary lodging, for compensation or any form of consideration. The term "vacation rental" shall not include: single-room occupancy buildings, bed and breakfast inns, hotels, a dwelling u nit for which a tenant has a month- to-month rental agreement and the rental payments are made on a monthly basis, or corporate housing.
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(Rev. 03.18.202507.01.2025) Page 5.03-104 Ontario Development Code B. Permit required for authorized short -term rental. No person, either for themselves or any other person, shall cause, allow, conduct, permit, maintain, or facilitate short-term rental at any dwelling unit within the city without first obtaining a short -term rental permit pursuant to this chapter, and complying with all other applicable provisions of this code. A short-term rental permit shall only be issued to authorize hosted stays and un-hosted stays. Vacation rentals are prohibited.
C. Permit application. To apply for a short-term rental permit, a person seeking to become a host must file an application with the City, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the City and shall contain, at a minimum, the following:
1. The legal name, current address and telephone number of the applicant;
2. Address of the short -term rental property, and if applicable, location telephone number;
3. An index of all residents of the property with name and date of birth, juveniles may be listed by title and age only;
4. A diagram of the property indicating areas intended for use as short-term rental;
5. Documentation indicating the number of bedrooms within the dwelling unit, such as a record from the County Assessor's Office;
6. A parking plan indicating sufficient lawful parking on the property for all vehicles belonging to residents and one additional space for each bedroom of the house to be used for short-term rental;
7. Evidence that the applicant has applied for and is in the process of obtaining a business license pursuant to Chapter 1 of Title 3 of the Ontario Municipal Code;
8. A home occupation permit pursuant to Section 5.03.240 of the Ontario Development Code is not required;
9. Emergency contact information for 24-hour response within 30 minutes;
10. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;
11. Documentation establishing that the dwelling unit proposed to be used as a short- term rental is the host 's primary residence. Such documentation shall include at least two of the following and be in the name of the host: Motor vehicle registration, driver 's license, voter registration, or tax documents showing the residential unit as the residence of the host;
12. Two passport size photographs of the applicant; and
13. Any other information required by regulations promulgated pursuant to this chapter or deemed necessary by the director.
D. Application investigation and criteria for approval or denial or permit. Upon receipt of a completed application, the City, shall cause an investigation of the applicant and the application 287
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Ontario Development Code Page 5.03-105 (Rev. 03.18.202507.01.2025) as submitted. The investigation shall be completed in a timely manner as follows and the applicant shall be notified of the result in writing in a timely manner:
1. The applicant shall be required to pay the established fees for such service in addition to the permit fee.
2. Inspection of the property by city staff shall be scheduled within 30 days of application. Annual inspections will be required upon renewal of a short-term rental permit.
3. If, as a result of this investigation, the applicant is found to satisfy all of the requirements of Section 5.03.063.D., and no grounds for denial exist, the application shall be approved, and a short-term rental permit shall be issued to the applicant. The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the date of issuance and term of the permit, photograph of the permittee, and the signature of the Planning Director or his or her designee.
4. A short -term rental permit application may be denied for any of the following reasons:
a. Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail;
b. The applicant failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;
c. The applicant is delinquent in payment of any city or county taxes, fines, or penalties in relation to short-term rental;
d. The applicant has previously held a short -term rental permit which was revoked by the city during the year prior to the application;
e. The applicant has failed to pay any previous administrative fines, remediate any other violations, and/or complete any other alternative disposition associated with a previous violation of this chapter; or
f. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 5.03.363.1.
If the permit application is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.
E.
Permit expiration and renewal. A short-term rental permit shall be valid for 12 months from the date of issuance and shall expire and become null and void on the first anniversary date of its issuance. A
person may apply for a permit renewal on a form provided by the city prior to the expiration of his or her active short -term rental permit and upon successfully completing an inspection by city staff. The applicant shall be required to pay the administrative fee for the permit renewal fee in the amount established by city council resolution at the time the renewal application is filed. In addition, the applicant shall renew their business license. Failure of the applicant to submit a complete application prior to the expiration date of the existing short -term rental permit shall be a basis for denial of the renewal.
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(Rev. 03.18.202507.01.2025) Page 5.03-106 Ontario Development Code F. Permit revocation. Two (2) violations of any provision of this chapter or this code within one year by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative, with respect to any one residential dwelling shall result in an immediate suspension of the short -term vacation rental permit. A revocation under this section may be appealed in accordance with the procedure set forth in Section 5.03.363(G), below.
G. Appeals.
Any person whose short -term rental permit is denied or revoked may file an appeal of the decision in writing with the city clerk within 15 days following the date of the director's decision stating the grounds for said appeal. The appellant shall pay a non - refundable fee in an amount established by resolution of the city council for such appeal.
The city clerk shall schedule an appeal hearing with the city manager or his or her des ignee within 15 days of an appeal being filed. The decision of the c ity manager or the designee shall be final.
H.
Permits nontransferable. A short-term rental permit granted pursuant to this chapter shall not be transferable to another person, parcel number, or to another property owner.
Said permit shall not run with the land or property to which it applies.
I. Operating requirements.
Short-term rental hosts shall comply with the following requirements:
1. The host shall be:
a. The property owner or the spouse, parent, or adult child of the property owner.
b. A tenant of the property who has occupied the property as his or her primary residence prior to making application for a short -term rental permit and who has submitted written authorization from the property owner to operate short- term rental at the residence.
2. The dwelling unit shall be the primary residence of the host.
3. The dwelling unit must be located within the following zones: AR -2, RE-2, RE-4, LDR- 5, MDR-11, MDR-18, MDR-25, HDR-45, LUA-3, MU-2, MU-1, MU-3, MU-6, MU-8B, MU-8C, MU-8D and MU-8E, including residential and mixed -use zoning districts within specific plan and planned unit development areas. Dwelling units are not permitted to be used as short-term rentals in any other zones.
4. All advertising for the dwelling unit as a short -term rental that is displayed on a hosting platform or other media shall display the number of the current and valid permit as issued by the city, a street -view photo of the front of the house and the maximu m number of guests based on the occupancy limit set forth in subsection 1.5.
5. The dwelling unit's occupancy, including the host, other residents of the dwelling unit, and guests, during a short-term rental shall not exceed two times the number of bedrooms of the dwelling unit.
6. The short-term rental permit shall be conspicuously displayed in each area of the dwelling unit available for occupancy.
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7. Any accessory dwelling unit subject to a covenant that specifically prohibits rentals of 30 days or less may not be used as a short-term rental.
8. A single dwelling unit shall be limited to two groups of any number concurrently or two concurrent booking transactions.
9. The short-term rental shall comply with all applicable provisions of this Code and State law.
10. Conditions that cause a public nuisance, as defined by this code or state law, are prohibited at the dwelling unit during a short-term rental.
11. Un-hosted stays shall be limited to a total of 90 days within a calendar year at the same dwelling unit. Hosted stays shall not be limited.
12. Excessive traffic to and from the short-term rental that significantly impairs the quiet enjoyment of neighboring properties is prohibited.
13. Excessive noise that significantly impairs the quiet enjoyment of neighboring properties is prohibited. The amplification of sound by any device outside the short -term rental is prohibited. Quiet hours during which noise must be restricted to the interior of the short-term rental shall be between 10:00 p.m. and 7:00 a.m. the following morning.
14. The obstruction of any public right -of-way, road, street, highway, or private road by occupants of the unit is prohibited.
15. No event, including a conference, wedding, fundraiser, or similar gathering, or any commercial event, may be held at a short-term rental.
16. The permittee shall install at least one public -facing camera at or near the front entrance of the home that enables the host or manager to remotely monitor the number of individuals entering the home and activity in the front yard. The permittee shall install at least one public-facing camera over the garage of the home that enables the host or manager to remotely monitor the activity in the front driveway and street in front of the residence. The permittee shall maintain video recordings from both required cameras for a minimum of 30 days.
17. A permittee shall, for a period of at least one year after the date of each stay, keep written rental records that document the following information:
a. All dates on which the permittee rented the short-term rental to one or more guests;
b. The name and contact information for each renter; and
c. The license plate(s) of vehicles associated with the renter stored at or near the short-term rental during their stay.
18. Short-term rentals, within those neighborhood communities with established Homeowner Associations (HOAs), shall comply with any HOA Short -Term Rental provisions and/or regulations.
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19. Off-street parking spaces shall be provided on the property sufficient for all vehicles associated with the short -term rental property or its occupants in accordance with the Ontario Development Code Section 6.03.015. Parking is allowed only in designated driveways and garages. The maximum number of vehicles at a Short -Term rental property at any time is equivalent to the minimum number of parking spaces required for that property.
J. Hosting platform requirements.
1. Hosting platforms shall be responsible for collecting all applicable TOTs and remitting the same to the city. TOT remittance is due monthly, in accordance with Chapter 6 of Title 3 of the Ontario Municipal Code. The hosting platform shall be considered a managing agent of the host for purpose of TOT collections and remittance responsibilities as set forth in Chapter 6 of Title 3 of the Ontario Municipal Code.
2. Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each short -term rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.
3. Hosting platforms shall require hosts to include the city -issued registration number in their listing(s), in a format designated by the city. Upon notice from the city that a listing is non - compliant, hosting platforms shall cease any short -term rental boo king transactions for said listing(s) within five business days. A hosting platform shall not complete any booking transaction for a residential property or unit subject to a city notice until notified by the city that the residential property or unit is in compliance with the local registration requirement.
4. Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a vacation rental or unregistered short -term rental, including, but not limited to, insurance , concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the dwelling unit.
5. A hosting platform operating exclusively on the internet, which operates in compliance with subsections 1., 2., 3., and 4. above, shall be presumed to be in compliance with this chapter.
6. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s).
K. Enforcement and penalties.
1. Operating a short-term rental without a valid short-term rental permit and business license is prohibited. Advertising shall be considered prima facie evidence of operation.
Additional evidence of operation may include, but shall not be limited to, guest testimony, online reviews, rental agreements, receipts, or any other information deemed relevant by the city.
2. A violation of this chapter shall constitute a public nuisance, which may be abated by any means provided by law, including, but not limited to, injunctive relief, issuance of administrative fines pursuant to Chapter 2 of Title 1 of the Ontario Municipal C ode, and shall also constitute a misdemeanor punishable pursuant to Chapter 2 of Title. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, 291
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Ontario Development Code Page 5.03-109 (Rev. 03.18.202507.01.2025) owner, owner's authorized agent or representative, or hosting platform of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing a citation upon the occurrence of the same offense on a separate day.
3. An administrative citation may impose a civil penalty for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code. A civil penalty issued in accordance with this code shall be in the amount of one thousand dollars ($1,000.00) for the first violation, two thousand dollars ($2,000.00) for the second violation, and three thousand dollars ($3,000.00) for the third and all subsequent violations.
4. Each and every day, or portion thereof, a violation of this chapter exists shall constitute a separate and distinct violation.
5. The remedies provided herein are intended to be cumulative and may be used in lieu of or in addition to any other remedy provided by this chapter or other law."
5.03.365: Single-Family Dwellings
Within the MDR-25 and HDR-45 zoning districts, single-family dwellings shall only be allowed:
A. On legally established lots having a gross area that is less than the minimum required by the base zoning district pursuant to Table 6.01 -3 (Multiple -Family Residential Development Standards); and
B. On legally established lots having a gross area that results in a density calculation of less than the allowed density range for the base zoning district pursuant to Table 6.01-3 (Multiple-Family Residential Development Standards) of this Development Code.
5.03.370: Single Room Occupancy (SRO) Facilities
The following standards shall govern the establishment and operation of SRO facilities:
A. A minimum of one full common kitchen shall be provided on each floor (story) if full kitchens are not provided within each unit. For the purposes of this provision, a full kitchen shall include a range or stove and oven, sink, and refrigerator.
B. If complete bathrooms are not provided in each unit, shared showers shall be provided at a ratio of one shower for each 8 residents, or fraction thereof, on the same floor. Lockers shall be provided for use of the residents.
C. An SRO facility shall not be located within 500 FT, as measured in a straight line from any point along the outer boundaries of the property , of containing the use, of any public or private school for children under the age of 18, church, child daycare center, family child daycare facility, or any existing SRO facility.
D. A comprehensive management plan shall be submitted with applications for conditional use permits. The plan shall include including the company or agency responsible for resident selection, day -to-day maintenance of the facility, proposed security arrangements and background information and references for the proposed management company or agency. 292
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5.03.375: Soap, Cleaning Compound, and Toilet Preparation Manufacturing
Within the IP zoning district, the development of new soap, cleaning compound, and toilet preparation manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single - tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.380: Sound (Audio) Recording Facilities
Within the OL, OH and IH zoning districts, sound (audio) recording facilities shall only be allowed in conjunction with a permitted or conditionally permitted land use. Standalone sound recording facilities within these zoning districts shall be prohibited.
5.03.385: Spring and Wire Product Manufacturing
Within the IP zoning district, the development of new spring and wire product manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.
5.03.390: Tattooing, Body Piercing, Branding, and the Application of Permanent Cosmetics
The below-listed standards shall govern the establishment and operation of body art services in the City. For the purposes of this section, " body art services" shall mean tattooing, body piercing, branding, or the application of permanent cosmetics, excepting the piercing of an ear with a disposable, single-use, presterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
A. Every person and every business engaged in body art and/or permanent cosmetics services shall comply with all applicable provisions of the Safe Body Art Act (HSC Section 119300 et seq.).
B. Every person and every business engaged in body art and/or permanent cosmetics services shall obtain a health permit from the San Bernardino County Division of Environmental Health Services prior to commencement of the business activity.
C. A person proposing to construct, remodel, or revise a body art and/or permanent cosmetics facility shall first submit plans to the Ontario Planning Department and the San Bernardino County Division of Environmental Health Services for review and approval, prior to construction.
D. A body art services business located in the MU-1 (Downtown Mixed Use) zoning district shall not be located within 0.25 -mile, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, to any other body art services business. Refer to Figure 5.01- 2: MU -1 (Downtown Mixed Use) Zoning District Land Use Map for locations.
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5.03.395: Temporary and Interim Land Uses, Buildings, and Structures
The following temporary and interim land uses shall be allowed upon the issuance of an Administrative Use Permit by the City pursuant to Section 4.03.015 (Administrative Use Permit) of this Development Code:
A. Interim Farming Activities on Vacant or Underdeveloped Lands. Farming activities may be established and operated as an interim use on vacant or underdeveloped lands pursuant to the requirements of Subsection 5.03.405.F (Urban Farms) of this Division.
B. Model Homes. The following standards shall govern the design and establishment of model homes:
1. Access shall meet the requirements of the Americans with Disabilities Act.
2. Any "trap" fencing shall be located on private property.
3. Any garage used as a sales office shall be converted back to a garage prior to dwelling occupancy.
4. A model complex consisting of 3 or more model homes shall develop and improve a separate lot to accommodate off -street parking, which shall be provided pursuant to Division
6.03 (Off-Street Parking and Loading) of this Development Code.
5. Subdivisions of 8 or more dwellings having at least one model home that is landscaped, shall demonstrate by installed landscape and irrigation, the principles of water - efficient landscaping and irrigation.
6. The developer of model homes constructed prior to the recordation of a final map for the subdivision containing the model homes, shall enter into a model home agreement with the City, in a form satisfactory to the City Attorney, to ensure that the model homes will not be sold prior to recordation of the final map, and that the model homes will be demolished and removed should the final map not record within a period acceptable to the City.
7. The project proponent shall remove the model homes and their appurtenances from the affected property within 30 days following the expiration of the Administrative Use Permit.
8. In approving a model home facility, the Reviewing Authority may require the installation of certain minimum improvements, such as paved parking, lighting and landscaping, and other improvements necessary to ensure and protect the public health, safety, and welfare.
9. To ensure removal of model homes and their appurtenances within the required period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in t he amount of $10,000. The performance guarantee may be utilized by the City to pay any fees and costs incurred by the City, which is associated with the enforcement of Paragraphs A.1 through 8, above, and any conditions of Administrative Use Permit approval imposed by the Reviewing Authority.
C. Street Fairs. Street fairs may be allowed within any commercial or mixed-use zoning district.
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(Rev. 03.18.202507.01.2025) Page 5.03-112 Ontario Development Code D. Temporary Alcoholic Beverage Sales. Temporary alcoholic beverage sales for consumption on the premises may be allowed within nonresidential zoning districts in conjunction with a temporary activity, display, or event for which an Administrative Use Permit is granted pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code.
E. Temporary Buildings and Structures. Temporary buildings and structures, including but not limited to trailers and prefabricated ( "modular") buildings, and appurtenances thereto, may be allowed within any residential, commercial, mixed -use, industrial, specialized use, or overlay zoning district, subject to the following:
1. The Planning Director may approve temporary buildings and structures for an initial 2-year period, which shall be granted pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code. The time in which the approval expires may be extended by the Reviewing Authority for a maximum of 2 one-year periods.
2. Temporary buildings and structures requested for periods in excess of the maximum 4 years allowed pursuant to Paragraph E.1, above, may be allowed for periods not to exceed a total of 10 years, subject to Conditional Use Permit approval, granted pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code.
3. In approving temporary buildings and structures, the Reviewing Authority may require the installation of certain minimum improvements, such as paved parking, lighting and landscaping, and other improvements necessary to ensure and protect the public health, safety, and/or welfare.
4. The project proponent shall remove the temporary building(s) or structure(s), and any appurtenances thereto, from the affected property within 30 days following the expiration of project approval.
5. To ensure removal of a temporary building or structure, and all appurtenances thereto, within the required period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,000. The performance guarantee may be utilized by the City to pay any fees and costs incurred by the City, which is associated with the enforcement Paragraphs F.1 and F.3, above, and any conditions of Administrative Use Permit or Conditional Use Permit approval, as applicable, imposed by the Reviewing Authority.
F. Temporary Facilities. Temporary facilities, such as parking lots for interim use, may be allowed within any residential, commercial, mixed -use, industrial, specialized use, or overlay zoning district, subject to the following:
1. The Planning Director may approve temporary facilities for an initial 2 -year period, which shall be granted pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code. The time in which the approval expires may be extended by the Planning Director a maximum of 2 one-year periods.
2. Temporary facilities requested for periods in excess of the maximum 4 years allowed pursuant to Paragraph E.1, above, may be allowed for periods not to exceed a total of 10 years, subject to Conditional Use Permit approval, granted pursuant to Section 4.02 .015 (Conditional Use Permits) of this Development Code.
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3. In approving a temporary facility, the Reviewing Authority may require the installation of certain minimum improvements, such as paved parking, lighting and landscaping, and other improvements necessary to ensure and protect the public health, safety, and/ or welfare.
4. The project proponent shall remove the temporary facility and all appurtenances thereto from the affected property within 30 days following the expiration of the Administrative Use Permit.
5. To ensure removal of a temporary facility and all appurtenances thereto within the required period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,000. The performance guarantee may be utilized by the City to pay fees and costs incurred by the City, associated with the enforcement of Paragraphs E.1 and E.3, above, and any conditions of Administrative Use Permit or Conditional Use Permit approval, as applicable, imposed by the Reviewing Authority.
G. Temporary Outdoor Activities, Displays, Events, and Sales. Temporary outdoor sales, displays, and activities may be allowed within any commercial, mixed -use, industrial, or specialized use zoning district, and within residential zoning districts in conjunction with a legally established religious assembly land use, subject to the approval of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permit) of this Development Code, and are further classified as follows:
1. Retail Sales Events and Other Similar Business Events. Retail sales events and other similar business events, including but not limited to special outdoor sales, sidewalk sales, and parking lot sales, are subject to the following:
a. A retail sales event or other similar business event shall only be allowed in conjunction with a legally established business that has been operated for a period of at least 180 days prior to the retail sales event or other similar business event.
b. Retail sales events and other similar business events shall be limited to 12, one-week periods per calendar year, per business location. The one -week periods may be used consecutively, with a mandatory down time of one week between each 6-week period.
c. The outdoor display of merchandise shall be restricted to an area directly adjacent to the business ' exterior storefront; however, in the case of shopping centers, when it is not practical for the outdoor display area to be located directly adjacent to the business front, the sale area shall be located in an area as close as practically possible, to the business ' exterior storefront.
d. The display of merchandise shall not impede pedestrian or vehicular circulation.
e. All merchandise, materials, signs, and debris shall be removed from the outdoor area by 9:00 AM following the last day of the retail sales event.
2. Holiday Retail Sales. Holiday retail sales include Christmas tree and pumpkin sales, and shall be limited to 30 days duration, 2 times per calendar year, for each business location.
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3. Shows and Exhibits. Religious, historic, patriotic, or other similar outdoor displays may be permitted within a yard, parking lot or landscaped area, by or for the benefit of nonprofit organizations, subject to the following:
a. Shows and exhibits shall be limited to 30 days duration within any 90 -day period.
b. The show or exhibit shall not impede pedestrian or vehicular traffic.
c. Shows and exhibits shall not be conducted within 1,000 FT of any residential land use, as measured in a straight line from any point along the outer boundaries of the property containing the show or exhibit. This separation requirement may be reduced by th e Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
d. All equipment, materials, signs, and debris shall be removed from the outdoor area by 9:00 AM following the last day of the display.
4. Amusement and/or Sporting Events. Bazaars, circuses, carnivals, rodeos, pony rides and other similar temporary amusement and/or sporting events may be permitted, subject to the following:
a. Events shall be limited to 2 periods of 7 days duration per calendar year, for each event location. The 2 event periods may be used consecutively.
b. Events shall not be conducted within 1,000 FT of any residential zoning district, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the event. This separation requirement may be reduced by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
c. All equipment, materials, signs, and debris shall be removed from the event location by 9:00 AM following the last day of the event.
5. Tent Revivals. Tent revivals and other similar temporary events involving the large assemblage of people and/or equipment within a temporary structure or in the open air, may be permitted, subject to the following:
a. Tent revivals shall be limited to 2 periods of 7 days duration per calendar year, for each event location. The 2 event periods may be used consecutively.
b. Tent revivals shall not be conducted within 1,000 FT of any residential land use, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the tent revival. This separation requirement may be reduce d by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
c. All equipment, materials, signs, and debris shall be removed from the event location by 9:00 AM following the last day of the event.
6. Charitable and Fund Raising Events . Fund raising events for charitable organizations and other non -profit organizations, such as churches, schools, clubs, and other 297
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a. Charitable and fund raising events shall be limited to 12 events per calendar year per location, not to exceed one event per month. Events shall be limited to a maximum of 4 days duration.
b. Charitable and fund raising events shall be restricted to an area directly adjacent to the host business' exterior; however, when it is impractical for the event to be located directly adjacent to the host business, such as in the case of a commercial shopping center, the event shall be located in an area as close as practically possible to the host business ' exterior.
c. Charitable and fund raising events shall not impede pedestrian or vehicular circulation.
d. All equipment, materials, signs, and debris shall be removed from the event location by 9:00 AM following the last day of the event.
H. Temporary Produce Stands. Temporary produce stands may be established and operated pursuant to the requirements of 5.03.410.E.2.d ( Community Garden On -Site Produce Sales) and
5.03.410.F.d.2 (Urban Farm On-Site Produce Sales) of this Division.
I. Temporary Real Estate Sales, Lease and Rental Offices. Temporary real estate sales, lease, and rental offices may be allowed within any residential, commercial, mixed -use, industrial, specialized use, or overlay zoning district, subject to the following:
1. A temporary real estate sales, lease, or rental office shall be located a minimum of 200 FT from any existing dwelling outside of the subdivision or development project.
2. A temporary real estate sales, lease, or rental office may be established within a model dwelling, or within a temporary structure specifically designed for the use and approved pursuant to Subsection E (Temporary Office Structures) of this Section.
3. A certificate of occupancy for a temporary real estate sales, lease, or rental office shall not be issued until after a subdivision has been recorded with the San Bernardino County Recorder, or a building permit has been issued for a multiple-family development project.
4. Temporary real estate sales, lease, or rental offices shall be removed from the site within 30 days following the sale, lease, or rental of the last dwelling unit.
5. Comply with all provisions of Division 8.1 (Sign Regulations) pertaining to temporary real estate sales, lease, and rental signs.
J. Temporary Wireless Telecommunications Facilities. Temporary wireless telecommunications facilities may be allowed to fulfill short -term wireless capacity and/or coverage needs of the community, resulting from special activities or events for which a Temporary Use Permit has been approved, or to serve are as experiencing short-term population increases which the existing wireless telecommunications system cannot adequately support, such as seasonal retail sales, and other City-supported activities/events.
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1. The Planning Director may approve short -term temporary wireless telecommunications facility pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code. Should the City determine that a temporary wireless telecommunications facility is needed to fulfill the short-term wireless capacity and coverage needs of the community, an application for the short-term temporary wireless telecommunications facility, and applicable processing fees, shall be submitted for review and approval by the City. Furthermore, the following shall be imposed as a condition of application approval:
a. The short-term temporary wireless telecommunications facility may remain in place for a period of 90 days from date of installation. The time in which the approval expires may be extended for a maximum of 2 periods of 90 days duration, each, for a total of 270 days.
b. Engineered plans and drawings (if required) to erect the temporary wireless telecommunications facility are to be submitted to the Building and Planning Departments for review and approval. All applicable building permits shall be required.
c. If a generator is to be provided to operate or provide backup power to the temporary wireless telecommunications facility, all applicable requirements of OMC Chapter 29 (Noise) of Title 5 (Public Welfare, Morals and Conduct) shall be complied with.
d. An agreement with the City and the posting of a $10,000 bond shall be required for any short -term temporary wireless telecommunications facility. The agreement shall state the applicant's concurrence with the temporary nature of the permit and the acceptance of the conditions of approval. The bond shall secure the applicant 's obligations to immediately remove approved facility upon expiration of the use permit. (Note: The bond requirement may be waived by the Development Agency Director.)
K. Temporary Truck Parking Facilities . Temporary truck parking facilities for interim use, may be allowed within t he IND (Industrial), BP (Business Park ), and GC (General Commercial ) Policy Plan land use designations, and the AG (Agricultural) zoning district, subject to the following:
1. Temporary truck parking facilities may be allowed in the general area south of Schaefer Avenue, north of Merrill Avenue, east of Euclid Avenue, and west of the Cucamonga Creek Flood Control Channel.
2. Temporary truck parking facilities shall only be allowed on owner occupied parcels.
3. The Planning Director may approve temporary truck parking facilities for an initial 2-year period, which shall be granted pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code. The time in which the approval expires may be extended by the Planning Director a maximum of 2 one-year periods.
4. Temporary truck parking facilities requested for periods in excess of the maximum 4 years allowed pursuant to Paragraph K.3, above, may be allowed for periods not to exceed a total of 10 years, subject to Conditional Use Permit approval, granted pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code.
5. In approving a temporary truck parking facility, the Reviewing Authority may require the installation of certain minimum improvements, such as paved parking, lighting and landscaping, and other improvements necessary to ensure and protect the public health, safety, and/or welfare.
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6. The project proponent shall remove the temporary truck parking facility and all appurtenances thereto from the affected property within 30 days following the expiration of the Administrative Use Permit.
7. To ensure removal of a temporary truck parking facility and all appurtenances thereto within the required period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,0 00. The performance guarantee may be utilized by the City to pay fees and costs incurred by the City, associated with the enforcement of Paragraphs K.3 and K.5, above, and any conditions of Administrative Use Permit or Conditional Use Permit approval, as applicable, imposed by the Reviewing Authority.
5.03.400: Thrift and Secondhand Stores, and Used Goods Stores
The on-site collection of salvageable personal property in conjunction with thrift and secondhand stores, and used goods stores, shall be prohibited, except as allowed by Section 5.03.320 (Personal Property Collection Bins) of this Division.
5.03.403: Single-Family Two-Unit Projects
A. Purpose. The purpose of this Section is to allow and appropriately regulate Single -Family Two-Unit Projects pursuant to GC Section 65852.21.
B. Definition. A "Single-Family Two-Unit Project " means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot pursuant to the requirements of this Section.
C. Application.
1. Only individual property owners may apply for a Two -Unit Project. " Individual property owner" means a natural person holding fee title individually or jointly in the person 's own name or a beneficiary of a trust that holds fee title. " Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
2. An application for a Two-Unit Project shall be submitted on a City application form.
3. The applicant shall obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days following application submittal.
5. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Development Code, pursuant to applicable law. The City council may establish and change the fee by resolution. The fee shall be paid with the application.
D. Approval.
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1. An application for a Two -Unit Project is approved or denied ministerially, by the Planning Director, without discretionary review.
2. The ministerial approval of a Two-Unit Project does not take effect until the City has confirmed that all required documents have been recorded, such as the deed restriction and easements.
3. The approval shall require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
4. The approval shall require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys ' fees and costs associated with enforcing the requirements of this Development Code.
E. Requirements. A Two-Unit Project shall satisfy all of the following requirements:
1. Subdivision Map Act (SMA) Compliance. The lot shall have been legally subdivided.
2. Zoning District. The lot is in a single-family residential zoning district. For the purpose of this Section, the term "single-family residential zoning district" shall mean the LRD-5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.
3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or
(2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
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i. Habitat for protected species.
j. Land under conservation easement.
4. Not Historic. The lot shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark, or as a historic prope rty or district.
5. No Impact on Protected Housing. The Two- Unit Project shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income -restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
6. Unit Standards.
a. Quantity.
(1) No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to Section 5.03.403 (Two-Unit Projects) of this Development Code, or an ADU or JADU created pursuant to State law and Section 5.03.010 (Accessory Dwelling Unit) of this Development Code.
(2) A lot that is not created by an Urban Lot Split may have a Two -Unit Project as provided by this Section, plus any ADU or JADU that shall be allowed pursuant to State law and Section 5.03.010 (Accessory Dwelling Unit) of this Development Code.
b. Unit Size.
(1) The total floor area of each primary dwelling that is developed under this Section shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
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(Rev. 03.18.202507.01.2025) Page 5.03-120 Ontario Development Code (2) A primary dwelling that was legally established on the lot prior to the Two-Unit Project and is larger than 800 SF is limited to the lawful floor area at the time of the Two - Unit Project. The unit may not be expanded.
(3) A primary dwelling that was legally established prior to the Two-Unit Project and is smaller than 800 SF may be expanded to 800 SF after or as part of the Two -Unit Project.
c. Height Restrictions.
(1) On a lot that is larger than 2,000 SF, no new primary dwelling unit may exceed one-story or 16 FT in height, measured from grade to peak of the structure.
(2) On a lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two -stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a Two-Unit Project.
d. Demo Cap. The Two -Unit Project shall not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last 3 years.
e. Lot Coverage. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each , as required by the underlying zoning district.
f. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.6.f above:
(a) Existing Structures . No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(b) Cannot Preclude Construction of Two 800 -SF Units and 4 -FT Side/Rear Setbacks . The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this code, dwellings that are constructed under this Section shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and 303
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(b) Allow for vehicular and fire -safety access to the front structure.
g. Parking. Each new primary dwelling unit shall have at least one off -street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one-half mile walking distance of either:
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours, or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail transit service, or
(iii) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(2) The site is located within one block of a permanently established car-share vehicle pickup/drop-off location.
h. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Two- Unit Project, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Two -Unit Project, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights.
(4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(5) If any portion of a dwelling is less than 30 FT from a property line that is not a public street right -of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 FT above the fin ished floor, or (for windows and doors) utilize frosted or obscure glass.
i. Walls, Fences, and Obstructions.
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(1) A lot comprising a Two-Unit Project shall be provided with 6 -FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Chapter 6.0 (Development and Subdivision Regulations), (Division 6.02 (Walls, Fences, and Obstructions) of this Development Code.
j. Landscaping. A lot comprising a Two-Unit Project shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Chapter
6.0 (Development and Subdivision Regulations), Division 6.05 (Landscaping) of this Development Code.
k. Nonconforming Conditions. A Two-Unit Project shall be approved only if all nonconforming zoning conditions are corrected.
l. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider.
(2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
m. Building & Safety. All structures built on a lot comprising a Two -Unit Project shall comply with all current local building standards. A project under this Section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.
7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
a. It shall have direct access to a public street right-of-way with a paved street with a width of at least 40 FT. The public street right -of-way shall have at least two independent points of access for fire and life safety to access and for residents to evac uate.
b. All dwellings on the site shall comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
c. All enclosed structures on the site shall have fire sprinklers.
d. All sides of all dwellings on the site shall be within a 150-FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
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Ontario Development Code Page 5.03-123 (Rev. 03.18.202507.01.2025) e. If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority approved hookups compatible with fire - authority standard pump and hose equipment.
8. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are prohibited.
c. All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners.
9. Regulation of Uses.
a. Residential-Only. No non-residential use is permitted on the lot.
b. No Short Term Rentals. No dwelling unit on a lot comprising a Two -Unit Project shall be rented for a period of less than 30 days.
c. Owner Occupancy . Unless the lot comprising a Two -Unit Project was formed by an Urban Lot Split, the individual property owners of a lot with a Two -Unit Project shall occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.
10. Notice of Construction.
a. At least 30 business days before starting any construction of a Two -Unit Project, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction,
(3) The hours of construction,
(4) Contact information for the project manager (for construction - related complaints), and
(5) Contact information for the Building & Safety Department.
b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this Section.
This notice requirement is purely to promote neighborhood awareness and expectation.
11. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
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b. Expressly prohibits any non-residential use of the lot.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an Urban Lot Split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
e. States that the property is formed by an Urban Lot Split and is therefore subject to the City's Urban Lot Split regulations, including all applicable limits on dwelling size and development.
F. Specific Adverse Impacts.
1. Notwithstanding anything else in this Section, the City may deny an application for a Two-Unit Project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact " on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. The term " specific adverse impact " has the same meaning as in GC Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete " and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
G. Remedies. If a Two -Unit Project violates any part of this Development Code or any other legal requirement:
1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
2. The City may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
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f. Pursue all other administrative, legal, or equitable remedies that are allowed by law, this Development Code, or the City's Municipal Code.
5.03.405: Temporary Shelters and Supportive Housing
The following standards shall govern the establishment and operation of Supportive Housing for the homeless families, persons with disabilities and homeless youth, and Temporary Shelters, including Emergency Shelters, Low Barrier Navigation Centers, Transitional Housing, and Transitional Living Centers.
A. General Requirements.
1. No portion of any Temporary Shelter or Supportive Housing facility shall be located within 300 FT of another such facility that is constructed, or that is approved for construction.
2. Temporary Shelters and Supportive Housing facilities shall observe State and Federal Fair Housing regulations and standards.
3. No more than one Federal, State, or Youth Authority parolee shall be allowed to live in a Temporary Shelter or Supportive Housing facility.
4. An application submitted for approval of a Temporary Shelter or Supportive Housing facility shall identify whether any boarders are currently Federal, State, or Youth Authority parolees. Owners and/or operators of Temporary Shelters and Supportive Housing facilities shall update the information required by this Section anytime a person that is a Federal, State, or Youth Authority parolee is provided accommodations at the facility.
5. All Temporary Shelters and Supportive Housing facilities shall require boarders to sign a Crime Free Lease Addendum as part of their lease or rental agreement (as applicable), which provides that any criminal violations perpetrated by boarders shall be grounds for termination of the written or oral lease, sublease, or agreement under which they reside at the temporary/transitional shelter or housing.
6. Temporary Shelters and Supportive Housing facilities shall be operated in full compliance with all applicable requirements of this Development Code. Violation of any local, State, or Federal laws by individual boarders while on the premises shall be grounds for Conditional Use Permit (if applicable) and/or business license revocation, including but not limited to, violations of PC Section 3003.5.
7. No Temporary Shelter or Supportive Housing facility shall be maintained as a nuisance. The conduct of any Temporary Shelter or Supportive Housing facility within the City, in violation of any of the terms of this Article or other applicable provisions of this Development Code found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such Temporary Shelter or Supportive Housing facility , and restrain and enjoin any person from conducting, operating or maintaining a Temporary Shelter or Supportive Housing facility contrary to the provisions of this Article or Development Code. 308
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8. Any owner, operator, manager, employee or independent contractor of a Temporary Shelter or Supportive Housing facility violating or permitting, counseling, or assisting the violation of any of the provisions of this Article or applicable provisions of this Development Code regulating Temporary Shelters and Supportive Housing facilities shall be subject to any and all civil and criminal penalties pursuant to OMC Title 1, Chapter 2 (Penalty Provisions), and/or administrative citations pursuant to OMC Title 1, Chapter 5 (Administrative Citations). All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
9. For those Temporary Shelters and Supportive Housing facilities that require Conditional Use Permit approval pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, violation of any of provision of this Section, or the Conditional Use Permit authorizing the Temporary Shelter or Supportive Housing facility, shall be grounds for revocation of the Conditional Use Permit pursuant to the provisions of Division 2.05 (City Initiated Modification or Revocation) of this Development Code.
10. Temporary Shelters and Supportive Housing facilities shall be prohibited within ALUCP safety zones.
11. Temporary Shelters and Supportive Housing facilities shall be in compliance with all requirements of this Development Code at all times, as well as any applicable provisions of the Ontario Municipal Code, including obtaining any other permits or licenses, such as building permits or a business license, required before establishing, expanding or maintaining the use.
B. Emergency Shelters. When allowed by Table 5.02-1 (Land Use Matrix) of this Development Code, Emergency Shelters shall be subject to the following standards:
1. The maximum length of stay for an Emergency Shelter client shall be 6 months.
2. On-site management shall be provided during the hours that the Emergency Shelter is in operation.
3. On-site security shall be provided during the hours that the Emergency Shelter is in operation.
4. No more than 20 client/tenant beds shall be allowed within any privately operated Emergency Shelter.
4.5. A p ublicly operated Emergency Shelter shall be permitted a maximum of 50 client/tenant beds, any increase in client/tenant beds is subject to Planning Director review and approval.
5.6. An intake waiting area equal to a minimum of 10 SF for each client/tenant bed shall be provided.
6.7. The exterior of the intake waiting areas shall be screened from public view by a 6- FT high decorative masonry block wall and appropriate landscaping.
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7.8. A storage area for use by clients/tenants shall be provided at a rate of 7 SF for each client/tenant bed. A storage area is not required to be provided adjacent to the respective client/tenant bed.
9. An emergency shelter shall provide lavatory, toilet, and shower facilities adequate for the number of clients/tenants served; however, a minimum of one such facility shall be provided for each 15 client/tenant beds.
8.10. An emergency shelter shall not be required to provide more than 1.0 parking space per employee, or the required parking for other residential or commercial land uses within the same zoning district as it is located, whichever is less.
5.03.410: Urban Agriculture
A. Purpose. The purpose of these urban agriculture regulations is to create a more sustainable and secure local food system by increasing opportunities to grow and sell food within all zoning districts of the City.
B. Applicability. The urban agriculture regulations established by this Section govern the establishment and operation of agricultural activities and facilities within all zoning districts of the City. The regulations established by this Section recognize 5 different urban agricultural activities, including Animal Keeping and Production; Commercial Crop Production and Farming; Community Gardens; Urban Farms; and On-Site Produce Sales Stands.
C. Animal Keeping and Production.
1. Residential Animal Keeping.
a. Allowed Activities/Facilities. Residential animal keeping shall be maintained only as an ancillary use to single-family dwellings, and shall be maintained only for noncommercial hobby or show purposes, or for the personal enrichment of City residents, as follows:
(1) Residential Zones. Residential animal keeping is permitted by right within the AR-2 and RE-2 zoning districts in conjunction with a single -family dwelling. Furthermore, the keeping of 4 or fewer household pets is permitted by right within all residential and mixed -use zoning districts, and within the AG and MHP zoning districts, in conjunction with a single -family or multiple-family dwelling.
(2) Commercial Zones. Residential animal keeping is prohibited within all commercial zoning districts.
(3) Mixed-Use Zones. Residential animal keeping is limited to the keeping of household pets within all mixed-use zoning districts.
(4) Industrial Zones. Residential animal keeping is prohibited within all industrial zoning districts.
(5) Specialized Use Zones. Residential animal keeping is permitted by right within the AG zoning district. Furthermore, the keeping of 4 or fewer household pets is permitted within the MHP zoning district.
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(Rev. 03.18.202507.01.2025) Page 5.03-128 Ontario Development Code b. Land Use Standards. The following standards govern residential animal keeping activities and facilities:
(1) General Requirements.
(a) Animals At Large —It shall be unlawful for any person within the City having the care, charge, control, or possession of any animal, fowl or bird to permit it to be, remain, go, or run at large upon any public street, alley, or unenclosed lot or land in the City, except dogs on leashes, cats, racing homing pigeons during runs, an animal in a vehicle, or a horse mounted or led by a responsible person. Animals shall be secured by a fence or wall at least 5 FT in height when out of doors.
(b) Sanitation of Premises—
(i) Every person owning or occupying property within
the City upon which any animal, fowl, or bird is kept shall maintain the property and any stable, barn, stall, pen, coop, building, or place thereon in which animals are kept, in a clean and sanitary condition so as not to be detrimental to the public health.
(ii) Proper management of animal waste shall be
carried out pursuant to all requirements of the State Regional Water Quality Control Board or regulating agency.
(c) Proximity of Animals
(d) to Yards, Property Lines, Dwellings and Residential Accessory Structures—
(i) It shall be unlawful in residential zones of the City to keep any animal, except household pets, within 20 FT of any property line.
(ii) It shall be unlawful for any person to keep any
animal, other than household pets, within 50 FT (70 FT for swine) of any structure, other than that of the owner, which is used for human habitation, or for educational, health care, social assistance, religious assembly, food service, or governmental purposes, except as allowed by Subparagraph (iii), below.
(iii) It shall be unlawful for any person to keep any
hobby, show or game bird, fowl, or rabbit, other than a household pet, within 30 FT of any structure, other than that of the owner, which is used for human habitation, or for educational, health care, social assistance, religious assembly, food service, or governmental purposes.
(iv) No animal is to be stabled, kept, or maintained in any front or street-side yard area.
(e) Nonconforming Animal Keeping Activities . Animal keeping that becomes non-conforming by reason of new development on neighboring properties may be continued; provided, the nonconforming activity maintains compliance with the provisions of Division 3.01 (Nonconforming Lots, Land Uses and Structures) of the Ontario Development Code.
(f) Maximum Animal Keeping Densities. Table 5.03-6 (Maximum Animal Keeping Densities as an Accessory Use), below, establishes the maximum number of animals that may be maintained on a lot, provided the particular animal type is allowed pursuant 311
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Ontario Development Code Page 5.03-129 (Rev. 03.18.202507.01.2025) to Table 5.01 -1 (Land Use Matrix) of the Ontario Development Code. The maximum animal densities are based upon net lot area; however, any portion of a lot used to qualify one animal type shall not be used to qualify another animal type.
Table 5.03-5: Maximum Animal Keeping Densities as an Accessory Use Animal Type Maximum Animal Density
A. Birds One animal for each 1,000 SF of lot area, except that within the AR -2 zoning district, maximum animal density may be increased as determined by a Conditional Use
Permit
B. Cattle and Buffalo One animal for each 6,000 SF of lot area C. Exotic Pets As determined by Conditional Use Permit
D. Horses One animal for each 6,000 SF of lot area
E. Household Pets Pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, not to exceed 8 animals
F. Llamas, Alpacas, Burros, Donkeys, and Mules One animal for each 4,000 SF of lot area G. Ostriches, Emus, and Rheas One animal for each 6,000 SF of lot area H. Poultry and Fowl One animal for each 1,000 SF of lot area I. Rabbits and Chinchillas One animal for each 1,000 SF of lot area J. Swine One animal for each 20,000 SF of lot area, not to exceed 3 animals
K. Sheep, Goats (female only), and Similar Livestock One animal for each 3,600 SF of lot area
(2) Keeping of Exotic Pets. The keeping of exotic pets shall be allowed only in conjunction with, and accessory to, a single -family dwelling, subject to the following standards:
(a) The keeping of exotic animals shall require approval of a Conditional Use Permit pursuant to Section 4.02.025 (Conditional Use Permits) of the Ontario Development Code.
(b) The approval of a Conditional Use Permit for an exotic animal shall not be effective until the Reviewing Authority receives written evidence that the applicant has obtained a permit from the State Department of Fish and Game, if required.
(c) The keeping of an exotic animal shall comply with all applicable Federal and State laws and requirements.
(3) Keeping of a Potbellied Pig. The keeping of a potbellied pig as a household pet shall only be allowed in the AR- 2, RE -2, RE -4, and LDR -5 zoning districts, in conjunction with, and ancillary to, a traditional single -family dwelling, subject to the following standards:
(a) For the purposes of this Section, the term " potbellied pig " shall mean a domesticated miniature Vietnamese, Chinese, or Asian potbellied pig , not exceeding 90 pounds in weight and 18 inches in height (measured at the shoulder ) and characterized by a swayed back and straight tail.
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(Rev. 03.18.202507.01.2025) Page 5.03-130 Ontario Development Code (b) Potbellied pigs shall be provided with a fenced yard designed to assure confinement of the animal when kept outside. Yard areas shall be maintained in a clean, safe, and odor-free condition.
(c) There shall be no more than one potbellied pig permitted on a lot.
(d) Potbellied pigs shall be licensed in the same manner as dogs, subject to the same restrictions and penalties, pursuant to the provisions of OMC Title 6 (Sanitation and Health).
(e) The breeding of potbellied pigs shall not be permitted. All potbellied pigs shall be spayed or neutered.
(f) Prior to licensing of a potbellied pig, veterinary certification shall be required stating:
(i) The pig is spayed or neutered;
(ii) The pig is in good health and has received all
necessary vaccinations; and
(iii) The height and weight of the potbellied pig.
(g) All male potbellied pigs 2 years of age or older shall have their tusks removed.
(h) While outside the owner 's premises or property, potbellied pigs shall be restrained by a harness and leash, or other similar restraint, no more than 6 FT in length.
(4) Male Goats. It shall be unlawful to keep any male goat that is not neutered.
(5) Poisonous or Otherwise Dangerous Reptiles. It shall be unlawful to keep any poisonous or otherwise dangerous reptile, as determined by the Zoning Administrator.
(6) Crowing Fowl. It shall be unlawful for any person to keep any crowing rooster, peacock, guinea fowl, or any other fowl that by sound or cry shall unreasonably disturb the peace and quiet of a neighborhood.
2. Commercial Animal Production.
a. Allowed Activities/Facilities. Commercial animal production includes cattle ranching and farming; sheep and goat farming; aquaculture; apiculture, horse, and other equine production; fur-bearing animal production; kennels and catteries, alpaca, and llama production; aviaries; ostrich, emu and rhea production; and support activities for animal production.
Commercial animal production is allowed as a primary use of land, as follows:
(1) Residential Zones. Commercial animal production is prohibited within residential zoning districts, except that within the AR-2 zoning district, kennels and catteries having fewer than 8 animals shall be permitted as a Home Occupation pursuant to the requirements of the Section 5.03.240 of this Development Code. 313
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(2) Commercial Zones. Commercial animal production is prohibited within commercial zoning districts, except that kennels and catteries, for the purpose of boarding only, shall be allowed within the CC and CR zoning districts in conjunction with veterinary and/or animal hospital services (NAICS 541940) , pursuant to Table 5.02- 1 (Land Use Matrix) of this Development Code.
(3) Mixed-Use Zones. Commercial animal production is prohibited within mixed-use zoning districts.
(4) Industrial Zones. Commercial animal production is prohibited within industrial zoning districts , except that kennels and catteries shall be allowed within the IL and IH zoning districts pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code.
(5) Specialized Use Zones. Commercial animal keeping is conditionally permitted (requires Conditional Use Permit approval pursuant to the requirements of Section
4.02.015 of this Development Code ) within the AG zoning district on lots no less than 2 acres in area (20,000 SF for farms exclusively for small animal keeping), except apiculture (bee keeping and production), which is permitted by right within the AG, ONT, and UC zoning districts.
b. Land Use Standards. The following standards shall govern the development and/or operation of facilities for commercial animal production and related uses:
(1) Minimum Lot Area. Animal keeping for animal production and related uses (excludes kennels and catteries, for the purpose of boarding only, in conjunction with veterinary and/or animal hospital services) shall be on a lot of no less than 2 acres in area, except that farms exclusively for small animal keeping, including apiaries, aviaries, rabbit, chinchilla, or other similar small raising, shall be permitted on lots of no less than 20,000 SF in area.
(2) Animals At Large. It shall be unlawful for any person within the City of Ontario, which has the care, charge, control, or possession of any animal, fowl or bird to permit it to be, remain, go, or run at large upon any public street, alley, or unenclosed lot or land in the City, except dogs on leashes, cats, racing homing pigeons during runs, an animal in a vehicle, or a horse mounted or led by a responsible person.
(3) Sanitation of Premises.
(a) Every person owning or occupying property within the City upon which any animal, fowl, or bird is kept shall maintain the property and any stable, barn, stall, pen, coop, building, or place thereon in which animals are kept, in a clean and sanitary condition so as not to be detrimental to the public health.
(b) Proper management of animal waste shall be carried out pursuant to all requirements of the State Regional Water Quality Control Board or regulating agency.
(4) Hitching and Tethering Animals. It shall be unlawful to hitch, tie, or otherwise fasten any horse, cow, or other animal to any tree or shrub within the City, or to tether or hitch for feeding any animal so as to allow the animal to cross any street, sidewalk, or alley within the City.
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(Rev. 03.18.202507.01.2025) Page 5.03-132 Ontario Development Code (5) Proximity of Animals to Yards, Property Lines, Dwellings and Residential Accessory Structures, and Water Wells.
(a) It shall be unlawful in residential zones of the City to keep any animal, other than household pets, within 20 FT of any property line.
(b) It shall be unlawful for any person to keep any animal, other than household pets, within 50 FT of any structure, other than that of the owner, which is used for human habitation, or for educational, health care, social assistance, religious assembly, food service, or governmental purposes, except as allowed by Subparagraph (c), below.
(c) It shall be unlawful for any person to keep any hobby, show or game bird, fowl, or rabbit, other than a household pet, within 30 FT of any structure, other than that of the owner, which is used for human habitation, or for educational, health care, social assistance, religious assembly, food service, or governmental purposes.
(d) No animal is to be stabled, kept, or maintained in any front or street-side yard area.
(e) No animals shall be kept within 100 FT of any domestic water well.
(f) Any new animal feed trough, corral/pen, dairy/feed lot, including manure stockpiles and related wastewater detention basins, shall maintain a minimum 500-FT separation from the boundary of any residential or non -residential subdivision map recorded after January 31, 2000. A reduction in the separation requirement may be considered for facilities with proven means of reducing odors, such as covering lagoons, substituting concrete- lined pits for lagoons, and employing recommended ventilation systems for animal confinement buildings. Consideration of alternative setbacks shall be subject to consultation with qualified agricultural engineers to ensure that the measure will reliably accomplish the intended purpose.
(g) A minimum 100-FT separation shall be maintained between any new residential or nonresidential development, or any structure used for public assembly, and any existing animal feed trough, corral/ pen, or an existing dairy/feed lot, including manure stockpiles and related wastewater detention basins. The separation requirement may be satisfied by off-site easements acceptable to the Planning Director.
(6) Nonconforming Animal Keeping Activities. Areas used for animal keeping that become non-conforming by reason of new development on neighboring properties, may be continued indefinitely; provided, that the nonconforming animal keeping activity maintains compliance with the provisions of Division 3.01 (Nonconforming Lots, Land Uses and Structures) of the Ontario Development Code.
(7) Maximum Animal Keeping Densities. Table 5.03-7 (Maximum Animal Keeping Densities for Animal Production), below, establishes the maximum number of animals that may be maintained on a lot, provided the particular animal type is allowed pursuant to Table
5.01-1 (Land Use Matrix) of the Ontario Developmen t Code. The maximum animal densities are based upon net lot area; however, any portion of a lot used to qualify one animal type shall not be used to qualify another animal type.
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Ontario Development Code Page 5.03-133 (Rev. 03.18.202507.01.2025) Table 5.03-6: Maximum Animal Keeping Densities for Animal Production Animal Type Maximum Animal Density
A. Alpacas or Llamas One for each 4,000SF of lot area
B. Cattle or Buffalo (raised for nondairy purposes) One animal for each 6,000 SF of lot area C. Dairy Cattle As permitted by Reviewing Authority [1] D. Fish One pond for each acre of lot area, not to exceed 4 ponds per lot. Each pond shall not exceed 0.5 -acre in surface area.
E. Goats
1. Female One animal for each 3,000 SF of lot area
2. Male
a. Lots less than 10 acres in area One
b. Lots 10 or more acres in area One animal for each 5 acres of lot area, not to exceed 4 animals
F. Horses and Other Equine One animal for each 6,000 SF of lot area G. Kennels and Catteries One animal for each 3,000 SF of lot area H. Ostriches, Emus and Rheas One animal for each 6,000 SF of lot area I. Rabbits and Chinchillas 50 animals for each 10,000 SF of lot area, not to exceed 200 animals
J. Sheep and similar livestock One animal for each 3,000 SF of lot area
Notes:
[1] New or expansions to existing dairy or other animal confinement facilities are considered on a case -by-case basis, subject to Conditional Use Permit approval. Animal density shall be determined by Reviewing Authority, which may impose special operational conditions, requirements, or standards, as deemed necessary to insure the public health and safety. Animal density shall be based on measures to prevent the unacceptable nitrification or salt pollution of soils, and the pollution of groundwater by nitrates and salts emanating from the facility as defined by the Regional Water Quality Control Board.
3. Aquaculture Production.
a. Aquaculture production shall be primarily for the commercial sale of freshwater and saltwater fish, crustaceans, mollusks, aquatic plants, algae, and other organisms under controlled conditions for food.
b. In the IG and IH zoning districts, aquaculture production shall be limited to building integrated aquaculture that incorporate s a holistic design approach that efficiently integrates a closed-loop aquaculture system within the built industrial environment. Pond or pen - based aquaculture systems that are not wholly contained within a building shall be prohibited.
D. Commercial Crop Production and Farming. Commercial Crop Production and Farming is a use in which plants and their products are grown for sale, intended for widespread distribution to wholesalers or retail outlets. Commercial Crop Production and Farming includes oilseed and grain farming; vegetable and melon farming; fruit and tree nut farming; greenhouse, nursery and floriculture production; and other crop farming.
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1. Allowed Activities/Facilities. Commercial Crop Production and Farming is allowed as a primary or ancillary use of land, and as an interim land use on vacant and underdeveloped properties, as follows
a. Residential Zones. Commercial Crop Production and Farming is conditionally permitted (requires Conditional Use Permit approval pursuant to the requirements of Section 4.02.015 of this Development Code ) within the AR -2 and RE -2 zoning districts and is prohibited within all other residential zoning districts, excepting community gardens and urban farms allowed pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code.
b. Commercial Zones. Commercial Crop Production and Farming is prohibited within commercial zoning districts, excepting community gardens and urban farms allowed pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code.
c. Mixed-Use Zones. Commercial Crop Production and Farming is prohibited within mixed -use zoning districts, excepting community gardens and urban farms allowed pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code.
d. Industrial Zones. Commercial Crop Production and Farming shall be allowed within the IL, IG, and IH zoning districts pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code.
e. Specialized Use Zones. Commercial Crop Production and Farming shall be allowed within specialized use and overlay zoning districts pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code.
2. Land Use Standards . The following standards shall govern the establishment and operation of Commercial Crop Production and Farming:
a. Operational Standards. The following standards shall govern the operation of Commercial Crop Production and Farming:
(1) A Commercial Crop Production and Farming operation shall not sell plants and produce grown on -site or operate an On-Site Produce Sales Stand , excepting Community Gardens established pursuant to Subparagraph E.2.d (Community Garden On -Site Produce Sales) and Subparagraph F.2.d (Urban Farm On-Site Produce Sales) of this Section.
(2) A Commercial Crop Production and Farming operation shall be designed and maintained to ensure that irrigation and storm water will not drain to adjacent properties or the public right-of-way.
(3) A Commercial Crop Production and Farming operation shall be designed and maintained to prevent dust and other fugitive particles from leaving the site.
(4) A Commercial Crop Production and Farming operation shall be designed and maintained to prevent the uninhibited growth of weeds and the accumulation of debris.
(5) Refuse storage containers, serviced by the City, shall be provided and screened from the public right-of-way. The requirement and placement of storage containers shall be determined by the City.
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Ontario Development Code Page 5.03-135 (Rev. 03.18.202507.01.2025) (6) A storage area for tools, equipment and other materials shall be enclosed and located outside of designated front yard and street side yard setback areas.
Storage buildings shall not exceed 120 SF in area and 14 FT in height.
(7) The hours of operation shall be limited to the hours between 7:00 AM and dusk.
(8) Lighting for the site shall be reviewed and approved by the Planning and Police Departments. Light shall be for general security and not for nighttime operations.
b. Composting. The on -site composting of site -generated refuse shall be prohibited.
E. Community Gardens. Community Gardens include small- scale crop production and farming by individuals on multiple plots, or food and/or ornamental crop production on larger plots, which is maintained and grown by volunteers or community groups as a form of recreation, education, and/or community charity. (Note: To ensure the sustainability of a Community Garden, up to 49 percent of the Community Garden may consist of an Urban Farm established in compliance with Subsection F (Urban Farm) of this Section).
1. Allowed Activities/Facilities . Community Gardens are allowed as an interim land use on vacant or underdeveloped land, or as a long-term ancillary land use, as follows:
a. Residential Zones. Community Gardens are administratively permitted within all residential zoning districts.
b. Commercial Zones. Community Gardens are administratively permitted within all commercial zoning districts.
c. Mixed-Use Zones. Community Gardens are administratively within all mixed- use zoning districts.
d. Industrial Zones. Community Gardens are administratively permitted within the BP, IP and IL zoning districts. Within the IG and IH zoning districts, Community Gardens shall be prohibited as a permanent use of land; however, the use may be administratively permitted as an interim land use on undeveloped or underdeveloped properties
e. Specialized Use Zones. Community Gardens are administratively permitted within all specialized use and overlay zoning districts.
2. Land Use Standards . The following standards shall govern the establishment and operation of Community Gardens:
a. General Provisions. Community Garden approval is subject to the granting of an Administrative Use Permit filed pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code, and the requirements of this Section. The Administrative Use Permit application shall include a copy of all contract templates that will be utilized between the garden owner/manager and all garden participants. The templates shall include plot maintenance requirements, fee requirements, and any other requirements that would be imposed on the participants of the Community Garden.
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(Rev. 03.18.202507.01.2025) Page 5.03-136 Ontario Development Code b. Development Standards for Community Gardens. Community Gardens shall comply with the following operational standards:
(1) The on-site sale of produce for profit is strictly prohibited.
(2) The site shall be designed and maintained to ensure that water will not drain to adjacent properties or the public right-of-way.
(3) The site will be designed and maintained to prevent dust and other fugitive particles from leaving the Community Garden.
(4) Community Gardens shall not use non -organic pesticides or herbicides.
(5) The site shall be designed and maintained to prevent the uninhibited growth of weeds and the accumulation of debris.
(6) Permanent open fencing shall be provided around the perimeter of a Community Garden, such as chainlink, and shall be consistent with the fencing standards of the zoning district in which the Community Garden is located. Furthermore, fenced Community Gardens shall have at least one access gate, and fencing shall be affixed to the ground with steel posts anchored in a concrete footing.
(7) A landscape screen may be provided along street frontages through the use of vines or espalier fruit trees to provide an attractive visual buffer from the public right-of-way.
(8) A minimum 4 -FT wide walkway shall be provided from the public right-of-way to the Community Garden. The walkway shall be clearly marked and made from a decorative compacted material, such as decomposed granite, or a decorative pervious surface, such as concrete pavers.
(9) Refuse storage containers, serviced by the City, shall be provided and screened from the public right-of-way. The requirement and placement of storage containers shall be determined by the City during the Administrative Use Permit review process.
(10) Any storage area for tools, equipment and other materials shall be enclosed and located outside of designated front yard and street side yard setback areas.
Storage buildings shall not exceed 120 SF in area and 14 FT in height. The use of metal shipping containers shall not be permitted.
(11) A water meter and hose bibs shall be provided for the site and shall be consistent with all applicable landscape regulations. Standard water rates will be applied to Community Gardens.
(12) The hours of operation shall be limited to the hours between 7:00 AM and dusk, or as set forth in the Administrative Use Permit for the Community Garden. The property should be locked and secure during non-operating hours.
(13) Lighting for the site shall be reviewed and approved by the Planning and Police Departments. Light shall be for general security and not for nighttime operations.
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Ontario Development Code Page 5.03-137 (Rev. 03.18.202507.01.2025) (14) Maintenance of the Community Gardens shall not involve the use of commercial or industrial grade machinery and powered equipment without prior approval by the City's Planning Department (only mechanical equipment designed for household use should be used). The use of tractors, excavators, etc., may be limited by the Administrative Use Permit issued for the Community Garden.
(15) Approval by a homeowner or property owner association (if any) shall be provided prior to the issuance of an Administrative Use Permit for a Community Garden.
c. Composting. The composting of site -generated refuse is an excellent method for providing sustainable fertilization of Community Gardens. Materials from off -site sources shall be limited to green waste (no manure from off -site sources shall be used for composting purposes). Facilities that choose to engage in composting shall provide a Composting Plan with their Administrative Use Permit application (required pursuant to Subparagraph E.2.a (General Provisions) of this Section), and shall comply with each of the following standards:
(1) A compost pile and composting facilities shall be located at least 20 FT from any interior property line and shall not be located within any front or street side yard setback area.
(2) A compost pile shall be located at least 50 FT from any habitable structure.
(3) A compost pile and composting facilities shall be screened and/or hidden from public view and shall not exceed 5 FT in height.
(4) Composting activities shall be conducted in a manner that does not create a nuisance (generation of noise, odors, insects, etc.) nor impact the public health, safety or welfare of the area surrounding the Community Garden, and/or Community Garden participants.
(5) The scale of the composting activity shall be consistent with the fertilizer requirements for the Community Garden the composting activity is intended to serve.
d. Community Garden On-Site Produce Sales.
(1) An On-Site Produce Sales Stand may be permitted by issuance of the Administrative Use Permit for the Community Garden.
(2) An On-Site Produce Sales Stand shall be operated by a non -profit organization and are intended to be small in scale and designed to benefit residents and businesses immediately surrounding the Community Garden. Furthermore, On -Site Produce Sales Stands may be used as a marketing tool to encourage new Community Garden participants, and to offset the costs of maintaining and operating a Community Garden. Community Gardens that choose to operate an On-Site Produce Sales Stand shall submit a Produce Sales Stand Operation Plan with their Administrative Use Permit application.
(3) An On-Site Produce Sales Stand established and operated in conjunction with a Community Garden shall comply with each of the following standards:
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(Rev. 03.18.202507.01.2025) Page 5.03-138 Ontario Development Code (a) The produce sales stand shall be located on the same site as the Community Garden established pursuant to this Section.
(b) At least 51 percent of the produce sold at the produce sales stand shall be grown on-site or at other Community Gardens located within the City, which have been established pursuant to this Section. The balance of the produce sold at the stand may be grown outside the City, at a facility holding a County Certified Producer Permit.
(c) All proceeds from the produce sales stand shall directly benefit the Community Garden program; however, a nominal amount of proceeds, not to exceed 10 percent of gross revenues, may be used to supplement the overhead costs of the non- profit organization that operates the sales stand.
(d) The applicant shall provide information on the non-profit organization that will operate the garden and shall include a copy of the Internal Revenue Service 501(c)(3) non-profit status form.
(e) The non -profit organization operating the produce sales stand shall be responsible for obtaining all necessary food and health licenses, and permits issued by the State and County.
(f) One produce sales stand shall be permitted on lots greater than 20,000 SF in area. The floor area of the stand shall not exceed 120 SF, and it shall not have a permanent foundation.
(g) The produce sales stand shall be removed by the property owner(s), at their expense, upon termination of the host Community Garden.
(h) The produce sales stand shall not be located within a public right-of-way.
(i) The produce sales stand shall be setback a minimum of 20 FT from any street property line (public right-of-way), or side or rear property line.
(j) The off-street parking area for the produce sales stand shall be improved with compacted gravel or other material approved by the City, to control dust and erosion, and provide an all-weather driving surface.
(k) Adequate provision for traffic circulation, off -street parking, and pedestrian safety shall be provided to the satisfaction of the Planning Director and City Engineer.
F. Urban Farms. Urban Farms are smaller-scale private farming operations in which plants and their products are grown and sold (on -site and/or off-site) for profit. Urban Farms include, but are not limited to, strawberry fields, flower and vegetable raising orchards, and vineyards. Additionally, Urban Farms may include items grown or produced as an ancillary activity to established land uses, such as, but not limited to, food service uses, including restaurants and special food services.
Items not grown or produced on -site shall not be sold on -site, except in conjunction with an allowed retail store. (Note: An Urban Farm may be established and operated ancillary to a Community Garden pursuant to Subsection E (Community Gardens) of this Section.)
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1. Allowed Activities/Facilities . Urban Farms are allowed as an interim land use on vacant or underdeveloped property, and as an ancillary activity to established food service uses, including but not limited to restaurants and special food services that grow spices, seasonings, or produce on-site, for use in their business operations . Plants and their products grown on -site may be sold on-site and/or off-site. Allowed activities/facilities are as follows:
a. Residential Zones. Urban Farms are administratively permitted within all residential zoning districts, as an interim land use on vacant lands.
b. Commercial Zones. Urban Farms are administratively permitted within all commercial zoning districts, as an interim land use on vacant lands, or as an ancillary activity to a legally established food service use.
c. Mixed-Use Zones. Urban Farms are administratively within all mixed -use zoning districts , as an interim land use on vacant lands, or as an ancillary activity to a legally established food service use.
d. Industrial Zones. Urban Farms are administratively permitted within all industrial zoning districts, as an interim land use on vacant or underdeveloped lands.
e. Specialized Use Zones. Urban Farms are ad ministratively permitted within specialized use and overlay zoning districts, except within the MHP zoning district, wherein the land use is prohibited.
2. Land Use Standards . The following standards shall govern the establishment and operation of Urban Farms:
a. General Provisions. Urban Farm approval is subject to the granting of an Administrative Use Permit filed pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code, and the requirements of this Section.
b. Operational Standards. The following standards shall govern the establishment and operation of Urban Farms:
(1) An Urban Farm may sell plants and produce grown on -site in compliance with the "On-Site Produce Sales Stands" (see Subsection G of this Section) standards listed below.
(2) An Urban Farm shall be designed and maintained to ensure that irrigation and storm water will not drain to adjacent properties or the public right -of-way.
(3) An Urban Farm shall be designed and maintained to prevent dust and other fugitive particles from leaving the site.
(4) An Urban Farm shall be designed and maintained to prevent the uninhibited growth of weeds and the accumulation of debris.
(5) A fence may be required around the perimeter of an Urban Farm, as set forth by the Administrative Use Permit. Fencing shall comply with the standards of the zoning district in which the Urban Farm is located. Fencing located adjacent and parallel to a street shall be of an open design to allow for views into the site, shall have at least one access gate. Fences shall be affixed to the ground with steel posts anchored in a concrete footing. 322
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(6) A landscape screen may be required along street frontages, as set forth in the approved Administrative Use Permit, through the use of vines or espalier fruit trees, to provide an attractive visual buffer from the public right-of-way.
(7) Refuse storage containers, serviced by the City, shall be provided and screened from the public right-of-way. The requirement and placement of storage containers shall be determined by the City during the Administrative Use Permit review process.
(8) A storage area for tools, equipment and other materials shall be enclosed and located outside of designated front yard and street side yard setback areas.
Storage buildings shall not exceed 120 SF in area and 14 FT in height.
(9) A water meter and appropriate hose bibs shall be provided for the site and shall be consistent with all applicable landscape regulations.
(10) The hours of operation shall be limited to the hours between 7:00 AM and dusk, or as set forth in the Administrative Use Permit.
(11) Lighting for the site shall be reviewed and approved by the Planning and Police Departments. Light shall be for general security and not for nighttime operations.
(12) The use of commercial grade machinery and powered equipment, such as tractors, tillers, or excavators, may be limited by the Administrative Use Permit, based upon the Urban Farm location and its proximity to, and impact on, neighboring sensitive land uses.
(13) Approval by a homeowner or property owner association, if any, shall be provided prior to the issuance of an Administrative Use Permit for an Urban Farm.
c. Composting. The composting of site -generated refuse is an excellent method for providing sustainable fertilization of Urban Farms. Facilities that choose to engage in composting shall provide a Composting Plan with their Administrative Use Permit application (required pursuant to Subparagraph F.2.a (General Provisions) of this Section), and shall comply with the composting standard s set forth in the " Community Gardens " requirements (see Subparagraphs E.2.c(1) through (5) of this Section).
d. Urban Farm On-Site Produce Sales Stands.
(1) An On-Site Produce Sales Stand may be permitted by issuance of the Administrative Use Permit for the Urban Farm.
(2) An On -Site Produce Sales Stand established and operated in conjunction with an Urban Farm shall comply with all of the following standards:
(a) The produce sales stand shall be located on the same site as the Urban Farm it serves.
(b) The operator of the produce sales stand shall be responsible for obtaining all necessary food and health licenses, and permits is sued by the State and/or County.
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Ontario Development Code Page 5.03-141 (Rev. 03.18.202507.01.2025) (c) The produce sales stand shall only be used for the retail sales of plants or products that are grown on-site.
(d) One produce sales stand shall be permitted on lots greater than 20,000 SF in area. The floor area of the stand shall not exceed 120 SF, and it shall not have a permanent foundation.
(e) The produce sales stand shall be removed by the property owner(s), at their expense, upon termination of the host Community Garden or Urban Farm.
(f) The produce sales stand shall not be located within a public right-of-way.
(g) The produce sales stand shall be setback a minimum of 20 FT from any street property line (public right-of-way), or side or rear property line.
(h) The off-street parking area for the produce sales stand shall be improved with compacted gravel or other material approved by the City, to control dust and erosion, and provide an all-weather driving surface.
(i) Adequate provision for traffic circulation, off -street parking, and pedestrian safety shall be provided to the satisfaction of the Planning Director and City Engineer.
5.03.415: Waste Treatment and Disposal—Composting and Anaerobic Digestion Facilities
The following standards shall govern the establishment and operation of composting and anaerobic digestion facilities:
A. Any new Dairy for which a Conditional Use Permit is required, shall not be located within 100 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, to any residentially zoned property or sensitive land use, including hospitals and other healthcare facilities; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks ; or any similar facility where minors (persons under 18 years of age) regularly congregate.
B. A Manure Only Composting Facility shall not be located within 0.25-mile, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, to any residentially zoned property or sensitive land use, including hospitals and other healthcare facilities; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate.
C. A Green Waste or combination Green Waste and Manure Composting Facility shall not be located within 0.50 mile, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, to any residentially zoned property or sensitive land use, including hospitals and other healthcare facilities ; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate.
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D. A 100-FT setback shall be maintained between a project's perimeter property line and any material being composted or anaerobic digester on the project site.
E. A Conditional Use Permit application for a Composting or Anaerobic Digestion Facility shall be submitted with a traffic study, which analyzes the impacts of project generated truck traffic on traffic from residential development in the area and the surroun ding roadway system, and recommends measures to mitigate identified impacts to a level of non -significance and appropriate routes to freeways.
F. The following shall be considered for inclusion as conditions of approval, as appropriate, for any Composting or Anaerobic Digestion Facility requiring Conditional Use Permit approval:
1. Maintain good air flow through the compost material;
2. Turn compost based on temperature, not a schedule;
3. Restrict material movement to times when the potential for winds are low and general population is least (i.e., when people are indoors or away from their homes, and not on weekends);
4. Minimize disturbance of dusty areas by equipment;
5. Minimize dust by adding moisture to material when moving or turning, and regularly water dirt roadways, dry material, and unused areas;
6. Berms (defined as earthen mounds constructed along the perimeter of a composting site to minimize sight into the property and reduce debris from blowing off -site) shall be maximum 15 FT in height, and in no case higher than the allowed material rows;
7. Berms shall be set back minimum 10 FT behind a street property line and minimum 5 FT from all other property lines, or one-half the height of the berm, whichever is greater;
8. Berms shall be comprised primarily of soil, and shall have a slope not to exceed a 2:1 ratio (horizontal to vertical (h:v)). Berms can be as steep as 1.5:1, if properly evaluated, with appropriate calculations, by the City Engineer; and
9. The surface of the outside portions of the slopes (facing a public street) should have properly installed and maintained landscaping or hydro seeding with jute matting to prevent erosion or sloughing.
5.03.420: Wireless Telecommunications Facilities
The following regulations shall govern the establishment and operation of wireless telecommunications facilities:
A. Review of Wireless Telecommunications Facilities. All applications for wireless telecommunication facilities are subject to a 3-tier review process established by this Section. The Planning Director shall have the discretion to determine the design and level of review requirements for projects proposed in specific plan areas, based upon the similarity of the specific plan's land use designation to the citywide zoning districts. 325
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1. Tier 1 Review. The following applications for wireless telecommunications facilities shall be reviewed and acted upon utilizing the Building Department's plan check review process:
a. A wireless telecommunications facility integrated into a building/structure design;
b. A roof-mounted wireless telecommunications facility that is less than 10 FT in height, which is architecturally screened from view and is located within a nonresidential zoning district;
c. The establishment of small cell wireless telecommunications facilities, which conform to the following conditions:
(1) Small cell wireless telecommunications facilities should be attached to existing City light standards ; however, if n ew or replacement light standards are necessary, concrete of steel poles shall be used, which match poles in the surrounding area and is consistent with current City standards. The use of new or existing wood poles shall not be permitted.
(2) Small cell wireless telecommunications facilities shall be limited to single-carrier facilities.
(3) All transmission equipment, excluding antennas and remote radio units, shall be placed underground, to the extent possible, in a manner consistent with City regulations. To the extent that the project proponent determines that all transmission equipment cannot be placed underground, the project proponent shall provide written supporting justification to the City, which excludes the cost of equipment undergrounding , for review and approval by the Planning Director and City Engineer.
(4) Small cell wireless telecommunications facilities shall be erected to a height no greater than the height of surrounding light standards, not to exceed a total of 35 FT, including antennas, lightning rods, or other extensions.
(5) Supporting equipment, such as cabling and conduits, shall be concealed within the pole so as not to be visible to the public. All other equipment such as antennas, enclosures, brackets, equipment boxes, etc., shall be painted to match pole.
(6) A Small Cell Wireless Telecommunications Facilities Agreement by and between the City and the project proponent shall be prepared, and reviewed and approved by the City Council, prior to encroachment permit issuance by the City for the installation of small cell telecommunications facilities.
d. The alteration or expansion of existing wireless telecommunications facilities, or collocation of additional facilities with an existing wireless telecommunications facility, in any zoning district, that does not exceed the below -listed thresholds, the calculation for which shall be cumulative over time, following the initial approval of the telecommunications facility:
(1) The height of the existing antenna array is increased by no more than 20 percent or 20 FT, whichever is greater; however, no such increase in height shall be permitted to exceed the maximum height limit prescribed in this Section 10 percent, and excludes the height of the new antenna itself and applies only to the separation between the top of an existing antenna array and the bottom of a new antenna array; 326
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(2) The existing facility is increased by no more than 4 new equipment cabinets or the standard number of cabinets for the technology, whichever is lower ;
(3) The new facility will not have an additional protrusion more than 20 percent greater than the existing tower width; and
(4) Installation of the new facility will not require excavation outside existing leased or owned property and current easements. The calculation for such modifications shall be cumulative over time following the initial approval of the telecommunications facility. No such modification shall be permit ted if the antenna array will exceed the maximum height prescribed by this Section (refer to Subparagraphs E.6.a and E.6.b of this Section).
2. Tier 2 Review.
a. A proposed wireless telecommunications facility meeting each of the following criteria shall require Development Plan approval pursuant to Section 4.02.0 25 (Development Plans) of this Development Code:
(1) The facility is located within a nonresidential zoning district;
(2) The facility is more than 500 FT from a residential zoning district, as measured in a straight line from any point along the outer boundaries of the property containing the wireless telecommunications facility;
(3) The facility complies with all development standards of this Section and the applicable zoning district;
(4) The facility is of a stealth design so as not to be recognized as a telecommunications facility; and
(5) All support equipment to the proposed facility is located within a completely enclosed structure or is otherwise screened from public view.
b. A new wireless telecommunications facility proposed within a nonresidential zoning district, which is to be collocated with an existing wireless telecommunications facility and complies with all development standards of this Section and the applicable zoning district, shall be reviewed and acted upon by the Development Advisory Board.
3. Tier 3 Review. A proposed wireless telecommunications facility meeting one or more of the following criteria shall require Development Plan approval pursuant to Section
4.02.025 (Development Plans) of this Development Code:
a. Wireless telecommunications facilities not meeting the above -stated Tier 1 or Tier 2 review criteria;
b. Wireless telecommunications facilities located 500 FT or less (as measured in a straight line from any point along the outer boundaries of the property containing the wireless telecommunications facility) from a residential zoning district;
c. All nonstealth wireless telecommunications facilities;
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Ontario Development Code Page 5.03-145 (Rev. 03.18.202507.01.2025) d. Wireless telecommunications facilities proposed in the AG Overlay District, excepting those facilities meeting the Tier 1 review criteria , above . In addition to requiring Development Plan approval, wireless telecommunications facilities proposed in the AG Overlay District shall also require Conditional Use Permit approval pursuant to Table 5.02-1 (Land Use Matrix) and Paragraph C.1.f (Conditionally Permitted Uses) of Section 6.01.035 ( Overlay Zoning Districts) of this Development Code;
e. Wireless telecommunications facilities creating more than a minimal visual impact on surroundings, as determined by the Planning Director. In determining whether more than a minimal visual impact exists, the Planning Director shall consider the facility 's location and size, the view of the facility from the public street and neighboring properties, and the contrast between the facility and other external structural equipment. The applicant may be required to perform tests that would replicate the height o f a proposed facility in order to adequately assess potential visual impacts;
f. Wireless telecommunications facilities located within line -of-sight of any scenic corridor identified by the Policy Plan component of The Ontario Plan; and
g. Wireless telecommunications facilities that include a request for an increase in height, which exceeds the maximum height provisions established by Paragraph E.5 of this Section. The Reviewing Authority may consider an increase in height if the strict application of Paragraph E.5 of this Section would prevent a provider of wireless telecommunications services from attaining adequate coverage to a service area due to practical difficulties beyond the control of the service provider. The service provider shal l clearly demonstrate the nature of the problem, and that no other reasonable alternative is available to provide adequate coverage to the service area.
B. Additional Submittal Requirements.
1. In addition to the general submittal requirements for plan checks, wireless telecommunication facilities requiring Development Plan and/or Conditional Use Permit approval shall provide the plans and information required by the Minimum Filing Requirements Checklist and the Plan Preparation Guidelines and Minimum Plan Contents Checklist of the General Application Packet.
2. The City may contract with an independent radio frequency engineering consultant, or other qualified professional with knowledge and expertise regarding wireless telecommunication systems, to verify applicant 's technical assertions. Such verification may include, but is not limited to, issues related to transmission coverage requirements, required height of facilities, technical limitations related to co llocating facilities, evaluation of new technologies that are available and the potential for interferenc e with other facilities, such as public safety radio communications systems. All costs associated with verification shall be borne by the applicant.
C. Performance Standards for Wireless Telecommunications Facilities. The operator of a wireless telecommunications facility and/or the owner of the property upon which the facility is located is responsible for compliance with the following:
1. No existing or future wireless telecommunications facility shall interfere with any public safety radio communications system including but not limited to the 800 MHz radio system operated by the West End Communication Authority (WECA), which provides public safety 328
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2. If any wireless telecommunications facility is found to interfere with a public safety radio communications system, or any system facilitating the transmission or relay of voice or data information for public safety, the carrier and/or property owner shall immediately cease operation of the radio channel(s) causing system interference. Operation of an offending wireless telecommunications facility shall only be allowed to resume upon removal, or other resolution, of the interference, to the satisfaction of the City.
Any request for an increase in antenna height that would exceed the maximum height provisions established by Paragraph E. 6 of this Section in order to resolve interference conflicts with a public safety radio communications system, shall only be considered by the City after the facility operator and/or property owner have sufficiently demonstrated that all feasible methods of eliminating the conflict have been considered.
3. A wireless telecommunications facility, including poles, antennas, materials used to camouflage or stealth the facility, and equipment buildings and enclosures, shall be maintained in a manner so as to ensure that the facility will maintain its original appearance. In the event that over time, with exposure to wind, rain, sunlight, etc., any part of the facility begins to flake, pit, fade, discolor, disintegrate, or otherwise not maintain its original appearance as initially constructed, as determined by th e Planning Director, it shall be repaired/replaced at the sole expense of the carrier.
4. The inspection and approval of a wireless telecommunications facility shall be received from the Planning Department prior to Building Department final inspection and the establishment/release of permanent electrical power to the facility.
5. Wireless telecommunications facilities, including landscaping and surface areas, shall be continuously maintained free of weeds, debris, litter , and temporary signage. All graffiti shall be removed from the premises within 48 hours of discovery.
D. Location Guidelines and Criteria. All applications for wireless telecommunications facilities are subject to the following location guidelines and criteria:
1. The preferred order of location for wireless telecommunications facilities is: industrial zoning districts, followed in descending order by commercial, mixed-use, and residential zoning districts. If proposed within an established specific plan area, the preferred order of location, listed in descending order, is:
a. Industrial zoning/land use districts;
b. Business park zoning/land use districts;
c. Commercial zoning/land use districts;
d. Mixed Use zoning/land use districts; and
e. Residential zoning/land use districts.
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2. Wireless communications facilities located within residential zoning districts shall be allowed only in conjunction with a nonresidential land use, such as, but not limited to, a church, fire station, park, or school.
3. Wireless telecommunications facilities may be located in close proximity to each other; provided, they utilize a stealth design, meet the height requirements of this Section, and are compatible with surrounding development. Wireless telecommunication facilities that are nonstealth in design shall be located a minimum of 1,000 FT from any other nonstealth wireless telecommunication facility, as measured in a straight line from any point along the outer boundaries of the property containing the wireless telecommunications facility.
4. Wireless telecommunication facilities shall not be located within any front or street side setback area.
5. Wireless telecommunications facilities shall not be located so as to create a nonconforming condition, such as reductions in parking, landscaping, loading zones or other applicable development standards.
6. Wireless telecommunications facilities shall be located where existing vegetation, structures, and/or topography provide the greatest amount of screening. Where insufficient screening exists, additional screening shall be provided through the installation of dense landscaping, installation of enhanced architectural treatments, or relocation of the facility so that the massing of existing buildings or vegetation will provide adequate screening. Support structures shall be constructed of galvanized steel and painted an unobtrusive color to neutralize and blend with surroundings or be of a stealth design.
E. Development Standards. It is a goal of the City that wireless telecommunications facilities be developed in harmony with the surrounding environment so as to be as unobtrusive as possible.
This is especially true when located in visually prominent locations (e.g., along major t horough- fares, at entry points into the City, near high activity areas, etc.). The following guidelines are intended to ensure that the design of wireless telecommunications facilities is compatible with the community:
1. Wireless telecommunications facilities should:
a. Be collocated with another facility, where possible;
b. Be stealth in design, or building/structure or roof mounted as an integral architectural element on an existing structure; and
c. Utilize state-of-the-art wireless technology.
2. Wireless telecommunications facilities shall meet all applicable zoning and setback regulations of the zoning district in which they are located.
3. Wireless telecommunications facilities shall be installed and maintained in full compliance with all Federal, State and local codes and standards.
4. All proposed nonstealth facilities shall be designed to accommodate co -location of 2 or more service providers. To the extent possible, stealth facilities shall also be designed to accommodate co-location of facilities.
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5. The height of wireless telecommunications facility support structures shall be the minimum necessary to provide adequate user coverage; however, an antenna or its support structure shall not exceed the maximum allowed height for wireless telecommunications facilities set forth below, except as provided for in Subparagraph A.3.f of this Section. The height of stealth design "tree" monopoles shall be measured to the top of the antenna arrays, with the branches/fronds extending above antenna arrays, to create a natural appearance.
6. The maximum height for wireless telecommunications facilities shall be as follows:
a. Freestanding single-carrier facilities shall not exceed 55 FT in height;
b. Freestanding collocated facilities (two or more carriers) shall not exceed 75 FT within the IL (Light Industrial), IG (General Industrial), and IH (Heavy Industrial) zoning districts, and 65 FT in height within all other zoning districts; and
c. Roof-mounted or building-mounted facilities shall not exceed 10 FT above the height of the building.
7. Prior to the issuance of a building permit for a wireless telecommunications facility, the carrier shall submit a Federal Aviation Administration determination for the proposed facility.
Safety lighting or colors, if prescribed by the City or other approving agency, such as the Fede ral Aviation Administration, may be required for support structures.
8. Wireless communications facilities located within residential zoning districts shall be of stealth design.
9. All accessory equipment associated with the wireless telecommunications facility shall be screened from public view by a decorative fence, wall, landscaping, berming or a combination thereof, or shall be located within a building, enclosure or underground vault, which is designed, colored and textured to match the architecture of adjacent buildings or blend in with surrounding development.
10. All utilities associated with wireless telecommunications facilities shall be undergrounded. Cable connections from equipment structures to any antennae shall not be visible by the public.
11. The design of stealth wireless telecommunications facilities shall be compatible with the surrounding neighborhood. Stealth designs include building mounted designs and freestanding designs. Examples of building mounted designs include architecturally screened roof mounted facilities, facilities attached to a building/structure, bell towers, clock towers, or steeples, installation behind false windows, or other types of architectural features that are designed to camouflage the facility and are integrated i nto the building design. Examples of stealth freestanding wireless telecommunications facilities include facilities that are camouflaged as freestanding signage, flagpoles, light poles, or "tree" monopoles (such as " monopalms" and "monopines") that are blended with groupings of real trees. The use of "monopalms" should not be the default design if no other live palms are within the immediate surroundings. Wireless telecommunications facilities may be designed as, or within, a piece of public art or a histor ical monument for public benefit.
12. The use of whip and/or microwave dish antennas shall be permitted only if integrated into the design of a structure and/or if fully screened from public view.
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13. Chainlink fencing is not permitted for containment of wireless telecommunications facilities, unless the fencing is located in the interior side or rear portion of property and is out of public view.
14. The use of lattice-type telecommunications towers shall not be permitted within the City.
15. Planning Department approval shall be received prior to any modification or addition to any existing wireless telecommunications facility.
16. Stealth wireless telecommunications facilities utilizing a flagpole monopole design shall comply with the following:
a. The flag to be placed on the flagpole monopole shall be proportionate in size to the height and diameter of the pole and shall be maintained at all times and replaced when needed due to weathering, as determined necessary by the Planning Director.
b. Only the National, State, County or City flags shall be flown on the flagpole.
A flag shall be flown on the flagpole at all times, which shall be properly lighted.
c. Covers concealing antenna arrays shall be painted to match the flagpole.
17. Stealth wireless telecommunications facilities utilizing a monopine design shall comply with the following:
a. The branch count shall be a minimum of 3 branches per lineal FT of trunk height. Branches shall be randomly dispersed and of differing lengths to provide a natural appearance.
b. Simulated bark shall extend the entire length of the pole (trunk), or the branch count shall be increased so that the pole is not visible.
c. Branches and foliage shall extend beyond an antenna array a minimum of 2 FT horizontally and 7 FT vertically, in order to adequately camouflage the array, antennas and bracketry. In addition, antennas and supporting bracketry shall be wrapped in artificial pine foliage.
d. The size and spread of antenna arrays shall be the minimum necessary to ensure that they are adequately camouflaged.
e. A minimum of 2 live pine trees shall be planted for each proposed monopine, which shall have the same growth habit as the pine tree being simulated by the monopine and shall be in scale with the height of the monopine. The pine trees may be planted adjacent to the proposed monopine, or elsewhere on the site as deemed appropriate by the Planning Director. The planting of additional trees and tree species may be required for larger project sites.
18. Stealth wireless telecommunications facilities utilizing a monopalm design shall comply with the following:
a. All antennas shall be fully concealed within a "pineapple ball" (also referred to as "growth ball" or "terminal bud ball" ) located at the end of the trunk. Furthermore, all wires 332
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b. Simulated bark shall extend the entire height of the pole (trunk).
c. A minimum of 2 live palm trees shall be planted for each proposed monopalm, which shall have the same growth habit as the type of palm tree being simulated by the monopalm and shall be in scale with the height of the monopalm. The palm trees may be planted adjacent to the proposed monopalm, or elsewhere on the site as deemed appropriate by the Planning Director. The planting of additional trees and tree species may be required for larger project sites.
19. A sign measuring 2 FT high by 2 FT wide shall be posted at the exterior entrance of wireless telecommunications facilities, and clearly visible to the public, identifying the carrier(s) and contact telephone number(s) for reporting emergency and maintenanc e issues.
5.03.425: Work/Live Units
A. Purpose. The purpose of this Section is to provide for, and make feasible, the construction of new buildings, and the reuse of existing buildings, for joint work/live units occupied by artists, artisans, professionals, and similarly situated individuals, as contemplated by HSC Section 17958.11.
B. Applicability. Work/live units shall be allowed pursuant to the provisions of this Section, within the zoning districts designated in Table 5.02 -1 (Land Use Matrix) as permitting "work/live units."
C. Definitions. As used in this Section, the following words, terms, and phrases are defined as follows:
1. Adaptability. The capability of altering or adding to certain building spaces, and/or elements such as kitchen counters, sinks, and grab bars, so as to accommodate the needs of persons with or without disabilities or to accommodate the needs of persons with different types or degrees of disabilities.
2. Artist or Artisan . One whose works are subject to aesthetic criteria. An individual who practices one of the fine arts, who works in one of the performing arts including music, or whose trade or profession requires a knowledge of design, drawing, painting, sculpting, writing or similar trades such as the creative and/or applied arts. This definition specifically does not include tattoo applicators, and designers/fabricators of drug and tobacco paraphernalia/accessories.
3. Commercial Building Use. An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.
4. Industrial Building Use. A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials.
5. Listed or Listing. Terms referred to equipment and materials that are shown in a list published by an approved testing agency qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions, and which listing states that the material or equipment complies with accepted national standards that are approved, or standards that have been evaluated for conformity with approved standards. 333
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6. Prevailing Code. The adopted federal, state, and local laws and regulations to be applied at the time of permit application.
7. Professional. One who engages in a pursuit or is active professionally in fields that include architecture, education, law, computer programming, media, and similar fields.
8. Work/Live Unit . An area comprised of one or more rooms or floors in new construction, or in a building originally designed for industrial or commercial occupancy that has been remodeled, which includes each of the following:
a. Cooking space and sanitary facilities;
b. Sleeping space; and
c. Assigned working space in, adjacent to, or near the unit.
D. Administration.
1. Requirements for Application.
a. An application for a work/live unit permit shall be made pursuant to the prevailing Building and Fire Codes. The application shall be accompanied by architectural drawings (drawn pursuant to standards established by the Building Official) depicting the existing uses within the building or new construction, and where the proposed work/live units will be located.
b. The Building Official shall be responsible for distributing a copy of the submitted application and architectural drawing to all affected departments for review and approval.
c. A Certificate of Appropriateness shall be required for properties that meet the State or local criteria for historic resources.
2. Work/Live Units Permit Required. No building shall be used for work/live units unless a work/live permit has first been obtained from the Building Department.
3. Building Permit Required. No building or structure regulated by this Section shall be constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building, or portion thereof, has first been obtained from the Building Official.
4. Business License Requirement . No work/live unit shall be occupied without obtaining an appropriate business license pursuant to OMC Title 3 (Finance), Chapter 1 (Business License Regulations), commencing with Section 3-1.101.
5. Certificate of Occupancy.
a. Use and Occupancy. No work/live unit shall be used or occupied until the Building Official and the Fire Marshall have completed and approved their final inspection of the unit, and a certification of occupancy has been requested for the work/live unit. In a complex with multiple work/live units, an individual unit or units can receive final inspection(s), request a 334
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b. Occupancy Violations. Whenever any portion of a building designated as work/live is being used contrary to the provisions of this code, the Building Official may order such use discontinued within the unit or specified portion of the building. Provided the violation is not life threatening to the occupants within the building, such person shall discontinue the use within 7 days after the receipt of such notice, as prescribed by the Building Official, to make the structure, or portion thereof, comply with the requirements of this code.
E. Development Criteria. The following criteria shall be imposed upon the development of work/live units:
1. Work/live units may be located in upper stories, basements (below grade), or within the first floor of all commercial and industrial buildings.
2. Work/live developments that have frontage along Holt Boulevard or Euclid Avenue, where the City has designated a historic retail corridor, the first 20 FT of floor area depth at the street level frontage shall be devoted to pedestrian -oriented gallery, sho wroom, retail, or similar commercial activity, except that if the 20 FT of floor area depth exceeds 30 percent of the primary ground floor area, less than 20 FT of depth is allowed as determined appropriate by the Reviewing Authority.
3. Each work/live unit shall be provided a primary entry from common areas, such as hallways, corridors, and/or exterior portions of the building, including courtyards, breezeways, parking areas, common open spaces, and public spaces.
4. Where any unit containing a work/live occupancy is adjacent to any other unit containing a separate work/live occupancy, such units shall be separated by one -hour fire resistant floors and walls, except that if 2 or more work -live units are combined into a single suite, then the partition walls and floors do not need to be fire rated.
5. Doors opening into corridors shall be protected by 20-minute fire assemblies or solid wood doors, not less than 1.75 inches thick. Where an existing frame will not accommodate a
1.75-inch thick door, a 1.375- inch thick solid, bonded wood core door, or equivalent insulated steel door, shall be permitted. The doors shall be provided with a gasket so installed as to provide a seal where the door meets the stop on both sides and across the top.
6. The minimum area of a work/live unit shall be 700 SF. No more than 50 percent of the primary floor or level (i.e., excluding mezzanines, upper levels, and raised sleeping areas) of any individual work/live unit shall be used or arranged for residential purposes, such as a sleeping area and kitchen, except that in new construction, work/live units on upper floors, or on ground floors without public street frontage, do not have a minimum area set aside for work purposes.
7. The residential occupancy in any work/live unit shall not exceed 4 persons.
8. For the purposes of determining the minimum number of persons for which the building exiting system shall be designed, the occupant load factors prescribed by the California Building Code shall be used.
9. Each work/live unit shall have one openable window accessible for exiting, with an opening of not less than 20 inches wide by 30 inches high, or a second exit door. Any security bars 335
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-153 (Rev. 03.18.202507.01.2025) placed over required window openings shall be operable and have an opening not less than 20 inches wide by 30 inches high. Work/live units are not required to meet light and ventilation standards for habitable spaces if no life-safety hazard is created.
10. The life -safety requirements contained in the Building Code shall apply to all work/live units. For the purpose of providing a reasonable degree of life -safety for individuals occupying work/live units, the code provisions regarding dwelling units shall apply.
11. All work/live units shall be provided with single station smoke detectors, which shall receive their primary power from the building's wiring system and provided with a battery backup.
Smoke detectors shall be installed pursuant to approved manufacturer 's instructions and shall be mounted on the ceiling at a point centrally located in the residential portion of the unit and in each sleeping-room separated by floor to ceiling walls. In the working area of the work/live unit, one hardwired smoke detector shall be centrally located on the ceiling. Where the working area is subdivided into separate rooms by floor to ceiling walls, one smoke detector shall be installed on the ceiling of each workroom.
12. Any new commercial or industrial building developed with work/live units shall retain its industrial or commercial classification. Any building converted or partly converted to work/live units shall not be considered to have changed occupancy classification (i.e., there is no intensification of use).
13. All work/live units, including any alteration to a work/live unit, shall be required to meet the minimum life-safety standards set forth in this Section, and the following requirements:
a. Each work/live unit shall have a kitchen area consisting of a sink and garbage disposal, with ground fault interrupted circuit outlets provided.
b. Each work/live unit shall have sanitation facilities consisting of a toilet, lavatory, and shower and/or bathtub.
c. Each work/live unit shall have an approved UL listed heating system in the residential portion of the unit.
d. Habitable space shall have a dimension of not less than 7 FT.
e. Restrooms and bathrooms located on the primary floor area of a work/live unit shall be designed and equipped to be adaptable to ADA compliance, and shall include the following:
(1) 36-inch doors.
(2) Inside 60-inch diameter clear wheelchair turning radius.
(3) Water closet meeting ADA fixture specifications.
(4) Water closet with ADA clearances from adjacent walls.
(5) Walls shall include necessary blocking for the installation of ADA grab bars.
(6) Sinks shall meet ADA height and clearance specifications. 336
Division 5.03—Supplemental Land Use Regulations
(Rev. 03.18.202507.01.2025) Page 5.03-154 Ontario Development Code
(7) All switches and outlets shall meet ADA specifications.
f. Restrooms and bathrooms located on the second level of a work/live unit (e.g., mezzanines or upper levels) can follow residential standards for bathrooms if an ADA compliant restroom is available to visitors within the building and on an accessible path of travel from the unit. Table 5.03-8 (Minimum Number of Work/Live Units to be Equipped with a Shower Adaptable for ADA Compliance), below, prescribes the number of all work/live units within the building that shall be equipped with a shower that can be adapted for ADA compliance.
Table 5.03-7: Minimum Number of Work/Live Units to be Equipped with a Shower Adaptable for ADA Compliance Number of Work/Live Units Number of Units with Adaptable Showers Fewer Than 5 Units: None
5 to 12 Units: One Unit
13 to 20 Units: 2 Units
More than 20 Units: 2 Units, Plus One Unit for Each 7 Work/Live Units in Excess of 20 Units
14. Energy insulation need not be installed, nor energy audits and mitigations provided, resulting from work/live units being developed within an existing building. In addition, sound mitigations need not be provided or installed resulting from work/live units being developed within an existing building, unless otherwise required by a Conditional Use Permit. However, all new buildings shall comply with current Building Code requirements for new construction.
15. Stairways serving a mezzanine, or second level of a work/live unit, shall comply with the City's Building Code; stairs are to have an 8 -inch maximum rise a 9 -inch minimum run and a 30-inch minimum width. In addition, mezzanines of less than 400 SF may be accessed by spiral stairways or other similar reduced tread, open riser alternative stairways. A mezzanine can cover up to 50 percent of the primary floor area of a work/live unit without being considered a story or triggering additional exiting requirements.
16. An elevator need not be provided resulting from work/live units being developed within an existing building; however, all new buildings shall comply with current Building Code requirements for new construction.
17. Modifications that create a life-safety hazardous condition shall not be authorized by the Building Official. The Building Official shall have the power to render interpretations of this Section and to adopt and enforce rules and supplemental regulations, which are in conformance with the intent and purpose of this Section, in order to clarify the application of its provisions.
18. Existing buildings that are renovated to include work/live units shall be presumed to have adequate parking for both the renovated and unaltered portions of the building. Stalls for work/live units are not required to be covered or secured.
19. New construction of work/live units shall provide off-street parking facilities pursuant to Division 6.03 (Off-Street Parking and Loading) of this Development Code. The intent is to provide lower, flexible parking standards wherever possible and appropriate. Consideration shall be given to shared parking systems, on and off street parking resources, compatibility with historic patterns of development, and the availability of mass transit resources.
337
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-155 (Rev. 03.18.202507.01.2025) F. Conditions of Approval. The following conditions of approval shall be imposed upon any work/live units established pursuant to this Section:
1. Business hours shall be clearly posted within the main lobby area of the building containing work/live units.
2. Sales of artists' materials shall be restricted to products of the occupant and similar or related items. Sales of drug and tobacco related paraphernalia/accessories are prohibited.
3. Work/live units shall be occupied and used only by an artist, artisan, professional, or a similarly situated individual and their family, consisting of not more than 4 unrelated persons. 338
Chapter 6.0:
Development and Subdivision Regulations
Division 6.01—District Standards and Guidelines
Division 6.02—Walls, Fences and Obstructions
Division 6.03—Off-Street Parking and Loading
Division 6.04—Congestion Management and Trip Reduction
Division 6.05—Landscaping
Division 6.06—Street Naming and Address Numbering
Division 6.07—Reserved
Division 6.08—Development Projects and Subdivisions
Division 6.09—Reserved
Division 6.10—Reserved
Division 6.11—Shopping Cart Retention and Storage
339
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340
Ontario Development Code Page 6.02-1 (Rev. 05.02.2023)
Division 6.01—District Standards and Guidelines
Sections:
6.01.000: Purpose
6.01.005: Applicability
6.01.010: Residential Zoning Districts
6.01.015: Commercial Zoning Districts
6.01.020: Mixed Use Zoning Districts
6.01.025: Industrial Zoning Districts
6.01.030: Specialized Use Zoning Districts
6.01.035: Overlay Zoning Districts
6.01.000: Purpose
This Division addresses development standards and guidelines, to ensure that proposed development produces an environment of stable and desirable character, is compatible with existing and future development in the vicinity, and protects the use and enjoyment of neighboring properties consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.
6.01.005: Applicability
A. New Development Projects and Land Uses. The requirements of this Chapter shall apply to all proposed development projects and subdivisions, and new land uses, except as specified in Division 3.01 ( Nonconforming Lots, Uses, Structures, and Signs), and shall be considered in combination with the provisions of Division 5.03 (Standards for Specific Land Uses, Activities, and Facilities). If any provision of this Division conflicts with the standards contained in Division 5.03 (Standards for Specific Land Uses, Activities, and Facilities), the standards contained in Division
5.03 (Standards for Specific Land Uses, Activities, and Facilities) shall control.
B. Conformity with District Regulations.
1. No site or structure shall be used for any purpose or in any manner other than in conformity with the regulations of the zoning district in which the site or structure is located.
2. No structure is to be erected and no existing structure is to be moved, altered , or enlarged, except in conformity with the regulations of the zoning district in which the structure or use is located.
3. No required yard or open space area related to any structure or use shall be used, encroached upon, or reduced in any manner, except in conformity with the regulations of the zoning district in which the yard or open space is located.
4. No lot or parcel shall be reduced in area to less than the minimum area prescribed for the district in which the site is located, unless a Variance is granted pursuant to Section 4.02.020 (Departures from Development Standards) of this Development Code.
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5. Any lot that is shown on a recorded map prior to November 5, 1947, and that had a legal area, width, and frontage at the time the subdivision map was recorded or the lot was legally created, may be used for an allowed land use, and shall be subject to all other regulations applicable to the zoning district in which the site is located.
6.01.010: Residential Zoning Districts
A. Purpose. The purpose of the provisions of this Section is to ensure that development within residential zoning districts of the City will contribute toward an urban environment of stable, desirable character; which is harmonious with existing and future development; and is consistent with the goals and policies of the Policy Plan (General Plan) component of The Ontario Plan. These regulations are further established to:
1. Assist in implementing the goals and objectives of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. Reserve appropriate areas for residential living in a variety of dwelling types and tenures, at reasonable ranges of population densities, that will accommodate the City 's future population growth;
3. Encourage the continued vitality of existing neighborhoods, and, where appropriate, encourage the revitalization of neighborhoods by the use of appropriate standards and incentives;
4. Provide a physical environment that contributes to, and enhances, the quality of life;
5. Promote stable neighborhoods that are well designed, safe, and pleasant places to live, and that contributes to the establishment of Ontario as a "complete community;"
6. Ensure adequate light, air, privacy, and open space for dwellings;
7. Establish architectural and design guidelines to encourage a high quality appearance of new and remodeled structures;
8. Establish standards ensuring that new infill residential construction is consistent with the character and fabric of existing neighborhoods, including densities, design and exterior appearance;
9. Protect residential properties from the hazards of traffic congestion, noise, fire, explosion, noxious fumes, and other hazards;
10. Facilitate the provision of public utilities and services commensurate with their need; and
11. Allow for innovative and flexible methods of implementing the goals and policies of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.
B. Applicability. The standards and guidelines established by this Section shall apply to each of the City 's residential zoning districts. The provisions of this Section shall apply to all residential 342
Ontario Development Code Page 6.02-3 (Rev. 05.02.2023)
land subdivision and any new residential construction, addition, remodel, or reallocation requiring a building permit or other similar entitlement by the City.
C. Development Standards. The design and development of residentially zoned properties shall comply with the following:
1. Traditional Single-Family Residential Development Standards.
a. Traditional single-family residential development projects shall comply with the requirements of Table 6.01 -1 (Traditional Single -Family Residential Development Standards), which specifies development standards within the AR-2, RE-2, RE-4, LDR-5, MDR-11, MDR-18, MDR- 25, and HDR-45 zoning districts.
b. Traditional single -family residential development projects consist of the construction of one or more single-family (detached) dwellings within zoning districts that allow for such development pursuant to Table 5.01 -1 (Land Use Matrix) of this Development Code and which meet or exceed the minimum lot size (area and dimensions) of the affected zoning district, as prescribed in Table 6.01-1 (Traditional Single-Family Residential Development Standards) of this Division. Examples of traditional single-family residential development are contained in Figure 6.01- 1A (Example Development —Traditional Single -Family Residential) and Figure 6.01 -1B (Example Development—Traditional Single-Family Residential with Public Alley Access) of this Division.
2. Small Lot Traditional Single-Family Residential Development Standards.
a. Small lot traditional single-family residential development projects shall comply with the requirements of Table 6.01 -2A (Small Lot Traditional Single -Family Residential Development Standards), which specifies development standards within the LDR-5, MDR-11, MDR- 18, MDR-25, and HDR-45 zoning districts.
b. Small lot traditional single-family residential development projects consist of the construction of single -family (detached) dwellings in zoning districts that allow for such development pursuant to Table 5.01 -1 (Land Use Matrix) of this Development Code, and which meet or exceed the minimum lot size (area and dimensions) of the affected zoning distr ict, as prescribed in Table 6.01 -2A (Small Lot Traditional Single -Family Residential Development Standards) of this Division. Examples of traditional single -family residential development are contained in Figure 6.01 -2A (Example Development —Small Lot Traditional Single -Family Residential) of this Division.
3. Small Lot Alley-Loaded Single-Family Residential Development Standards.
a. Small lot alley -loaded single-family residential development projects shall comply with the requirements of Table 6.01 -2B (Small Lot Alley -Loaded Single-Family Residential Development Standards), which specifies development standards within the LDR-5, MDR-11, MDR- 18, MDR-25, and HDR-45 zoning districts.
b. Small lot alley-loaded single-family residential development projects consist of the construction of one or more single-family (detached) dwellings, which take garage access from a private lane/alleyway or public alley, and are located within zoning districts that allow for such development pursuant to Table 5.01 -1 (Land Use Matrix) of this Development Code, and which meet or exceed the minimum lot size (area and dimensions) of the affected zoning district, as prescribed in Table 6.01 -2B (Sm all Lot Alley -Loaded Single-Family Residential Development Standards) of this Division. An e xample of small lot alley -loaded single-family residential 343
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-4 Ontario Development Code
development is contained in Figure 6.01 -2B (Example Development —Small Lot Alley -Loaded Single-Family Residential) of this Division.
4. Cluster Single-Family Residential Development Standards.
a. Cluster single-family residential development projects shall comply with the requirements of Table 6.01 -2C (Cluster Single -Family Residential Development Standards), which specifies development standards within the LDR -5, MDR-11, MDR-18, MDR-25, and HDR-45 zoning districts.
b. Cluster single-family residential development projects consist of the construction of 3 or more single -family (detached) dwellings, which take garage access from a private lane/alleyway or public alley, and are located within zoning districts that allow for such development pursuant to Table 5.01 -1 (Land Use Matrix) of this Development Code, and which meet or exceed the minimum lot size (area and dimensions) of the affected zoning district, as prescribed in Table 6.01 -2C (Cluster Single-Family Residential D evelopment Standards) of this Division. An example of cluster single-family residential development is contained in Figure 6.01 - 2C (Example Development—Cluster Single-Family Residential) of this Division.
5. Multiple-Family Residential Development Standards.
a. Multiple-family (attached) residential development projects shall comply with the requirements of Table 6.01-3 (Multiple-Family Residential Development Standards), which specifies development standards within the MDR-11, MDR-18, MDR-25, and HDR-45 zoning districts.
b. Multiple-family (attached) residential development projects consist of the construction of multiple -family (attached) dwellings in zoning districts that allow for such development pursuant to Table 5.01 -1 (Land Use Matrix) of this Development Code, and which meet or exceed the development standards prescribed in Table 6.01-3 (Multiple-Family Residential Development Standards) of this Division. Examples of multiple -family residential development are contained in Figure 6.01-3A (Example Multiple-Family Development—MDR-11 (5.1 to 11.0 DU/Acre) Zoning District), Figure 6.01 -3B (Example Multiple -Family Development —MDR-18 (11.1 to 18.0 DU/Acre) Zoning District), Figure 6.01-3C (Example Multiple-Family Development—MDR-25 (18.1 to
25.0 DU/Acre) Zoning District), and Figure 6.01-3D (Example Multiple -Family Development—HDR- 45 (25.1 to 45.0 DU/Acre) Zoning District) of this Division.
6. Nonresidential Land Uses within Residential Zoning Districts. Nonresidential land uses allowed within residential zoning districts pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code shall comply with the setback requirements applicable to multiple -family developments, except as follows:
a. The minimum building setback from any exterior (front and street side) property line that abuts a street or public alley shall meet the requirements of the zoning district upon which the building is located.
b. The minimum building setback from any interior residential property line (a property line that abuts another residentially zoned property) shall be 25-FT.
c. The minimum off -street parking space, drive aisle, or driveway setback, from any exterior property line or from any interior residential property line, shall be 10-FT. Off-street parking facilities shall not be located adjacent to a Euclid Avenue property line.
344
Ontario Development Code Page 6.02-5 (Rev. 05.02.2023)
Table 6.01-1: Traditional Single-Family Residential Development Standards Requirements
Residential Zoning Districts
Additional
Regulations AR-2 RE-2 RE-4 LDR-5
MDR-11,
MDR-18,
MDR-25 &
HDR-45
A. SITE DEVELOPMENT STANDARDS
1. Density Range (minimum
to maximum, in dwelling units per
acre)
0 to 2.0 0 to 2.0 2.1 to 4.0 2.1 to 5.0 MDR-11:
5.1 to 11.0
MDR-18:
11.1 to 18.0
MDR-25:
18.1 to 25.0
HDR-45:
25.1 to 45.0
Notes 2, 4 & 5
2. Minimum Lot Size
a. Minimum (in SF) 18,000 10,000 7,200 5,000 Note 1
b. Average (in SF) 18,000 8,000 6,000
3. Maximum Lot Coverage 30% 40% 50% 60%
4. Minimum Lot Dimensions
a. Lot Width
(1) Interior Lots 100 FT 70 FT 60 FT 50 FT Note 1
(2) Corner Lots 120 FT 80 FT 65 FT 50 FT Note 1
(3) Cul-de-Sac Lots
(a) At Front
Property Line
40 FT Note 1
(b) At Front
Building Setback
70 FT 60 FT 40 FT Note 1
b. Lot Depth 135 FT 100 FT 75 FT 100 FT Note 1
5. Equestrian Trails Required Yes No If yes, see Section
6.01.010. G.9
6. Walls, Fences, and
Obstructions
Refer to Section 6.02.020 (Design Standards for Residential Zoning Districts).
7. Off Street Parking Refer to Division 6.03 (Off-Street Parking and Loading).
8. Landscaping Refer to Division 6.05 (Landscaping) and Paragraph
6.01.010.G.6 (Landscaping).
9. Property Appearance and
Maintenance Refer to Division 6.10 (Property Appearance and Maintenance).
10. Historic Preservation Certain portions of residential zoning districts are identified as historic or potentially historic and are listed on the City's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02 (Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
11. Signs Refer to Division 8.1 (Sign Regulations).
12. Security Standards Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
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(Rev. 05.02.2023) Page 6.02-6 Ontario Development Code
Table 6.01-1: Traditional Single-Family Residential Development Standards Requirements
Residential Zoning Districts
Additional
Regulations AR-2 RE-2 RE-4 LDR-5
MDR-11,
MDR-18,
MDR-25 &
HDR-45
13. Noise Habitable structures shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
14. Airport Safety Zones Properties within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
B. BUILDING DEVELOPMENT STANDARDS
1. Minimum Setback from
Street and Alley Property Lines
Note 9
a. From Freeways 20 FT
b. From Arterial Streets 30 FT – Front
For street side and rear setbacks, refer to the Collector and Local Streets standards, below.
Note 7
c. From Collector and
Local Streets
30 FT 20 FT – Front
10 FT – Front Garage Other (side-on
condition)
10 FT – Street Side
10 FT – Street Rear 1st Floor
20 FT – Street Rear 2nd/3rd Floor
Note 7
d. From Rear Alleys 10 FT – 1st Floor
20 FT – 2nd/3rd Floor
5 FT –Garage Entry (1st Floor Only)
10 FT –Garage Other (1st Floor Only)
For side alley conditions, refer to the Interior Property Lines standards, below.
Note 8
2. Minimum Setbacks from
Interior Property Lines
a. From Side Property
Lines
10 FT 5 FT Note 3
b. From Rear Property
Lines
25 FT 10 FT – 1st Floor Living Area
20 FT – 2nd/3rd Floor Living Area
10 FT – Patio Covers
3. Minimum Separation
Between Buildings
6 FT (from buildings on the same lot)
4. Maximum Height 35 FT
5. Minimum Setback from
Major Pipelines
50 FT (to any habitable structures) Note 6
Notes:
1. An existing lot of record that is substandard as to minimum "lot" area and/or dimension(s) shall be granted all development rights of the zoning district in which it is located (refer to Subsection 3.01.010.B of this Development Code). 346
Ontario Development Code Page 6.02-7 (Rev. 05.02.2023)
2. A density bonus and other incentives pursuant to GC 65915 through 65918 may be granted by the Approving Authority. Refer to Subsection 6.01.010.H (Density Bonus and Other Incentives) of this Section.
3. When vehicle parking is provided at the rear of a lot (whether within a garage or carport, or uncovered) that does not have alley access, a minimum 10 -FT interior side building setback, which is clear of meters and mechanical equipment, shall be provided to ensure clear vehicular access to the rear of the lot.
4. Lots with a maximum density calculation of less than one dwelling shall be allowed the construction of one dwelling unit.
5. A residentially zoned lot shall be developed at no less than the minimum number of dwelling units allowed within the specified density range for the applicable zoning district, except that If, as a result of the configuration/design of a lot, the minimum residential density cannot be achieved, the lot may be developed with a maximum of one dwelling unit.
6. Includes major high pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16 -inch and a 20 -inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right -of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pa cific right-of-way, then parallel to the northerly side of the right- of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.
7. On a lot having a street adjacent rear property line (arterial, collector and local streets, only), for the purpose of wall placement, each wall shall be setback a minimum of 5 FT behind the street property line to allow for landscaping beyond any required parkway landscaping.
8. A traditional single-family lot shall maintain a useable rear yard area having minimum horizontal dimension of 20 FT in any direction and a clear vertical dimension of 8 FT.
9. The minimum setback from private streets shall be measured from a line running parallel to the street, which is located 12 FT behind face-of-curb (a.k.a., "parkway").
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-8 Ontario Development Code
Figure 6.01-1A: Example Development—Traditional Single-Family Residential 5' Min
3' Min
20' Min
14' Min
20' Min
2nd-Story
10' Min
First-Story
STREET
SIDE STREET
18' Min
348
Ontario Development Code Page 6.02-9 (Rev. 05.02.2023)
Figure 6.01-1B: Example Development—Traditional Single-Family Residential with Public Alley Access 8' Min
10' Min
5' Min 5' Min
25' Min
10' First-Story
20' 2nd-Story
20' Min
14' Min
30' Min
20' Min
ALLEY
STREET
SIDE STREET
5' Min
349
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-10 Ontario Development Code Table 6.01-2A: Small Lot Traditional Single-Family Residential Development Standards Requirements Residential Zoning Districts Additional
Regulations
LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
A. SITE DEVELOPMENT STANDARDS
1. Density Range (minimum
to maximum, in dwelling units per
acre)
2.1 to 5.0 5.1 to 11.0 MDR-18: 11.1 to 18.0
MDR-25: 18.1 to 25.0
HDR-45: 25.1 to 45.0
Notes 2, 3 & 4
2. Minimum Project Area One acre Note 1
3. Minimum Lot Size 4,000 SF – Interior Lot
4,500 SF – Corner Lot
2,800 SF – Interior Lot
3,200 SF – Corner Lot
4. Maximum Lot Coverage 55% 60% 70%
5. Minimum Lot Dimensions
a. Lot Width 40 FT – Interior Lots
45 FT – Corner Lots
35 FT – Interior Lots
40 FT – Corner Lots
b. Lot Depth 75 FT 70 FT
6. Minimum Parking Space
(Uncovered), Drive Aisle, and
Driveway Setbacks
a. From Project Boundary
Street Property Lines
20 FT - Freeways
30 FT – Arterial Streets
20 FT – All Other Streets
b. From Project Boundary
Interior Property Lines
5 FT
7. Equestrian Trails Required No
8. Walls, Fences, and
Obstructions
Refer to Section 6.02.020 (Design Standards for Residential Zoning Districts).
9. Off Street Parking Refer to Division 6.03 (Off-Street Parking and Loading).
10. Open Space and
Recreation Amenities
Refer to Subsection 6.01.010.E ( Open Space Requirements for Small Lot Traditional and Alley -Loaded Development Projects, Cluster Single -Family Development Projects, and Multiple - Family and Mixed-Use Development Projects).
11. Landscaping Refer to Division 6.05 (Landscaping) and Paragraph
6.01.010.G.6 (Landscaping).
12. Property Appearance and
Maintenance
Refer to Division 6.10 (Property Appearance and
Maintenance).
13. Historic Preservation Certain portions of residential zoning districts are identified as historic or potentially historic and are listed on the City's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02
(Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
14. Signs Refer to Division 8.1 (Sign Regulations).
15. Security Standards Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
350
Ontario Development Code Page 6.02-11 (Rev. 05.02.2023) Table 6.01-2A: Small Lot Traditional Single-Family Residential Development Standards Requirements Residential Zoning Districts Additional
Regulations
LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
16. Noise Habitable structures shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
17. Airport Safety Zones Properties within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
B. BUILDING DEVELOPMENT STANDARDS
1. Minimum Setback from
Street Property Lines
Note 7
a. From Freeways 20 FT
b. From Arterial Streets 30 FT – Front
For street side, rear, and alley setbacks, refer to the Collector and Local Streets standards, below.
c. From Collector and
Local Streets
(1) From Street Front 14 FT – Living Area
18 FT – Garage Entry
10 FT – Other Garage (side-on condition)
(2) From Street Side 10 FT Note 6
(3) From Street Rear 10 FT – 1st Floor
15 FT – 2nd/3rd Floors
18 FT – Garage Entry
5 FT –Garage Other (1st Floor Only)
5 FT – Patio Covers
Note 6
d. From Alley Rear 5 FT –Garage (1st Floor Only)
10 FT – Rear 2nd/3rd Floors
For side alley conditions, refer to the Interior Property Lines standards, below.
2. Minimum Setback from
Interior Property Lines
a. From Side Property
Lines
5/4 FT Note 8
b. From Rear Property
Lines
10 FT - Living Area
5 FT –Garage (1st Floor Only)
5 FT – Patio Cover to Side or Rear
3. Minimum Separation
Between Buildings
6 FT (from buildings on the same lot)
4. Maximum Building Height 35 FT
5. Minimum Setback from
Major Pipelines
50 FT (to habitable structures) Note 5
351
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-12 Ontario Development Code Notes:
1. An existing lot of record that is substandard as to minimum "project" area and/or dimension(s) shall be permitted the development rights of the zone in which it is located, except that the maximum density shall be limited to the minimum allowed within the density range.
2. A density bonus and other incentives pursuant to GC 65915 through 65918 may be granted by the Approving Authority. Refer to Subsection 6.01.010.H (Density Bonus and Other Incentives).
3. Lots with a maximum density calculation of less than 1.00 may be developed with one dwelling unit.
4. A residentially zoned lot shall be developed at no less than the minimum number of dwelling units allowed within the specified density range for the applicable zoning district, except that If, as a result of the configuration/design of a lot, the minimum residential density cannot be achieved, the lot may be developed with a maximum of one dwelling unit.
5. Includes major high pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16 -inch and a 20 -inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right -of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pacific right -of-way, then parallel to the northerly side of the right- of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.
6. On a lot having a street adjacent side or rear property line, for the purpose of wall placement, each wall shall be setback a minimum of 5 FT behind the street property line to allow for landscaping beyond any required parkway landscaping.
7. The minimum setback from private streets shall be measured from a line running parallel to the street, which is located 12 FT behind face-of-curb (a.k.a., "parkway").
8. The interior side property line setback may be reduced to 4 FT if the setback area is combined with the side setback area of the adjacent property to create a single minimum 8-FT wide outdoor use area clear of walls, thereby allowing a minimum 8–FT wide side to side building separation.
352
Ontario Development Code Page 6.02-13 (Rev. 05.02.2023)
Figure 6.01-2A: Example Development—Small Lot Traditional Single-Family Residential Small Lot Traditional Single-Family
Residential; 4,000/4,500 SF Lots
Small Lot Traditional Single-Family
Residential; 2,800/3,200 SF Lots
18' Min
10' Min
14' Min
10' Min
10' Min (1st Story)
15' Min (2nd/3rd Story)
5'Min
14' Min
10' Min
3' Min
14' Min
5'/4' Min
Potential exclusive use
side yard easement
areas (typ.)
SIDE STREET
SIDE STREET
STREET
5' Min
5' Min
10' Min
10' Min
14' Min
10' Min
14' Min
10' Min
5' Min
18' Min
18' Min
14' Min
14' Min
14' Min
5'/4' Min
STREET
SIDE STREET
SIDE STREET
10'/8' Min
10'/8' Min
353
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-14 Ontario Development Code Table 6.01-2B: Small Lot Alley-Loaded Single-Family Development Standards Requirements Residential Zoning Districts Additional
Regulations
LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
A. SITE DEVELOPMENT STANDARDS
1. Density Range (minimum
to maximum, in dwelling units per
acre)
2.1 to 5.0 5.1 to 11.0 MDR-18: 11.1 to 18.0;
MDR-25: 18.1 to 25.0;
HDR-45: 25.1 to 45.0
Notes 2, 3 & 4
2. Minimum Project Area One acre Note 1
3. Minimum Project
Dimensions
200 FT – Width
200 FT - Depth
Note 1
4. Minimum Lot Size
a. Lot width 40 FT – Interior Lots
45 FT – Corner Lots
35 FT – Interior Lots
40 FT – Corner Lots
b. Lot Depth 75 FT 70 FT
5. Maximum Lot Coverage 55% 60% 70%
6. Minimum Lot Dimensions N/A
7. Minimum Parking Space
(Uncovered) and Private Street,
Drive, or lane/Alleyway Setbacks
a. From Project Boundary
Street Property Lines
20 FT - Freeways
30 FT – Arterial Streets
20 FT – Other Streets
b. From Project Boundary
Interior Property Lines
5 FT
8. Equestrian Trails Required No
9. Walls, Fences, and
Obstructions
Refer to Section 6.02.020 (Design Standards for Residential Zoning Districts).
10. Off Street Parking Refer to Division 6.03 (Off-Street Parking and Loading).
11. Open Space and
Recreation Amenities
Refer to Subsection 6.01.010.E ( Open Space Requirements for Small Lot Traditional and Alley -Loaded Development Projects, Cluster Single -Family Development Projects, and Multiple - Family and Mixed-Use Development Projects).
12. Landscaping Refer to Division 6.05 (Landscaping) and Paragraph
6.01.010.G.6 (Landscaping).
13. Property Appearance and
Maintenance
Refer to Division 6.10 (Property Appearance and
Maintenance).
14. Historic Preservation Certain portions of residential zoning districts are identified as historic or potentially historic and are listed on the City's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02
(Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
15. Signs Refer to Division 8.1 (Sign Regulations).
16. Security Standards Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
354
Ontario Development Code Page 6.02-15 (Rev. 05.02.2023) Table 6.01-2B: Small Lot Alley-Loaded Single-Family Development Standards Requirements Residential Zoning Districts Additional
Regulations
LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
17. Noise Habitable structures shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
18. Airport Safety Zones Properties within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
B. BUILDING DEVELOPMENT STANDARDS
1. Minimum Setback from
Street Property Lines
Note 8
a. From Freeways 20 FT
b. From Arterial Streets 30 FT Note 5
c. From Collector and
Local Streets
10 FT - Front
10 FT – Street Sides
15 FT – Street Rear
Note 5
2. Minimum Setback from
Project Boundary Property Lines
10 FT – Project Boundaries
5/4 FT – Side
10 FT – Rear
5 FT – Patio Cover
Note 6
3. Minimum Setback from
Private Drives
10 FT – Living Area
6 FT – Porch (Single-Story)
18 FT – Garage Entry
10 FT – Other Garage (side/rear)
Note 8
4. Minimum Setback from
Private Lanes/Alleyways
10 FT – Living Area
5 FT – Garage
5. Minimum Setback from
Parking Spaces
10 FT
6. Minimum Separations
Between Buildings
a. Dwelling Front to Front 25 FT
b. Dwelling Front to Side 20 FT
c. Dwelling Side to Side 10/8 FT Note 6
d. Dwelling Rear to Rear 20 FT
e. Garage to Garage 30 FT – Entry to Entry
30 FT – Entry to Side
10/8 FT – Side to Side
10/8 FT – Side to Rear
Note 6
7. Maximum Building Height 35 FT
8. Minimum Setback from
Major Pipelines
50 FT (to habitable structures) Note 7
Notes:
355
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-16 Ontario Development Code
1. An existing lot of record that is substandard as to minimum "project" area and/or dimension(s) shall be permitted the development rights of the zone in which it is located, except that the maximum density shall be limited to the minimum allowed within the density range.
2. A density bonus and other incentives pursuant to GC 65915 through 65918 may be granted by the Approving Authority. Refer to Subsection 6.01.010.H (Density Bonus and Other Incentives).
3. Lots with a maximum density calculation of less than 1.00 may be developed with one dwelling unit.
4. A residentially zoned lot shall be developed at no less than the minimum number of dwelling units allowed within the specified density range for the applicable zoning district, except that If, as a result of the configuration/design of a lot, the minimum residential density cannot be achieved, the lot may be developed with a maximum of one dwelling unit.
5. On lot having a street -adjacent side or rear property line, for the purpose of wall placement, each wall shall be setback a minimum of 5 FT behind the street property line to allow for landscaping beyond any required parkway landscaping.
6. The interior side property line setback may be reduced to 4 FT if the setback area is combined with the side setback area of the adjacent property to create a single minimum 8-FT wide outdoor use area clear of walls, thereby allowing a minimum 8–FT wide side to side building separation.
7. Includes major high pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16 -inch and a 20 -inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right -of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pa cific right-of-way, then parallel to the northerly side of the right- of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.
8. The minimum setback from private streets shall be measured from a line running parallel to the street, which is located 12 FT behind face-of-curb (a.k.a., "parkway").
356
Ontario Development Code Page 6.02-17 (Rev. 05.02.2023)
Figure 6.01-2B: Example Development—Small Lot Alley-Loaded Single-Family Residential Example Note: Private lanes/alleyways shall
be provided with enhanced
paving, such as interlocking
pavers, integral color stamped
and/or scored concrete, or other
similar materials acceptable to
the Planning Director.
LANE/ALLEYWAY
LANE/ALLEYWAY
STREET
STREET
20' Min
30' Min 10' Min
6' Min
20' Min
10' Min
6' Min
5'/4' Min
10'/8' Min
Potential exclusive use
side yard easement
areas (typ.)
357
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-18 Ontario Development Code Table 6.01-2C: Cluster Single-Family Residential Development Standards Requirements
Residential Zoning Districts
Additional
Regulations LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
A. SITE DEVELOPMENT STANDARDS
1. Density Range (minimum
to maximum, in dwelling units per
acre)
2.1 to 5.0 5.1 to 11.0 MDR-18: 11.1 to 18.0
MDR-25: 18.1 to 25.0
HDR-45: 25.1 to 45.0
Notes 2, 3 & 4
2. Minimum Project Area One acre Note 1
3. Minimum Project
Dimensions
200 FT - Width
200 FT - Depth
Note 1
4. Minimum Lot Size N/A
5. Maximum Lot Coverage N/A
6. Minimum Lot Dimensions N/A
7. Minimum Parking Space
(Uncovered) and Private Street,
Drive, or lane/Alleyway Setbacks
a. From Project
Boundary Street Property Lines
20 FT - Freeways
30 FT – Aerial Streets
20 FT – Other Streets
b. From Project
Boundary Interior Property Lines
5 FT
8. Equestrian Trails Required No
9. Walls, Fences, and
Obstructions
Refer to Section 6.02.020 (Design Standards for Residential Zoning Districts).
10. Off Street Parking Refer to Division 6.03 (Off-Street Parking and Loading).
11. Open Space and
Recreation Amenities
Refer to Subsection 6.01.010.E ( Open Space Requirements for Small Lot Traditional and Alley-Loaded Development Projects, Cluster Single-Family Development Projects, and Multiple -Family and Mixed-Use Development Projects).
12. Landscaping Refer to Division 6.05 (Landscaping) and Paragraph 6.01.010. G.6 (Landscaping).
13. Property Appearance and
Maintenance Refer to Division 6.10 (Property Appearance and Maintenance).
14. Historic Preservation Certain portions of residential zoning districts are identified as historic or potentially historic and are listed on the City 's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02 (Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
15. Signs Refer to Division 8.1 (Sign Regulations).
16. Security Standards Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
17. Noise Habitable structures shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
358
Ontario Development Code Page 6.02-19 (Rev. 05.02.2023) Table 6.01-2C: Cluster Single-Family Residential Development Standards Requirements
Residential Zoning Districts
Additional
Regulations LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
18. Airport Safety Zones Properties within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
B. BUILDING DEVELOPMENT STANDARDS
1. Minimum Setback from
Public Street Property Lines
Note 8
a. Freeways 20 FT
b. Arterial Streets 30 FT Note 5
c. Collector and
Local Streets
20 FT - Front
10 FT – Street Sides
15 FT – Street Rear
Note 5
2. Minimum Setback from
Interior Property Lines
10 FT – Project Boundaries
4 FT – Side
4 FT – Rear
4 FT – Patio Cover
Note 6
3. Minimum Setback from
Private Drives
10 FT – Living Area
5 FT – Porch (Single-Story)
< 5 FT or > 18 FT – Garage Entry
10 FT – Garage Other
Note 8
4. Minimum Setback from
Lanes/Alleyways (measured from
back-of-curb)
5 FT – Living Area
5 FT – Porch (Single-Story)
5 FT – Garage
5. Minimum Setback from
Parking Spaces
10 FT – Living Area
8 FT – Porch (Single-Story)
5 FT - Garage
6. Minimum Separation
Between Buildings
a. Dwelling Front to Front 30 FT
b. Dwelling Front to Side 14 FT Note 6
c. Dwelling Side to Side 8 FT Note 6
d. Dwelling Side to Rear 8 FT
e. Dwelling Rear to Rear 16 FT
f. Garage to Garage 30 FT – Entry to Entry
30 FT – Entry to Side
8 FT – Side to Side
8 FT – Side to Rear
Note 6
7. Maximum Building Height 35 FT
8. Minimum Setback from
Major Pipelines
50 FT (to habitable structures) Note 7
359
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-20 Ontario Development Code Notes:
1. An existing lot of record that is substandard as to minimum "project" area and/or dimension(s) shall be permitted the development rights of the zone in which it is located, except that the maximum density shall be limited to the minimum allowed within the density range.
2. A density bonus and other incentives pursuant to GC 65915 through 65918 may be granted by the Approving Authority. Refer to Subsection 6.01.010.H (Density Bonus and Other Incentives).
3. Lots with a maximum density calculation of less than 1.00 may be developed with one dwelling unit.
4. A residentially zoned lot shall be developed at no less than the minimum number of dwelling units allowed within the specified density range for the applicable zoning district, except that If, as a result of the configuration/design of a lot, the minimum residential density cannot be achieved, the lot may be developed with a maximum of one dwelling unit.
5. On a lot having a street- adjacent side or rear property line, for the purpose of wall placement, each wall shall be setback a minimum of 5 FT behind the street property line to allow for landscaping beyond any required parkway landscaping.
6. The interior side property line setback may be combined with the side setback area of the adjacent property to create a single minimum 8-FT wide outdoor use area clear of walls, which is defined in the project CC&Rs.
7. Includes major high pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16 -inch and a 20 -inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right -of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pa cific right-of-way, then parallel to the northerly side of the right- of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.
8. The minimum setback from private streets and drives shall be measured from a line running parallel to the street/drive, which is located 12 FT behind face-of-curb (a.k.a., "parkway").
360
Ontario Development Code Page 6.02-21 (Rev. 05.02.2023)
Figure 6.01-2C: Example Development—Cluster Single-Family Residential Note: Private lanes/alleyways shall
be provided with enhanced
paving, such as interlocking
pavers, integral color stamped
and/or scored concrete, or other
similar materials acceptable to
the Planning Director.
PRIVATE DRIVE
Lane/Alleyway
4' Min 4' Min
30' Min
10' Min
From
Project
Boundary
4'/4' Min
8' Min
Potential exclusive use
side yard easement
areas (typ.)
20' Min
10' Min
361
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-22 Ontario Development Code Table 6.01-3: Multiple-Family Residential Development Standards Requirements Residential Zoning Districts Additional
Regulations MDR-11 MDR-18 MDR-25 HDR- 45
A SITE DEVELOPMENT STANDARDS
1. Density Range (minimum to
maximum, in dwelling units per
acre)
5.1 to 11.0 11.1 to 18.0 18.1 to 25.0 25.1 to 45.0 Notes 1, 2, 6 & 7
2. Minimum Project Area 0.23 Acre (10,000 SF) 1.0 AC Note 1
3. Minimum Project
Dimensions
a. Width 100 FT 180 FT Note 1
b. Depth 100 FT 200 FT Note 1
4. Maximum Project
Coverage
60% 100%
5. Minimum Lot Size N/A
6. Maximum Lot Coverage N/A
7. Minimum Lot Dimensions
a. Lot Width Refer to Subsection 6.08.045.C (Common Interest Subdivisions are Exempt from Minimum Lot Area and Building Setback
Requirements).
b. Lot Depth
8. Minimum Parking Space
(Uncovered), Drive Aisle and
Driveway Setbacks
a. From Project Boundary
Street Property Line
20 FT – Freeways
20 FT – Arterial Streets
10 FT – Collector and Local Streets
10 FT –
Freeways
10 FT – Arterial
Streets
10 FT – Collector
and Local
Streets
b. From Project Boundary
Interior Property Line
5 FT
9. Equestrian Trails Required No
10. Walls, Fences and
Obstructions
Refer to Section 6.02.020 (Design Standards for Residential Zoning Districts).
11. Off Street Parking Refer to Division 6.03 (Off-Street Parking and Loading).
12. Open Space and
Recreation Amenities
Refer to Subsection 6.01.010.E ( Open Space Requirements for Small Lot Traditional and Alley -Loaded Development Projects, Cluster Single-Family Development Projects, and Multiple-Family and Mixed-Use Development Projects).
13. Landscaping Refer to Division 6.05 (Landscaping) landscape standards. Also refer to Paragraph 6.01.010. G.6.c (Single -Family Cluster and Multiple-Family Development) for additional standards
addressing multiple -family development within commercial zoning districts.
14. Property Appearance and
Maintenance Refer to Division 6.10 (Property Appearance and Maintenance). 362
Ontario Development Code Page 6.02-23 (Rev. 05.02.2023) Table 6.01-3: Multiple-Family Residential Development Standards Requirements Residential Zoning Districts Additional
Regulations MDR-11 MDR-18 MDR-25 HDR- 45
15. Historic Preservation Certain portions of residential zoning districts are identified as historic or potentially historic and are listed on the City 's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02 (Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
16. Signs Refer to Division 8.1 (Sign Regulations).
17. Security Standards Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
18. Noise Habitable structures shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
19. Airport Safety Zones Properties within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
B BUILDING DEVELOPMENT STANDARDS
1. Minimum Setback from
Public Street Property Lines
20 FT – Freeways
30 FT – Arterial Streets
20 FT – Collector and Local Streets
10 FT Notes 3 & 9
2. Minimum Setback from
Interior Project Boundary Property
Lines
5 FT Note 4
3. Minimum Setback from
Public Alley Property Lines
5 FT
4. Minimum Setback from
Private Drives/Alleyways (from
edge of drive aisle)
a. Living Area 15 FT
b. Garages and Other
Nonhabitable Structures
5 FT
5. Minimum Setback from
Dwellings to Parking Spaces
a. Living Area 10 FT
b. Garages and Other
Nonhabitable Structures
5 FT
6. Minimum Setback from
Parking Space or Drive Aisle to Wall
or Fence
5 FT
7. Minimum Separation
Between Detached Buildings
a. Dwelling Front to Front < 2-Stories: 25 FT; > 3 Stories: 30 FT b. Dwelling Front to Rear < 2-Stories: 25 FT; > 3 Stories: 30 FT c. Dwelling Front to Side < 2-Stories: 25 FT; > 3 Stories: 30 FT d. Dwelling Side to Side < 2-Stories: 10 FT; > 3 Stories: 15 FT 363
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-24 Ontario Development Code Table 6.01-3: Multiple-Family Residential Development Standards Requirements Residential Zoning Districts Additional
Regulations MDR-11 MDR-18 MDR-25 HDR- 45
e. Dwelling Side to Rear 15 FT
f. Dwelling Rear to Rear 20 FT
g. Garage to Garage (or
other nonhabitable structures)
30 FT – Entry to Entry
30 FT – Entry to Side
10 FT – Side to Side
10 FT – Side to Rear
8. Minimum Storage Space 240 CF Note 5
9. Maximum Building Height 35 FT 45 FT 60 FT 75 FT
10. Minimum Setback from
Major Pipelines
50 FT (to habitable structures) Note 8
Notes:
1. An existing lot of record that is substandard as to minimum "project" area and/or dimension(s), shall be permitted all of the development rights of the zone in which it is located, except that the maximum density shall be limited to the minimum number of dwelling units allowed within the specified density range for the applicable zoning district.
2. A density bonus and other incentives pursuant to GC Sections 65915 through 65918, may be granted by the Approving Authority. Refer to Subsection 6.01.010.H (Density Bonus and Other Incentives).
3. A health risk assessment shall be required for multiple-family development projects located within close proximity to a freeway, as determined by the Zoning Administrator.
4. A dwelling having the primary entry facing onto an interior property line shall maintain a minimum 10-FT setback from the corresponding interior property line.
5. Adequate lockable private storage space shall be provided within a garage or storage building, or a space directly accessible from the dwelling. Exterior closets accessed from patios or balconies may be used if screened from public view.
6. Lots with a maximum density calculation of less than 1.00 may be developed with one dwelling unit.
7. A residentially zoned lot shall be developed at no less than the minimum number of dwelling units allowed within the specified density range for the applicable zoning district, except that If , as a result of the configuration/design of a lot, the minimum residential density cannot be achieved, the lot may be developed with a maximum of one dwelling unit.
8. Includes major high pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16 -inch and a 20 -inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right -of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pa cific right-of-way, then parallel to the northerly side of the right- of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.
9. The minimum setback from private streets shall be measured from a line running parallel to the street, which is located 12 FT behind face-of-curb (a.k.a., "parkway").
364
Ontario Development Code Page 6.02-25 (Rev. 05.02.2023)
Figure 6.01-3A: Example Multiple-Family Development — MDR-11 (5.1 to 11.0 DU/Acre) Zoning District Private courtyard Carriage unit above
garage
Front elevation
appears as two single-
family homes from
street
Private side
yard areas
STREET
STREET
PRIVATE DRIVE
Triplex Townhomes — 5.1 to 11 DU/Acre
365
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-26 Ontario Development Code
Figure 6.01-3B: Example Multiple-Family Development — MDR-18 (11.1 to 18.0 DU/Acre) Zoning District Courtyard Townhomes — 11.1 to 18 DU/Acre
One, two and
three-story
elements create
human scale
Common courtyard
Building articulation
continues along
private drive
Front doors
face street
and interior
courtyard
STREET
STREET
PRIVATE DRIVE
PRIVATE DRIVE
366
Ontario Development Code Page 6.02-27 (Rev. 05.02.2023)
Figure 6.01-3C: Example Multiple-Family Development — MDR-25 (18.1 to 25.0 DU/Acre) Zoning District Motorcourt Townhomes — 18.1 to 25 DU/Acre
STREET
PRIVATE DRIVE PRIVATE DRIVE
PRIVATE DRIVE
PRIVATE DRIVE
Front doors face
street and
interior courtyard
One, two and
three-story
elements create
human scale
367
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-28 Ontario Development Code
Figure 6.01-3D: Example Multiple-Family Development — HDR-45 (25.1 to 45.0 DU/Acre) Zoning District Stacked Flats Condominiums Over Podium Parking — 25.1 to 45 DU/Acre STREET
STREET
STREET
STREET
368
Ontario Development Code Page 6.02-29 (Rev. 05.02.2023) D. Exceptions to Development Standards. The following exceptions from the maximum height and minimum setback requirements stipulated in Table 6.01.010 -1 (Traditional Single -Family Residential Development Standards), Table 6.01.010- 2 (Single -Family Residential Small Lot and Cluster Development Standards), and Table 6.01.010- 3 (Multiple-Family Residential Development Standards) shall be permitted:
1. Height.
a. Aerials and Antennas, Chimneys, Cupolas, Elevator Penthouses, Flagpoles, Monuments, Parapet Walls, Spires, Towers, Water Tanks, and Other Similar Structures . Aerials and antennas, chimneys, cupolas, elevator penthouses, flagpoles, monuments, parapet walls, spires, towers, water tanks, and other similar structures may be erected to a height of up to 25 percent above the prescribed height limit of the base zoning district.
b. Amateur (HAM) Radio Antennas . HAM radio antennas may exceed the maximum prescribed height limit of a zoning district by a maximum of 10 FT. The Zoning Administrator, however, may allow HAM radio antennas to exceed this height limitation if it is necessary to accommodate amateur radio service communications. A HAM radio antenna that exceeds the maximum prescribed height limit of the zoning district in which it is located shall not exceed the minimum height and dimensions necessary to accommodate amateur radi o service communications.
c. Wireless Telecommunication Facilities. Wireless telecommunication facilities shall comply with Section 5.03. 420 (Wireless Telecommunications Facilities) of this Development Code.
2. Encroachments into Required Setback Areas.
a. Attached Porte Cocheres. Porte cocheres attached to the main dwelling may extend into a required front setback a maximum of 30 percent of the required setback depth and may extend into a side setback a maximum of 50 percent of the required setback width, provided the porte cochere is no greater than 20 FT in width . In no case, however, shall the side setback width be reduced to less than 3 FT.
b. Cornices, Eaves, Canopies, Decorative Wall Elements, and Similar Architectural Features . Cornices, eaves, canopies, decorative wall elements, and similar architectural features may extend into a required front, street side, or rear setback area, a maximum of 50 percent of the required setback, not to exceed 2.5 FT.
c. Fireplaces and Chimneys. Fireplaces and chimneys may extend a maximum of 2 FT into a required front, rear, side, or street side setback area; however, in no case shall the side setback be reduced to less than 3 FT.
d. Porches, Patios, and Decks. A porch, patio, or deck, may extend up to 30 percent into a required street setback area, provided the porch, patio, or deck, is no greater than 20 FT in width.
e. Decorative Archways, Pergolas, and Porticos. Decorative archways, pergolas, and porticos may be located within a front or street side setback area, provided the structure does not exceed 5 FT in width, 4 FT in depth, and 8 FT in height, and a minimum clear interior vertical dimension of 7 FT is maintained.
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(Rev. 05.02.2023) Page 6.02-30 Ontario Development Code f. Patio Covers. Support structure for patio covers (i.e., columns, beams , and lintels) attached to single-family dwellings may extend into a required rear setback, to within 10 FT of the rear property line, to within 5 FT of an interior property line and to within 5 FT of a street side property line.
g. Signs. Signs allowed pursuant to Division 8.1 (Sign Regulations) of this Development Code may encroach into a required front or street side setback area, or rear setback area of a through-lot.
h. Single-Story Additions to Single -Family Dwellings. Single -story additions to single-family dwellings may extend into a required rear setback to within 10 FT of the rear property line, provided the building addition does not occupy more than 25 percent of the required rear setback area.
i. Stairwells and Balconies. Open, unenclosed stairways and balconies, which are not covered by a roof or canopy, may extend a maximum of 4 FT into a required setback area; however, in no case shall the side setback be reduced to less than 2.5 FT.
j. Walls, Fences, and Obstructions. Walls, fences, and obstructions may be permitted within required setback areas pursuant to the provisions of Division 6.02 (Fences, Walls , and Obstructions) of this Chapter.
k. Utility and Storage Closets. Utility and storage closets may extend a maximum of 2 FT into a required rear or side setback area. In no case, however, shall the setback be reduced to less than 3 FT.
E. Open Space Requirements for Small Lot Traditional and Alley -Loaded Development Projects, Cluster Single -Family Development Projects , and Multiple -Family and Mixed -Use Development Projects.
1. It is the intent of this section to ensure sufficient open space areas for the active enjoyment of recreational activities by residents and guests of small lot single-family and cluster development projects, and multiple-family and the residential portion of mixed-use development projects. In this regard, active open space elements shall be of sufficient size and location, and easily accessible to each dwelling unit.
2. Active open space areas that feature recreational amenities, such as pools, spas, court activities, etc., shall be placed and managed so as not to infringe upon the peacefulness of any neighboring traditional single -family development. The following open s pace areas shall contribute to the open space requirements for single -family small lot and cluster development projects, and multiple-family and the residential portion of mixed-use development projects:
a. Minimum Open Space Requirements.
(1) Small Lot Traditional and Alley-Loaded Development Projects, and Cluster Single-Family Development Projects—Small lot traditional, small lot alley-loaded, and cluster single-family development projects, which consist of more than 3 dwellings, shall devote a minimum of 20 percent of the project site to open space (private and common area), and shall include common recreation amenities and facilities pursuant to Paragraph E.2.c (Common Active Open Space Area) et seq., of this Section.
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Ontario Development Code Page 6.02-31 (Rev. 05.02.2023) (2) Minimum Open Space Requirements for Multiple-Family and Mixed- Use Development Projects—
(a) Table 6.01- 4 (Minimum Open Space Requirements for
Multiple-Family and Mixed -Use Development Projects), below, establishes the minimum open space requirements for multiple -family development projects and the multiple-family residential portion of mixed-use development projects consisting of more than 3 dwellings. The required open space area shall be calculated on a per unit basis and includes [i] private open space for the exclusive use of a dwelling 's occupants and guests, and [ii] common open space areas for the enjoyment of all residents within a development project. Common open space consists of active areas, with recreation facilities, and passive areas incorporating features that enhance the appearance and desirability of a development project, such as turf areas, exotic plantings, pathways, waterscape, hardscape, rockscapes, benches, gazebos, r aised planters, and other unique features.
Table 6.01-4: Minimum Open Space Requirements for Multiple-Family and Mixed-Use Development Projects Open Space Type Zoning Districts
MDR-11 & MDR-18 MDR-25 HDR-45
Private Open Space 200 SF (40%) 150 SF (37.5%) 60 SF (20%) Common Open Space 300 SF (60%) 250 SF (62.5%) 250 SF (80%) Total Open Space 500 SF (100%) 400 SF (100%) 310 SF (100%)
(b) The ratios of "private" open space area to " common" open space area specified in Table 6.01-4 (Minimum Open Space Requirements for Multiple-Family and Mixed-Use Development Projects), above, are recommended and may be adjusted by the developer, based upon the housing market the proposed development is intended to serve, and subject to approval by the Approving Authority for the project. At a minimum, the "required total" open space for each zoning district shall be provided by all single -family residential small lot and cluster development projects, and multiple-family development projects.
(c) Off-street parking spaces, drive aisles, driveways, loading areas, or service areas, shall not be included in minimum open space calculations.
b. Private Open Space Areas.
(1) For small lot and cluster single -family development projects, a contiguous useable private open space area shall be provided for each dwelling at ground level, with a minimum clear horizontal dimension of 15 FT in depth by 15 FT in width (225 SF) , and a minimum clear vertical dimension of 8 FT.
(2) For multiple -family dwellings, contiguous useable private open space located at the dwelling's main living level shall be provided, having a minimum contiguous clear area of 60 SF , a minimum clear horizontal dimension of 7 FT , and a minimum clear vertical dimension of 8 FT. Other open space areas located on balconies or roof decks shall have a minimum contiguous clear area of 50 SF, a minimum clear horizontal dimension of 6 FT , and a minimum clear vertical dimension of 8 FT.
(3) Private ground level open spaces located on the street side of a structure shall be screened from street public view by a decorative wall or fence, and densely planted landscaping.
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(4) Private open spaces shall be permanently maintained in an orderly manner, and kept clear of weeds and refuse, debris, rubble, or any other waste.
c. Common Active Open Space Area.
(1) Common active open space areas containing recreation facilities shall be provided pursuant to Table 6.01 -5A (Minimum Requirements for Common Recreation Amenities). For the purpose of this provision, required recreation facilities shall be categorized as follows:
(a) Major Recreation Facilities —A major recreation facility is intended to be a significant recreation node or focal point for residents, and include recreation buildings, swimming or wading pools, splash pads and water play fountains , tennis courts, childcare facilities, and other major amenities requiring significant investment and of appropriate size to serve the project residents, as determined by the City. (Note: For projects consisting of 45 or fewer dwellings, two minor recreation facilities may be provided in place of one major recreation facility.)
(b) Minor Recreation Facilities —A minor recreation facility is intended to augment the variety and availability of recreation facilities, and include tot lots for ages 2 to 5 and/or play areas/equipment for ages 5 to 12, spas or saunas, picnic and barbecue areas, cabanas and shade structures, basketball courts, volleyball courts, community gardens, and other similar amenities requiring significant investment and appropriate to serve project residents, as determined by the City.
Table 6.01-5A: Minimum Requirements for Common Recreation Amenities Type No. of Dwelling Units
4-10 10-25 26-100 101-150 151-200 201-250 251-300 > 300 Major Facilities: 0 1** 1** 1 2 2 3 One per
100 DUs
Minor Facilities: 1 0 1 2 2 3 3 One per 50
DUs
Note: **Projects consisting of 45 or fewer dwellings may provide two minor recreation facilities in place of one major recreation facility.
(2) Common active open space areas shall not be located within required setback areas from public or private streets.
(3) Common active open space areas shall be located a minimum of 10 FT from any habitable structures, and shall have a minimum contiguous area of 300 SF, with no horizontal dimension less than 15 FT, and no clear vertical dimension less than 8 FT.
(4) All common active open space areas shall be planted with permanent landscaping or be devoted to recreational facilities, such as swimming pools, tennis courts, tot lots, patios, or similar open space and recreational facilities.
(5) Common a ctive open space areas are to be permanently maintained in an orderly manner.
d. Common Active Open Space Area – Ontario Ranch.
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Ontario Development Code Page 6.02-33 (Rev. 05.02.2023) (1) Common active open space areas containing recreation facilities shall be provided pursuant to Table 6.01 -5B (Minimum Requirements for Common Recreation Amenities – Ontario Ranch). For the purpose of this provision, required recreation facilities shall be categorized as follows:
(a) Minimum Requirements —2 acres of parkland per 1,000 people (3.806 PPU for single -family, 3.373 PPU for multiple -family), community pool (including restrooms/showers) required at >150 units, and clubhouse/amenity center per below at >200 units.
(b) Major Recreation Facilities —A major recreation facility is intended to be a significant recreation node or focal point for residents, and include recreation open lawn amphitheater (min. 100’ x 150’ or equivalent) or active lawn area (min. 150’ x 150’ or equivalent), clubhouse/amenity center with a minimum of 3 of the following amenities (multi- purpose room, kitchen facility, fitness center, child friendly amenity (indoor play area, game room, or educational center) movie room, business center/co -working spa ces, library/study room, beverage area or common meeting space), community pool (min. 25’ x 60’ ( 1,500 SQ FT) or equivalent) and associated restroom/shower building, additional swimming pools (e.g., adult only, lap, children pool), splash pad or water play fountain, tennis/pickleball courts (1 tennis court = 1 amenity, 2 pickleball courts = 1 amenity), childcare facilities, dog park, SEC Utility Corridor Trail, private parkland/po cket park in excess of 2.5 AC/1,000 people , and other major amenities requiring significant investment and of appropriate size to serve project residents, as determined by the City.
(i) Larger C lubhouses with M ore Amenities – 2
additional amenities within the clubhouse courts towards a minor amenity.
(ii) Community Pool – Each additional 1,500 square feet added to the size of the pool shall be treated as another major amenity.
(c) Minor Recreation Facilities —A minor recreation facility is intended to augment the variety and availability of recreation facilities, and include open lawn amphitheater (min. 100’ x 150’ or equivalent) or active lawn area (min. 150’ x 150’ or equivalent), tot lots for ages 2 to 5 and/or play areas/equipment for ages 5 to 12, spas or saunas, picnic tables and barbecue areas, cabanas and shade structures, basketball courts, volleyball courts, community gardens, internal community trail(s) 13’ minimum with minimum distance of ¼ mile, outdoor fitness stations, pocket parks, firepit, and other similar amenities to serve project residents, as determined by the City.
Table 6.01-5B: Minimum Requirements for Common Recreation Amenities – Ontario Ranch Type No. of Dwelling Units
<75 76-100 101-150 151-200 201-250 251-300 >301
Major Facilities: TBD (*) 1 1 2 2 3 TBD (**)
Minor Facilities: TBD (*) 1 2 2 3 3 TBD (**)
Note: *Amenities to be determined on a case-by-case basis during the entitlement process for the project. **Amenities to be determined on a case -by-case basis during the entitlement process for the project, with the idea being to allow flexibility in the amenity package to the benefit of the residents.
d.e. Common Passive Open Space Area.
(1) Common passive open space areas shall not be located within required setback areas from public or private streets.
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(2) Passive common open space areas shall be located a minimum of 5 FT from the habitable portion of any dwelling on the project site.
(3) Passive common open space areas shall have a minimum dimension of 5 FT; however, not more than 50 percent of the passive areas having a dimension less than 10 FT may be counted toward the minimum open space requirements of this Section.
F. General Provisions. The following general provisions are applicable within all residential zoning districts:
1. Single-Family Dwellings.
a. Minimum Dwelling Width. All traditional single -family residential dwellings units, including mobile homes constructed outside of mobile home parks, shall have a minimum overall width of 24 FT, excepting accessory detached residential structures and second dwellings.
b. Variety of Floor Plans and Elevations. For the development of 5 or more single-family dwellings, a variety of floor plans and building elevations shall be provided pursuant to Table 6.01-6 (Minimum Requirements for Floor Plan and Exterior Elevation Variation), below.
Table 6.01-6: Minimum Requirements for Floor Plan and Exterior Elevation Variation for Single-Family Dwellings No. of Dwellings Proposed Minimum No. of Differing Floor Plans Required
Minimum No. of Elevations for Each
Floor Plan Required
5 to 10 2 2
11 to 25 2 3
26 to 50 3 3
51 to 75 3 4
76 to 100 4 4
> 100 Requirement for 76 to 100 dwellings, plus one additional floor plan with 4 elevations for each additional 25 units exceeding 100
2. Roofing Materials on Sloped Roofs. Roofing materials used on sloped roofs, whether new construction or replacement roofing, shall be of clay or concrete tile, architectural grade dimensional composition shingle, or decorative metal shingle. Built -up/rock, roll-roofing, or other material shall not be permitted.
3. Temporary Structures. No temporary structure shall be located within a front or street side yard area. A temporary structure may be located within the rear or interior side yard area, provided it is screened from view by a solid 6 -FT high fence or wall with appropriate view - obstructing access gate.
4. Refuse Storage Areas.
a. Within all residential zoning districts, refuse and recyclable materials shall be stored in an appropriate container, out of view from public streets and adjacent properties.
b. Any new dwelling unit or residential development project, for which a building permit has been issued, shall provide adequate, accessible, and convenient areas and facilities for the collection and storage of refuse and recyclable materials. 374
Ontario Development Code Page 6.02-35 (Rev. 05.02.2023)
c. All animal keeping uses within residential zoning districts that generate a substantial amount of waste or refuse, as determined by the Ontario Municipal Utilities Company, shall provide refuse enclosures conforming to City standards.
d. New dwellings that have individual trash pick -up shall include an area for the storage of recyclable materials within a garage, or side or rear yard area. Furthermore, developers shall provide areas or systems containing recyclable materials receptacles, s uch as under-cabinet rollout drawers within kitchens, to make recycling more convenient and accessible to residents.
e. Single-family small lot and cluster developments, and multiple -family development projects that have not been approved by the City for individual dwelling unit pick - up of refuse and recyclable materials, shall provide trash enclosures for the storage of re fuse and recyclable materials containers, as follows:
(1) The number of enclosures, and their precise locations, dimensions, and design shall be provided consistent with City standards.
(2) Trash enclosures shall be designed to contain separate containers for the collection of refuse and recyclable materials, with an adequate number of containers provided to allow for the collection of both refuse and recyclable materials generated by the development, pursuant to standards established by the Ontario Municipal Utilities Company.
(3) Trash enclosures shall meet the minimum design standards depicted in the standard drawings adopted by the City, which shall include: [i] a minimum 6 -FT high decorative masonry wall, with appropriate view -obstructing gates for container access, [ii] separate pedestrian access that is designed to screen the interior of the enclosure from view from the exterior and prevent refuse dispersion, and [iii] a decorative overhead roof structure to protect bins containing recyclable materials from adverse environmental conditions, which might render the collected materials unusable, and screen trash bins from view of the upper floors of adjacent dwellings. Furthermore, trash enclosures shall be architecturally enhanced, and shall be consistent with the architectural design of adjacent buildings.
(4) Trash enclosure dimensions shall be of adequate size to accommodate containers consistent with the City's current methods of collection within the area in which the project is located.
(5) Signs clearly identifying all recycling and refuse collection areas, and the materials accepted for recycling shall be posted adjacent to all points of access to each trash enclosure.
(6) Trash enclosures shall be located a minimum of 10 FT from the interior project boundary/property line.
(7) Care shall be given when placing trash enclosures immediately adjacent to dwelling units; however, in no case should a trash enclosure be located within 10 FT of the livable portion of a structure.
(8) Trash enclosures shall be bordered by a minimum 5 -FT wide planter and screened with landscaping on all exposed sides, excluding the side with bin access gates.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-36 Ontario Development Code (9) Prior to the issuance of an occupancy permit, a developer or homeowners association may be required to develop a written recycling plan, which specifies the identification of targeted materials to be recycled, and methods of recycling program promotion to tenants or homeowners.
5. Stored Automobiles, Recreational Vehicles, Light Trucks, Trailers, and Other Similar Vehicles.
a. Automobiles, boats, recreational vehicles, trucks, trailers, and other similar vehicles stored within a front or street side yard area, is prohibited. For the purposes of this Section, the term "stored" means continuously parked in the same location for more than 72 hours.
b. Automobiles, boats, recreational vehicles, trucks, trailers, and other similarly used vehicles that are not stored within an enclosed structure, shall comply with the following:
(1) Vehicles shall be stored on a paved surface and screened from public view by buildings, decorative screen walls or fences, or a combination thereof.
(2) Vehicles shall only be stored on property owned by the owner of the vehicle or on property where the registered owner resides.
(3) Vehicles shall bear current vehicle registration (as required by state law).
(4) Vehicles shall not be stored in a wrecked, dismantled, or inoperative condition.
(5) Vehicles stored within side and rear yard areas shall be limited to 5 percent of the total lot area.
c. Recreational vehicles shall not be occupied or otherwise used as a living unit.
6. Landscaping.
a. Traditional and Small Lot Single -Family Development. The front and street side yards of lots developed with single -family dwellings shall be fully landscaped and provided with an automatic irrigation system irrigated prior to Certificate of Occupancy issuance.
b. Maximum Allowed Area Devoted to Hardscape. A maximum of 45 percent of the front yard of traditional single -family lots, including the street side yard area of corner lots, that is open to public view may be comprised of hardscape materials, including, but not limited to, paved porches, patios, cou rtyards, walkways, and driveways, areas of gravel and/or decomposed granite, and areas of artificial turf.
c. Single-Family Cluster and Multiple -Family Development. All areas of a development project not covered by structures, drive aisles, off -street parking facilities, or hardscape, shall be fully landscaped and provided with a permanent automatic irrigation system prior to Certificate of Occupancy issuance, except ing private open space areas that are enclosed by a minimum 6-FT high decorative wall or fence.
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Ontario Development Code Page 6.02-37 (Rev. 05.02.2023)
7. Drive Approaches, Driveways, and Drive Aisles . Residential drive approaches, driveways, and drive aisles shall comply with the following:
a. Drive Aisles and Driveways.
(1) Drive aisles and driveways shall be allowed solely for the purpose of providing access to off-street parking facilities, and emergency vehicle access to a property.
(2) For lots developed with single-family dwellings:
(a) One driveway per lot may be permitted, which shall lead to a garage or carport, and shall not exceed the overall width of the garage or carport, except that vehicular access (maximum 10 FT in width, pursuant to Paragraph 6.01.010.F.6 (Landscaping)) may be provided to the side or rear yard area of lot used for vehicle storage pursuant to Paragraph
6.01.010.F.5 (Storage of Automobiles, Recreational Vehicles, Light Trucks, Trailers, and Other Similar Vehicles) of this Section; and
(b) Temporary off-street parking within a front or street side yard area shall only be allowed on a driveway leading to a garage or carport, or on an approved circular driveway constructed pursuant to Subparagraph 6.01.010. G.7.b (Circular Driveways) of this Section.
(c) Corner lots may have a rear yard access drive from a side street, subject to Planning Director and City Engineer approval. The rear yard access drive shall not exceed 12 FT in width and shall lead to a parking area that is screened by a view-obstructing wall or fence, with appropriate view-obstructing gate.
b. Circular Driveways. Circular driveways shall be permitted on lots developed with a single-family dwelling, which meet all of the following:
(1) The lot is located within the AR-2, RE-2, RE-4, or LDR-5 zoning district, or AG overlay zoning district, and is at least 10,000 SF in area;
(2) The property takes vehicular access from an arterial street, as identified on Exhibit M1 (Mobility Plan Map) of the Policy Plan component of The Ontario Plan, and does not front onto, or take vehicular access from, Euclid Avenue;
(3) The dwelling is setback at least 30 FT behind the front property line; and
(4) The proposed circular driveway does not exceed 10 FT in width.
c. Maximum Drive Approach Width.
(1) Driveway Access for Traditional Single- Family Developments —A drive approach on a public street shall not exceed the maximum widths prescribed by Table 6.01- 7 (Maximum Single -Family Residential Drive Approach Widths), below, based upon the lot width range.
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(Rev. 05.02.2023) Page 6.02-38 Ontario Development Code Table: 6.01-7: Maximum Single-Family Residential Drive Approach Widths Lot Width Range Maximum Drive Approach Width
Less than 51 FT 12 FT
51 to 80 FT 16 FT
Greater than 80 FT 20 FT
(2) Drive Aisle Access for Single- Family Cluster and Multiple -Family Developments—A drive approach providing street access to an intersecting drive aisle shall not exceed the width of the corresponding drive aisle, not to exceed 26 FT in width, unless otherwise required by the City Engineer.
d. Drive Approaches, Driveways, and Drive Aisles Serving Developments with Multiple Dwellings.
(1) Drive approaches serving a development project of 5 or more dwellings shall be delineated with enhanced paving treatment, such as interlocking pavers, textured and color pigmented concrete, or stamped concrete. Such treatment shall extend from the back of the drive approach to the first intersecting drive aisle or parking space.
(2) Single-family and multiple-family development projects that include dwellings configured into one or more motorcourts, shall incorporate enhanced paving treatments consisting of interlocking pavers, and textured and/or color pigmented concrete, throughout all motorcourt drives.
(3) Pedestrian pathways that cross driveways and drive aisles shall be delineated by enhanced paving treatments, such as interlocking pavers, and textured and/or color pigmented concrete.
8. Conversion of Garages. No garage shall be converted to another use unless a replacement garage is constructed on- site, which meets the minimum requirements of Division
6.03 (Off- Street Parking and Loading) of this Chapter, excepting a garage conversion to accommodate an Accessory Dwelling Units co nforming to Section 5.03.010 (Accessory Dwelling Units) of this Development Code.
9. Equestrian Trails and Related Facilities. The following standards shall govern the establishment of equestrian trails and easements within the City:
a. If required by Table 6.01- 1 (Traditional Single -Family Residential Development Standards) of this Section, an unobstructed 8 -FT wide easement for equestrian trail purposes shall be dedicated immediately adjacent to the front property line. Furthermore, if determined necessary by the Planning Director, additional 8 -FT wide equestrian trail easements may be required at the end of blocks, and along interior side, street side, or rear property lines, to create connections to adjacent public streets or equestria n trail easements. Moreover, if determined by the Planning Director that providing equestrian easements on both sides of a street is not necessary or practical, the requirement to provide equestrian trail easements may be waived.
b. Trails shall not be surfaced with hard materials such as concrete or asphalt.
Preferred surface materials include wood chips, decomposed granite, and shale;
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Ontario Development Code Page 6.02-39 (Rev. 05.02.2023) c. Fencing built at the edge of an easement shall not be over 48 inches in height; an additional inch of height shall be allowed for every 2 inches that the fence is setback from the easement. Within 4 FT of the easement, fences shall not be opaque for more t han 50% of their surface area. Wooden rail and wood plank fencing are preferred, while chainlink and wrought iron fencing should be avoided. Entries to individual properties should be accentuated with hitching posts and gates;
d. Entrances to an equestrian trail from the street shall allow the free movement of pedestrians and equestrians. Vehicular access to the trail may be limited by removable bollards or a gate and should be designed to permit emergency vehicle access and occasional vehicular access by residents, as shown in Figure 6.01 -4 (Equestrian Trail Step-Through Entry Design) and Figure 6.01-5 (Equestrian Trail Steel Barrier Gate Entry Design). Street crossing by pedestrians and equestrians should be facilitated at the str eet-trail entry by restricting on -street parking, narrowing paved widths (to minimize crossing distances), and marking the crossing with striping and signs.
10. Infill Traditional Single-Family Dwellings. Infill traditional single-family dwellings within existing residential neighborhoods are to be complementary with the character of the surrounding neighborhood in which they are proposed in terms of building height, setbacks, general architectural style, and use of exterior finish materials, and shall comply with the following standards:
a. New infill traditional single -family dwellings constructed within existing residential neighborhoods shall be integrated with existing surrounding homes to protect, enhance, and preserve the physical integrity of the existing neighborhood.
b. The area, dimensions, lot coverage, height, bulk, and scale of a proposed infill traditional single-family dwellings shall be compatible with existing residential development in the surrounding neighborhood.
Equestrian Trail Entries Equestrian Trail Entry Condition Figure 6.01-4: Equestrian Trail Step-Through Entry Design 379
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c. Infill traditional single-family dwellings shall be plotted on a lot in a manner consistent with the pattern of development in the surrounding residential neighborhood. The front door should be oriented toward the frontage street and any secondary entrances and side yard facing windows should be situated in such a way that the privacy of adjacent homes is not substantially impacted. Placing side yard facing windows across from side yard facing windows of adjacent houses is discouraged.
d. Garages shall be oriented consistent with garage orientations within the surrounding neighborhood. Garages shall be oriented with access off an alley on lots with alley access.
e. New street curb cuts should not be permitted on lots with alley access. If permitted, new curb cut locations should not compromise street trees, visibility , or neighborhood consistency.
f. Separation of pedestrian and vehicular circulation within the lot is encouraged. Exterior doors should not exit onto a driveway unless a porch or landing is provided.
11. Mobile Homes and Manufactured Housing on Residential Lots Not Constructed Within a Mobile Home Park . The following standards shall govern the development of mobile homes and manufactured housing on residential lots not constructed within a mobile home park:
a. Each housing unit shall meet and be certified under the standards set forth in the National Manufactured Housing Construction and Safety Act (42USC5401 et. seq.), as amended, at the time of any application for the placement of a mobile home or a manufactured housing unit;
b. The mobile home or manufactured housing unit shall be placed on a permanent foundation system;
c. The mobile home is to be covered with exterior finish materials similar in appearance to new, conventionally constructed dwellings within area surrounding the project site;
Drilled
footing
Gate Elevation
Gate Plan
Figure 6.01-5: Equestrian Trail Steel Barrier Gate Entry Design 2X6 rectangular steel tube gate members continuous
weld. miter at corners.
Lockable anchor pins
6x6 concrete or steel gate post
Attach gate to post with heavy duty hinge
Line of wall or fence
8 to 16 FT
8 to 16 FT
4 FT min
12" min
2 FT min
4 to 5 FT
Steel plate
protector
Finish
grade
Equal Equal
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d. The exterior finish material shall extend to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior finish material need not extend below the top of the foundation. Alternative skirting materials commonly found on conventionally built residential structures shall be considered compatible;
e. The roofing material shall be of a type commonly found on conventionally built residential structures located within the area surrounding the project site;
f. Electricity, water and natural gas service, and sewer connections are to be made in a permanent manner, as typically required for permanent buildings. Gas shut -off valves, meters, and regulators shall not be located beneath a mobile home or manufactured ho using structure; and
g. An attached or detached garage, which is similar to conventionally built residential structures within the area surrounding the project site, shall be provided for each mobile home or manufactured housing unit. The roof material and exterior wall finishes of the garage or carport shall exactly match the mobile home or manufactured housing unit.
12. Gutters, Vents, and Downspouts . Gutters, vents, and downspouts shall be concealed from public view to the extent possible. Exposed gutters and downspouts, where necessary, shall be colored to match the fascia or wall material to which they are attached. Roof vents shall be colored to m atch the roof material or the dominant trim color of the structure, as appropriate.
13. Swimming Pools, Hot Tubs, Spas, Ponds, and Decorative Bodies of Water. Swimming pools, hot tubs, spas, ponds, and decorative bodies of water shall be permitted ancillary to those land uses allowed within residential zoning districts pursuant Table 5.02-1 (Land Use Matrix), subject to the following regulations governing their placement, construction, and security:
a. Swimming pools, hot tubs, spas, ponds, and decorative bodies of water that are 1.5 FT or more in depth, shall be secured by a decorative fence or wall pursuant to the requirements of Section 6.02.020.A.3 (Ponds and Swimming Pools) of this Development Code.
b. All gates or doors within the fence or wall shall be kept securely closed at all times when not in use.
c. A clear path, minimum of 3 FT wide , shall be provided around the entire perimeter of a swimming pool, hot tub, spa, pond, or decorative body of water to permit emergency access. For properties containing 2 or fewer dwellings, a clear path shall be provided around at least 50 percent of said perimeter.
d. Swimming pools, hot tubs, spas, ponds, and decorative bodies of water that are 1.5 FT or more in depth shall not be constructed within a front yard area and shall be setback a minimum of 3 FT from any side or rear property line.
e. Diving boards, slides, waterfalls, fountains, decorative rockscapes, and other similar appurtenances shall be setback a minimum of 5 FT from side and rear property lines, except that appurtenances that exceed 6 FT in height, measured from adjacent grade to the highest point of the structure, shall comply with the minimum building setback requirements of the applicable zoning district.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-42 Ontario Development Code f. Swimming pools, hot tubs, spas, ponds, and decorative bodies of water shall comply with all applicable provisions of the City's building code.
14. Lighting. Exterior light fixtures shall be designed and/or located to eliminate adverse impacts of light spillover on to adjacent properties and promote safe vehicular and pedestrian access.
a. Exterior light fixtures shall prevent glare and light spillover on t o adjacent properties, buildings, and public and private streets and roadways.
b. Parking lot lighting shall comply with Section 6.03.05 0 (Parking Lot Lighting) of this Development Code, and OMC Section 4-11.09(j).
c. Exterior l ight fixtures should use color-correct luminaires such as halogen, metal halide, or LED, to ensure true -color at night, visual comfort for pedestrians, and energy efficiency.
d. Pedestrian-level pole-mounted lighting, bollard lighting, ground -mounted lighting, or other low, glare-controlled fixtures mounted on buildings or walls, shall be used to light pedestrian walkways. Pole-mounted, building-mounted, or tree-mounted lighting fixtures shall be no more than 12 FT in height. Bollard-type lighting shall be no more than 4 FT in height.
e. Steps, ramps, and seatwalls shall be illuminated with built -in light fixtures, were possible.
15. Building Color . Building exteriors shall incorporate colors that are of compatible hues and intensities. Color schemes shall tie building elements together, relate separate buildings within the same development, and enhance the architectural form of a building.
a. Exterior building colors shall be low -reflecting and subtle. Furthermore, overly intense, overly bright, or fluorescent or Day -Glo colors, shall not be used on a building exterior, as determined by the Planning Director.
b. The exterior building color of a new development project shall be reviewed and approved in conjunction with the approval of the structure by the Approving Authority.
Development projects consisting of multiple buildings shall incorporate colors that are coordinated between structures, utilizing compatible hues and intensities. The final review and approval of paint colors, utilizing a color test, may be required by the City, prior to painting a building.
c. All building mechanical equipment and appurtenances, including, but not limited to, meters, flues, vents, gutters, and utilities, shall match or complement the permanent color of the surface from which they are attached or project.
16. Equipment Screening.
a. Single-Family Dwellings. The placement of new exterior roof -mounted mechanical, heating and air conditioning equipment is prohibited; however, the replacement of existing permitted roof mounted equipment shall be permitted provided the replacement equipment does not exceed the size, height, and location of the existing equipment.
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Ontario Development Code Page 6.02-43 (Rev. 05.02.2023) b. Multiple-Family Dwellings . T he placement of exterior roof -mounted mechanical, heating and air conditioning equipment, and all appurtenances thereto, shall be completely screened from public view by parapet walls or roof screens that are architecturally treated so as to be consistent with the building architecture.
c. All ground -mounted utility equipment and structures, such as tanks, transformers, HVAC equipment, and backflow prevention devices, shall be located out of view from a public street, or adequately screened by landscaping and/or decorative low garden walls.
G. Small Lot Infill Subdivisions.
1. Purpose. The purpose of this Subsection is to regulate the development and subdivision of existing lots within certain residential and mixed use zoning districts, with infill small lots as an alternative form of fee simple homeownership.
2. Applicability. Small Lot Infill Subdivisions are permitted within residential and mixed use zoning districts specified in Table 5.02-1 (Land Use Matrix) of this Development Code.
3. Development Standards.
(a) Site Development Standards. A Small Lot Infill Single-Family Subdivision shall comply with the following site development standards:
(1) Maximum Number of Dwelling Units. A Small Lot Infill Single -Family Subdivision shall contain no more than 45 dwelling units.
(2) Density Range. A Small Lot Infill Single -Family Subdivisions shall comply with the density requirements of the underlying zoning district in which it is located.
(3) Lot Area and Dimension. Each individual lot established by a Small Lot Infill Single-Family Subdivision shall have a minimum area of 480 SF and a minimum lot width of 16 FT.
(4) Lot Coverage and Open Space.
(a) There shall be a maximum lot coverage of 80 percent for each individual lot established by a Small Lot Infill Subdivision.
(b) As an alternative to Subdivision (a), above, a Small Lot Infill Subdivision may provide common open space amenities within a common open space easement, which is equal to at least 20 percent of the total subdivision area, and having no horizontal dimension less than 5 FT Furthermore, each dwelling shall be provided a minimum of 50 SF of private open space (patios and/or balconies) having no horizontal dimension less than 5 FT.
(5) Lot Access. Access to a lot containing a dwelling unit and its required parking shall be by way of a public or private street, alley, or access easement.
(6) Off-Street Parking. Small Lot Infill Subdivisions shall provide off-street parking facilities pursuant to the requirements of Division 6.03 (Off -Street Parking and Loading) of this Development Code, except as follows:
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-44 Ontario Development Code (a) Off-street parking shall be provided for each dwelling at the minimum rate of 1.0 parking space per bedroom, plus guest/visitor parking at the minimum rate of 0.2 parking space per bedroom. A minimum of one space shall be provided in a fully enclosed garage.
(b) There shall be no limitations on the use of tandem parking spaces, except that tandem parking shall be no more than 2 parking spaces in depth and shall not be used for guest/visitor parking.
(7) Fences, Walls, and Obstructions. Refer to Section 6.02.020 (Design Standards for Residential Zoning Districts).
(8) Landscaping. Refer to Division 6.05 (Landscaping) and Paragraph
6.01.010.G.6 (Landscaping).
(9) Historic Preservation. Certain portions of residential and mixed use zoning districts are identified as historic or potentially historic and are listed on the City 's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02 (Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
(10) Security Standards. Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
(11) Noise. Habitable structures shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
(12) Airport Safety Zones. Properties within the Airport Influence Area (AIA) established by the Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
(b) Building Development Standards.
(1) Minimum Setbacks.
(a) No front, side, or rear yard setback is required between interior lots within an approved Small Lot Infill Single -Family Subdivision; however, a minimum 5- FT setback shall be provided where a lot abuts a lot that is not created pursuant to this Section.
(b) The front yard setback required by the underlying zoning district shall apply to the front lot line of a Small Lot Infill Subdivision that abuts a public street.
(c) Any Small Lot Infill Subdivision sharing a property line with a LDR-5 (Low Density Residential - 2.1 to 5.0 DUs/Ac) or higher density residentially zoned property, shall provide front, side, and rear yard setbacks along the subdivision perimeter that are consistent with the requirements of the underlying residential zoning district.
(d) Any Small Lot Infill Single -Family Subdivision not sharing a property line with a LDR-5 (Low Density Residential - 2.1 to 5.0 DUs/Ac) or higher density residentially zoned property shall provide a minimum 5 -FT setback along the side lot line of the subdivision perimeter and a minimum 10-FT setback along the rear lot line of the subdivision perimeter. 384
Ontario Development Code Page 6.02-45 (Rev. 05.02.2023)
(2) Building Separations. There shall be a minimum 6 -FT separation between buildings, except that a minimum 10 -FT separation shall be provided between the front face (contains the primary entry) of a Small Lot Home and the adjacent building wall of a neighboring Small Lot Home. Chimneys may extend up to 2 FT into the minimum building separation area.
(3) Maximum Height. Within a Small Lot Infill Subdivision, the maximum allowed building height is 40 FT.
(4) Driveway Length. Straight-in driveways to garages shall have a minimum length of 18 FT, measured from the right-of way of a public or private street, or from the edge of a private drive. No driveways shall be more than 5 FT in length if parking is not provided in front of a garage.
4. Building Design.
(a) Dwelling Orientation.
(1) Small Lot Dwelling Units that abut a public or private street shall orient the primary entryway (front door) toward the street. Where there is a physical site constraint, provide a clearly identifiable pedestrian entry to the site from the street.
(2) Small Lot Dwelling Units located in the interior of the subdivision shall orient the primary entryway toward, and be visible from, a pedestrian pathway that is connected to a public or private street.
(3) Small Lot Dwelling Units that abut an alley shall orient the primary entryway toward the alley or shall be connected to a pedestrian pathway that leads directly to a public or private street.
(b) Small Lot Dwelling Primary Unit Entries.
(1) All Small Lot Dwelling Units shall have a primary entry. All primary entries shall be provided with the address or unit identification, ornamental low -level lighting to illuminate the entry area, and a porch or landing.
(2) All primary entries shall incorporate all of the following elements:
(a) The entry shall be recessed at least 3 FT behind the building façade to create a covered porch or landing area.
(b) The entry shall be designed with an overhead projection of at least 12 inches (awning, canopy, roof, or other design features) in depth, which distinguish the entry area from the rest of the building façade.
(c) The entry shall be clearly marked with a side lite window panel, adjacent window, or a door with a window.
(d) The entry porch or landing area shall be raised at least one stair step (6 -inch riser) above the pedestrian pathway, except as otherwise required by the Building Code, Americans with Disabilities Act, or Universal Design Standards. 385
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-46 Ontario Development Code
(e) The entry porch or landing area shall be enhanced with decorative paving, texture, pattern, or color that is differentiated from the pedestrian pathway.
(c) Façade Articulation. Façades facing a public or private street, the project perimeter, and all portions of exterior building elevations located greater than 7 FT from an adjacent Small Lot Dwelling Unit, shall be treated with an equal level of detail and articulation, and shall incorporate all of the following façade articulation techniques:
(1) Change in exterior building materials to include at least two high - quality building façade materials that accentuate or correspond to variations in building massing.
Building materials may include, but are not limited to wood, glass, brick, metal spandrel, cement board siding, tile, or other material acceptable to the Approving Authority.
(2) Porticos, awnings, terraces, balconies, eyebrows, or trellises of at least 12 inches in depth that provide variations in the building plane.
(3) Window treatments that are recessed behind the building façade a minimum of 4 inches. Windows or doors that are flush with the plane of the building (rather than recessed at least 4 inches) will not qualify as facade articulation.
(4) A break in the façade plane of at least 8 inches in depth, which is applied to at least 10 vertical FT of the facade.
(5) Other additional architectural enhancements that create a human scale to the building. Examples include handrails, fixed planters, and ornamental details such as lighting, molding, tiles, or other similar design elements acceptable to the Approving Authority.
(d) Varied Roofline. Any Small Lot Dwelling Unit façade exceeding two stories in height, which faces a public or private street, shall be provided with an articulated roofline incorporating at least two of the following design elements:
(1) A roof with a slope equal to or greater than 3 inches of rise for every 12 inches of run, including but not limited to a sloped or curved roofline at the top of the dwelling.
(2) An open deck having a minimum clear area of 6 FT in depth and 8 FT in width.
(3) A flat roof with a minimum of 2 FT vertical height difference for a minimum of 10 horizontal FT along the roofline of each building façade.
(4) A vertical break in the façade plane of at least 1.5 FT in depth, which extends up and through the roofline.
(5) Any form of roofline variation incorporating a change or break in roof plane, such as horizontal recesses, incorporation of dormers, or other similar design elements acceptable to the Approving Authority.
(e) Roof Decks. All roof decks shall be stepped back a minimum of 5 FT from the roof edge to prevent direct views of abutting residential neighbors, except that roof decks facing a street are not required to be stepped back.
386
Ontario Development Code Page 6.02-47 (Rev. 05.02.2023) (f) Building Massing Variation.
(1) Small Lot Dwelling Units shall be grouped into clusters to avoid long spans of building wall, not to exceed six dwelling units in a single continuous row or 180 linear FT, whichever is less. Clusters of Small Lot Dwelling Units shall be separated with a bu ilding gap of at least 6 FT, which shall be treated with a combination of landscaping, open space, common walkways, or driveways.
(2) Small Lot Dwelling Units in a single row shall provide a horizontal change in plane in the building façade of at least 1.5 feet for every 3 dwelling units, or every 90 linear FT, whichever is less. The Approving Authority may approve alternate exterior building designs that achieve the City's desired variation in building massing.
(3) The exterior design of adjoining Small Lot Dwelling Units shall be unique, so as to provide architectural variety within a subdivision. A Small Lot Infill Subdivision containing more than 5 dwelling units in a single row shall provide at least two variations in building design, such as changes in dwelling orientation, primary entryways, fenestration patterns, façade articulation, and rooflines. A Small Lot development of 10 or more dwelling units shall provide at least 3 variations in exterior building design.
5. Pedestrian Connectivity and Access.
(a) Pedestrian Pathways.
(1) Pedestrian pathways, minimum 3 FT in width, shall be provided from the public street to all primary entryways and common areas.
(2) A pedestrian pathway located within or parallel to a common driveway shall be constructed and/or treated with a change of material, finish, pattern, or paving that distinguishes the pathway from vehicular traffic.
(3) Small Lot Infill Subdivision s shall provide pedestrian and bicycle access to surrounding neighborhood streets.
(b) Walls and Fences.
(1) Walls and fences abutting a public or private street or alley, or common open space area, shall be decorative. Walls shall be finished with a decorative masonry material, such as brick, natural or cultured stone, or stucco, or be constructed of decorative concrete block, such as split-face, slump, burnished, or shot block. Fences shall be constructed of ornamental tube steel or iron.
(2) Garden walls and fences, maximum 3 FT in height, that abut a public or private street shall provide a point of entry into each individual lot that abuts the street.
(c) Landscaping, Common Open Space Areas, and Amenities.
(1) All areas of a Small Lot Infill Subdivision not used for buildings, parking areas, driveways, pedestrian pathways, utilities, or common open space areas shall be automatically irrigated, and fully landscaped and maintained.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-48 Ontario Development Code (2) Required common open space areas shall have a minimum area of 300 SF, with no horizontal dimension less than 15 FT, measured perpendicular from any point on each of the boundaries of the open space area. Driveways, parking spaces, or pedestrian pathways cannot be counted toward the open space requirement.
(3) Required common open space areas shall be open to the sky and have no structures that project into the common open space area, excepting structures provided as a common open space enhancement pursuant to Subparagraph G.3(c)(5), below.
(4) Common open space areas shall be located at grade level, contiguous or connected, and readily accessible to all residents of the Small Lot Infill Subdivision.
(5) Common open space areas shall be multi-functional and designed to accommodate a range of passive, active, or social uses, and may include enhancements such as activity lawns, swimming pools, spas, picnic tables, benches, children 's play areas, ball courts, barbecue areas, sitting areas, decorative bike racks, and/or dog washing stations. Enhanced common side and rear yards that meet the minimum area and dimension specified in Subparagraph G.3(c)(2), above, may be counted toward common open space requirements.
(6) All yards of a subdivision abutting the right-of-way shall be improved with landscaping (combination of groundcover, shrubs, and trees) and amenities. Amenities may include decorative fencing, uncovered patios, enhanced pedestrian pathways, garden walls, seating areas, and/or decorative bike racks.
6. Small Lot Infill Subdivisions with Existing Dwellings . Small Lot Infill Subdivisions incorporating existing dwelling units, such as, but not limited to, multiple detached single -family structures or historic detached bungalow courts on a single lot, may be subdivided. The conversion of an existing structure to a Small Lot Infill Subdivision shall be required to comply with the following design standards:
(a) Common Access Driveway. Existing common access driveways, pedestrian pathways, and central common open space areas shall be maintained and not reduced in size.
(b) Pedestrian Pathway. Pedestrian pathways, minimum 3 FT in width, shall be provided from the public street to all primary entryways and common areas, such as centralized trash enclosures, guest parking, and open space easements, etc. If narrower pathways exist, they may be maintained in the same footprint and area and shall not be further reduced in width.
(c) Existing Structures. New dwelling unit construction or building additions affecting designated or identified historic structures shall be in conformance with the Secretary of the Interior's Standards for Rehabilitation.
(d) New Dwelling. All new dwelling units shall meet all applicable design standards in Paragraphs G .3 (Development Standards) and G .4 (Building Design) of this Subsection.
(e) Landscaping. All areas of the Small Lot Infill Subdivision not used for buildings, parking areas, driveways, pedestrian pathways, utilities, or amenity areas shall be fully landscaped and maintained, and automatically irrigated.
H. Density Bonus and Other Incentives.
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Ontario Development Code Page 6.02-49 (Rev. 05.02.2023)
1. Purpose. The purpose of these provisions is to establish a process whereby the City may provide a density bonus and other incentives to a developer agreeing or proposing to produce affordable housing within the City. The density bonus and incentives allowed by th ese regulations are used by the City as a means of meeting its commitment to encouraging the provision of affordable housing to all economic groups living within the City.
2. Applicability. A developer may request a density bonus and other incentives as prescribed in GC Section 65915, et seq. These density bonus provisions shall apply to single -family and multiple -family residential development projects, and mixed -use development projects, which contain a minimum of 5 dwelling units, excluding dwellings units granted as a density bonus.
3. Procedure.
a. A request for a density bonus and other incentives shall be filed, processed, and acted upon following the procedures for Development Agreements contained in Section
4.01.015 (Development Agreements) of this Development Code, and shall require the approval and adoption of a Development Agr eement and a Density Bonus Agreement for its implementation. The Density Bonus Agreement shall be filed, processed, and acted upon following the procedures for Development Agreements.
a.b. A request for a density bonus, in and of itself, shall not require a General Plan Amendment, Zone Change, Development Agreement, or other discretionary approval and shall be filed, processed, and acted upon following the procedures for Ministerial (Administrative) Permits and Decisions.
3.4. Findings and Decision . In considering a proposed density bonus and other incentives, the Approving Authority shall consider and clearly establish that the density bonus and other incentives are consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and any applicable specific plans, giving reasons as to how the proposed density bonus and other incentives are consistent. Furthermore, the Approving Authority shall grant the requested concession or incentive, unless one or more of the following findings is established, based upon substantial evidence:
a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in HSC Section 50052.5, or for rents for the targeted units to be set as specified in GC Section 659159(c).
b. The concession or incentive would have a specific adverse impact, as defined in GC Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
c. The concession or incentive would be contrary to state or federal law.
I. Residential Design Guidelines.
1. The City Council adopted Residential Design Guidelines, included as Reference "D" of this Development Code, applicable to all residential zoning districts, which are intended as a reference to assist the designer in understanding the City 's goals and objectives for residential development. The guidelines compliment the mandatory residential development regulations 389
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-50 Ontario Development Code contained in this Section, by providing examples of potential design solutions, and by providing design interpretations of the various mandatory regulations contained herein.
2. The design guidelines authorized herein shall be enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
6.01.015: Commercial Zoning Districts
A. Purpose. The purpose of the provisions of this Section is to ensure that development within commercial zoning districts of the City will contribute toward an urban environment of stable, desirable character; which is compatible with existing and future development; and is consistent with the goals and policies of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. These regulations are further established to:
1. Promote the construction of well-designed professional office buildings.
2. Reserve certain areas of the City, consistent with the Policy Plan (General Plan) component of The Ontario Plan, allowing the establishment of a full range of retail stores, business and professional offices, personal and business service establishments, transportation related service establishments, and certain wholesale establishments, which are scaled to meet the needs of City neighborhood dwellers, residents of the City as a whole, residents of the nearby region and visitors.
3. Establish appropriate standards for the siting of neighborhood convenience retail stores, helping foster neighborhood cohesion, and reducing the need for vehicular traffic.
4. Encourage the construction of attractive and functional community shopping centers at strategic locations throughout the City, consistent with the Policy Plan (General Plan) component of The Ontario Plan.
5. Ensure adequate space on commercial lots to meet the needs of commercial development, including on-site parking, loading, and landscaping.
6. Provide a strong economic and financial base, and to increase employment opportunities for City residents and those of the surrounding area.
7. Ensure a high quality of exterior appearance for commercial uses and structures is maintained in harmony with the visual character of the area in which they are located, and at the same time, minimize the impact of uses and structures on surrounding reside ntial neighborhoods.
8. Provide specific design guidelines that will result in well- designed and high quality commercial development projects.
B. Applicability. The standards and guidelines established by this Section shall apply to each of the City's commercial zoning districts. Furthermore, the provisions of this Section shall apply to all commercial land subdivisions and any new commercial construction, addition, remodel, or reallocation requiring a building permit or other similar entitlement by the City.
C. Commercial Zoning District Development Standards. Development within commercial zoning districts shall comply with the requirements of Table 6.01 -8 (Commercial Zoning District 390
Ontario Development Code Page 6.02-51 (Rev. 05.02.2023) Development Standards), below, which specifies standards for the development of structures within the CS, CN, CC, CR, CCS, OL, and OH zoning districts.
Table 6.01-8: Commercial Zoning District Development Standards Requirements Commercial Zoning Districts Additional
Regulations
CS CN CC CR CCS OL OH
A SITE DEVELOPMENT STANDARDS
1. Minimum Lot Size 10,000 SF 20,000
SF
7,200 SF Note 1
2. Maximum Floor Area
Ratio (FAR)
0.4 1.0 0.75 Note 5
3. Minimum Lot Dimensions
a. Lot Width 100 FT 60 FT Note 1
b. Lot Depth 100 FT Note 1
4. Minimum Landscape
Coverage
Refer to Division 6.05 (Landscaping) landscape standards.
Also refer to Paragraph 6.01.010. G.6.c (Single-Family Cluster and Multiple-Family Development) for additional standards addressing multiple-family development within commercial zoning districts.
a. Interior Lots 15% 10% 15% Notes 2 and 3
b. Corner Lots 18% 13% 18% Notes 2 and 3
c. Off-Street Parking
Areas
7% Section
6.05.040.D
(Landscaping of
Off-Street
Parking
Facilities)
5. Minimum Parking Space
and Drive Aisle Separations
a. Parking Space or
Drive Aisle to Street Property Line
(1) Freeway 20 FT
(2) Arterial Street 20 FT 25 FT 20 FT
(3) Collector and
Local Street
20 FT 15 FT 10 FT
b. Parking Space or
Drive Aisle to Interior Property Line
10 FT 5 FT
Exception: Property
line common to a residential
zoning district
10 FT (area shall be densely landscaped)
c. Parking Space or
Drive Aisle to Buildings, Walls, and
Fences
5 FT Note 4
6. Walls, Fences and
Obstructions
Refer to Section 6.02.02 5 (Design Standards for
Nonresidential Zoning Districts).
7. Off Street Parking Refer to Division 6.03 (Off-Street Parking and Loading).
8. Property Appearance
and Maintenance
Refer to Division 6.10 (Property Appearance and
Maintenance).
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(Rev. 05.02.2023) Page 6.02-52 Ontario Development Code Table 6.01-8: Commercial Zoning District Development Standards Requirements Commercial Zoning Districts Additional
Regulations
CS CN CC CR CCS OL OH
9. Historic Preservation Certain portions of commercial zoning districts are identified as historic or potentially historic and are listed on the City 's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02 (Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
10. Signs Refer to Division 8.1 (Sign Regulations).
11. Security Standards Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
12. Noise Buildings shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
13. Airport Safety Zones Properties within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use
Compatibility Plan (ALUCP) shall be subject to the
requirements and standards of the ALUCP.
B BUILDING DEVELOPMENT STANDARDS
1. Minimum Street Setback
a. From Freeway
Property Line
20 FT
b. From Arterial Street
Property Line
20 FT 25 FT 20 FT
c. From Collector and
Local Street Property Line
20 FT 15 FT 10 FT
2. Minimum Interior
Property Line Setback
10 FT 5 FT 0 FT 5 FT 0 FT
Exception: Setback at a
property line common to a
residential zoning district
15 FT 20 FT 15 FT
3. Maximum Height 35 FT 55 FT 35 FT 65 FT
Exception: Project
contains properties having one or
more property lines common with,
or across the street from, a
residential zoning district
Same as the adjacent residential zoning district. This exception shall not apply to development projects within the CIV (Civic) zoning district that are subject to the requirements of the OH zoning district.
4. Minimum Setback from
Major Pipelines (to habitable
structures)
50 FT Note 5
Notes:
1. There is no minimum lot area or dimension for common interest subdivisions established pursuant to Section 6.08.010 (Common Interest Subdivisions) of this Development Code.
2. Landscaped areas with a minimum dimension of 5 FT or more shall contribute toward the " minimum landscape coverage" calculation.
3. The "minimum landscape coverage" calculation for interior and corner lots shall exclude all landscaped areas located within public rights-of-way.
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4. The minimum separation area between a building, wall or fence, and a parking space or drive aisle, shall be fully landscaped. The separation area may include pedestrian walkways, as necessary; however, a minimum 3 -FT wide planter area shall be maintained between a building wall and a pedestrian walkway. The minimum se paration dimension does not include any area devoted to vehicle overhang.
5. Includes major high pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16 -inch and a 20 -inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right -of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pa cific right-of-way, then parallel to the northerly side of the right- of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.
D. Exceptions to Development Standards.
1. Building Height.
a. Aerials and Antennas, Chimneys, Cupolas, Elevator Penthouses, Flagpoles, Monuments, Parapet Walls, Spires, Towers, Water Tanks, and Other Similar Structures . Aerials and antennas, chimneys, cupolas, elevator penthouses, flagpoles, monuments, parapet walls, spires, towers, water tanks, and other similar structures may be erected to a height of up to 25 percent above the prescribed height limit of the base zoning district.
b. Amateur (HAM) Radio Antennas . HAM radio antennas may exceed the maximum prescribed height limit of a zoning district by a maximum of 10 FT. The Zoning Administrator, however, may allow HAM radio antennas to exceed this height limitation if it is necessary to accommodate amateur radio service communications. A HAM radio antenna that exceeds the maximum prescribed height limit of the zoning district in which it is located shall not exceed the minimum height and dimensions necessary to accommodate amateur radi o service communications.
c. Wireless Telecommunication Facilities. Wireless telecommunication facilities shall comply with Section 5.03.4 20 (Wireless Telecommunications Facilities) of this Development Code.
2. Encroachments into Required Setback Areas.
a. Balconies. Balconies may extend into a required street or interior property line setback area a maximum of 50 percent of the required setback, not to exceed 4 FT.
b. Cornices, Eaves, Canopies, Decorative Wall Elements, and Similar Architectural Features . Cornices, eaves, canopies, decorative wall elements, and similar architectural features may extend into a required street or interior property line setback area a maximum of 50 percent of the required setback, not to exceed 4 FT.
c. Signs. Signs and advertising structures may encroach into a required front setback area, street side setback area, or rear setback area of a through-lot, pursuant to Division
8.1 (Sign Regulations) of this Development Code.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-54 Ontario Development Code d. Walls, Fences, and Obstructions. Walls, fences, and obstructions may be permitted within required setback areas pursuant to the provisions of Division 6.02 (Fences, Walls, and Obstructions) of this Chapter.
E. General Provisions.
1. Building Setback Areas Adjoining Streets. Except as otherwise specifically provided by this Development Code, required setback areas adjoining streets shall only be used for the placement of landscaping and irrigation installed pursuant to Division 6.05 (Landscaping) , vehicular and pedestrian accesses, off -street parking and vehicular circulation, and site lighting pursuant to Division 6.03 (Off -Street Parking and Loading), walls and fences installed pursuant to Division 6.02 (Walls, Fences, and Obstructions), and sig ns installed pursuant to Division 8.1 (Sign Regulations) of this Development Code.
2. Location of Off -Street Parking Lots on Properties that Front or Have Direct Access to Euclid Avenue . Proposed off -street parking lots on properties with Euclid Avenue frontage, or having direct access to Euclid Avenue, shall be located at the side or rear of the buildings they serve, excepting shared off -street parking lots serving shopping centers. This provision shall not preclude the City approval of access driveways to parking lots on properties with Euclid Avenue frontage or having direct access to Euclid Avenue.
3. Parking Space and Drive Aisle Setback Areas . Parking space and drive aisle setback areas required pursuant to Table 6.01 -7 (Commercial Zoning District Development Standards) of this Division shall only be used for landscaping and irrigation installed pursuant to Division 6.05 (Landscaping), walls and fences installed pursuant to Division 6.02 (Walls, Fences, and Obstructions), and signs installed pursuant to Division 8.1 (Sign Regulations) of this Development Code.
4. Compatibility with Existing Surrounding Development . New buildings shall respect and enhance the qualities and features of the existing neighborhood or area in which they are built. In -fill development projects within existing developed areas that have an established character shall be compatible with, or complement, the established architectural character of the area in terms of [i] consistency of rooflines, materials, and colors; [ii] similar window and door patterns; and [iii] similar decorative elements.
5. Compatibility within a Complex or Center . Development projects consisting of multiple buildings within a complex or center shall be designed as a distinct place or district, establishing a cohesive identity for the development, which differentiates it from other commercial development projects within the area.
6. 360-Degree Architecture . Buildings shall not have the appearance of a false facade attached to the front of a uniform building shell. A building shall be designed to ensure that it's massing and proportion, along with its colors and architectural detailing, are consistent on all building walls, giving a four-sided (360-degree) appearance.
7. Corporate Architecture. A building within a complex or center, or an in-fill building within a developed area that has an established character, shall not be dominated by corporate or trademark architectural details, or building forms intended to serve as signing and marketing elements.
a. Individual corporate image, trademark, or design elements and colors intended to market the occupant of a building shall be incorporated only as secondary design 394
Ontario Development Code Page 6.02-55 (Rev. 05.02.2023) elements, and not as dominant features of the building. These secondary design elements shall be compatible with the surrounding development and shall not define the character or style of the building or development.
b. The City hereby reserves the right to require significant departures from "corporate architecture, " which is proposed for the purpose of marketing or branding the occupant of a structure, when such architectural features are determined by the Approving Authority, to dominate the established architectural theme or character of a complex or center, or that of a developed area that has an established architectural character.
8. Building Materials. Building exteriors shall be finished with attractive and durable materials, which are of high quality and require minimal maintenance.
a. Acceptable Exterior Building Finishes. Exterior building finishes shall be classified according to their visual weight and are listed in Table 6.01 -9 ( Acceptable Exterior Building Finishes), below. The list of finishes is not all -inclusive but is intended to describe the types of finishes applicable to each weighted category.
Table 6.01-9: Acceptable Exterior Building Finishes
Heavy Materials Intermediate Materials Light Materials
Natural Stone Stucco Natural Wood
Integrally-Colored Decorative
Masonry Block
Exterior Insulation and Finishing
System (EIFS)
Cement Board
Brick Smooth Textured Tilt-Up or Precast
Concrete Panels
Synthetic Wood
Cast and Synthetic Stone Architectural Metal
Richly Textured Tilt-Up or Precast
Concrete Panels
Glass Curtain Wall
b. Hierarchy of Materials.
(1) Heavy Materials—Heavy materials shall be principally located: (a) at the base of the structure, as a foundation material that visually carries the weight of the structure; and/or (b) on significant architectural elements of a structure, to define those elements or suggest that the building has been built and added to, over time. Generally, heavy materials comprise the foundation (most visually significant) materials used on the exterior wall surface area.
(2) Intermediate Materials—Intermediate materials shall be situated so as to be visually supported by heavy materials. Generally, intermediate materials comprise the body (primary building material) of a building.
(3) Light Materials —Light materials shall be positioned above intermediate materials, at the top of the structure, and visually supported by the intermediate and heavy materials below.
c. Manufactured Materials. The use of manufactured materials, such as synthetic, cast, and cultured materials is allowed, provided the materials are identical in appearance and of equal or greater durability to the natural materials they are intended to emulate.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-56 Ontario Development Code
9. Use of Structural Masonry and Masonry Veneers. Concrete block, brick, stone, and other types of structural masonry or masonry veneer shall be detailed as masonry bearing walls, especially at openings. Proper masonry detailing allows the building to be more pleasing to the eye, as the openings appear to be structurally supported.
a. Exterior Corners. Stone and brick used on exterior walls shall not terminate at exterior corners, except where such termination would be consistent with the architectural style being represented.
b. Masonry Openings. Openings in a block, brick, or stone façade, including all windows and doors, shall have a lintel, arch, or soldier course at the top of the opening, which appears to structurally support the area of masonry above the opening.
c. Horizontal Change in Material. A h orizontal change in material from masonry to another material shall include a decorative cap or sill that projects from the face of the building.
10. Parapets and Cornices.
a. A parapet wall and decorative cornice shall be used to visually terminate an exterior wall on a building with a flat roof and shall be used as the primary method for screening roof-mounted mechanical equipment.
b. The parapet and cornice design shall be in proportion to the size and scale of the building and shall reflect the architectural style and detailing of the building.
11. Gutters and Downspouts.
a. Gutters and downspouts shall be concealed from public view, unless designed as a continuous architectural feature.
b. Exposed gutters and downspouts used as architectural features should be colored to match the fascia or wall material to which they are attached.
c. Care shall be taken to avoid locating downspouts near building public entrances and openings.
12. Glazing. The ground floor glazing of a building shall be transparent. Ground floor transparency guarantees a visual connection to the casual observer located at the building exterior, which is an essential feature of commercial structures. By exposing the ground floor to the exterior, there is an invitation to participate with the activity inside. Furthermore, the use of transparent glazing provides the City's public safety personnel the ability to view inside a building without having to first enter the structure.
a. The minimum glazing required on all primary building façades shall be equal to at least 60 percent of the view plane area, with at least 50 percent of the view plane area being transparent.
b. For the purposes of these regulations governing glazing on a building, the following words, terms, and phrases are defined as follows:
396
Ontario Development Code Page 6.02-57 (Rev. 05.02.2023) (1) Primary Facade. Primary facade shall mean any exterior building elevation that faces a street, access way, pedestrian walkway, or drive aisle internal to a complex or center. For the purposes of this requirement, alleys and service drives shall not be considered a street, access way, or internal drive aisle.
(2) View Plane Area. View plane area shall mean the wall area on the primary façade of a building, which is located between 2 FT and 10 FT above the adjacent exterior grade.
(3) Transparent. Transparent shall mean glazing that is see-through from both the exterior and the interior of the building. This does not, however, preclude the use of tinted glazing.
c. This standard shall not apply if the Approving Authority determines that the required transparency is inconsistent with the operational or design needs of the building.
13. Lighting. Commercial development shall incorporate lighting fixtures that are decorative and are designed to eliminate adverse impacts of light spillover and promote safe vehicular and pedestrian access.
a. Light fixtures shall be full cut-off fixtures to prevent glare and light spill off the project site onto adjacent properties, buildings, and roadways.
b. Parking lot lighting shall comply with Section 6.03.05 0 (Parking Lot Lighting) of this Development Code and OMC Section 4-11.09(j).
c. Lighting fixtures shall be color-correct types, such as halogen, metal halide, or LED, to ensure true-color at night, visual comfort for pedestrians, and energy efficiency.
d. Pedestrian-level pole-mounted lighting, bollard lighting, ground -mounted lighting, or other low, glare-controlled fixtures mounted on buildings or walls shall be used to light pedestrian walkways. Pole-mounted, building-mounted, or tree-mounted lighting fixtures shall be no more than 12 FT in height. Bollard-type lighting shall be no more than 4 FT in height.
e. Steps, ramps, and seatwalls shall be illuminated with built -in light fixtures, were possible.
14. Building Color . Building exteriors shall incorporate colors that are of compatible hues and intensities. Color schemes shall tie building elements together, relate separate buildings within the same development, and enhance the architectural form of a building.
a. Exterior building colors shall be low -reflecting and subtle. Furthermore, overly intense, overly bright, or fluorescent or Day -Glo colors, shall not be used on a building exterior, as determined by the Planning Director.
b. The exterior building color of a new development project shall be reviewed and approved in conjunction with the approval of the structure by the Approving Authority.
Development projects consisting of multiple buildings shall incorporate colors that are coordinated between structures, utilizing compatible hues and intensities. The final review and approval of paint colors, utilizing a color test, may be required by the City, prior to painting a building.
397
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-58 Ontario Development Code c. All building mechanical equipment and appurtenances, including, but not limited to, meters, flues, vents, gutters, and utilities, shall match or complement the permanent color of the surface from which they are attached or project.
15. Roof Access Ladders. Ladders for roof access shall be mounted on the inside of the building, or if located on the building exterior, shall be completely concealed from public view.
16. Equipment Screening.
a. All exterior roof -mounted mechanical, heating and air conditioning equipment, and all appurtenances thereto, shall be completely screened from public view by parapet walls or roof screens that are architecturally treated so as to be consistent with the building architecture.
b. All ground -mounted utility equipment and structures, such as tanks, transformers, HVAC equipment, and backflow prevention devices, shall be located out of view from a public street, or adequately screened by landscaping and/or decorative low garden walls.
17. Refuse Storage Areas (Trash Enclosures).
a. Within commercial zoning districts, refuse and recyclable materials shall be stored in an appropriate container, out of view of public or private streets, and adjacent properties.
b. Refuse and recyclable materials container storage shall be within City - approved enclosures designed to contain separate containers for the collection of refuse and recyclable materials. The number of trash enclosures required, their precise locations and dimensions, and their design shall be pursuant to the City's Refuse and Recycling Planning Manual.
The requirement for refuse container storage areas may be reduced or waived by the Approving Authority if a trash compactor is used, which is screened from public view.
c. Trash enclosures shall consist of a minimum 6 -FT high decorative masonry wall, with appropriate view -obstructing gates for container access, and separate pedestrian access, which is designed to screen the interior of the enclosure from view from the exterior and prevent refuse dispersion. The enclosure design shall be consistent with the architectural design of adjacent buildings and shall include a decorative overhead roof structure to protect bins containing recyclable materials from adverse environmental conditions, which might render the collected materials unusable.
d. To the extent practicable, trash enclosures shall be located away from property lines common with sensitive uses, such as, but not limited to, dwellings, schools, playgrounds, childcare centers, health care facilities, rehabilitation centers, convalescent centers, and retirement homes.
e. Trash enclosure dimensions shall be of adequate size to accommodate containers consistent with the City 's current methods of collection within the area in which the project is located.
f. Signs clearly identifying all recycling and refuse collection areas, and the materials accepted for recycling , shall be posted adjacent to all points of access to each trash enclosure.
398
Ontario Development Code Page 6.02-59 (Rev. 05.02.2023) g. Trash enclosures shall be bordered by a minimum 5 -FT wide planter and screened with landscaping on all exposed sides, excluding the side with bin access gates, except when located out of public view.
h. Prior to the issuance of an occupancy permit, a developer or property owner(s) may be required to develop a written recycling plan, which specifies the identification of targeted materials to be recycled, and methods of recycling program promotion to tenan ts.
18. Trip Reduction. All new development projects shall fully implement trip reduction measures in compliance with Division 6.04 (Congestion Management and Trip Reduction) of this Chapter.
19. Outdoor Loading and Storage Areas.
a. Loading facilities shall be designed and constructed pursuant to Division
6.03 (Off-Street Parking and Loading) of this Development Code.
b. Areas designated for open space, landscaping, off-street parking, loading, and vehicular circulation and maneuvering shall not be used for the outdoor storage of materials or equipment.
c. The outdoor storage of materials and equipment shall be permitted only within the CC and CR zoning districts in conjunction with, and ancillary to, the primary allowed land use. Outdoor loading and storage areas, and loading doors, shall be fully enclosed by a masonry screen wall with view -obstructing gates pursuant to Paragraph 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading Doors) of this Development Code. Walls and gates visible to the public shall be decorative . Chain link fenc ing with a screening material shall not be used to screen loading and storage activities and areas.
20. Outdoor Activities . All business activities shall be conducted entirely within a completely enclosed structure, except for the following:
a. Sale or display of new or used automobiles, boats, trucks, recreational vehicles and similar large equipment;
b. Outdoor cafes and eating areas;
c. Sale or display of building material, lumber, nursery stock and similar bulk stock, subject to the location and screening requirements of this Section;
d. Temporary activities, such as Christmas tree sales, sidewalk sales and other temporary or seasonal activities, subject to the issuance of an Administrative Use Permit for temporary uses, activities, and facilities pursuant Section 4.03.015 (Administrative Use Permits) of this Development Code;
e. Off-street parking facilities, and outdoor loading and storage areas, which are properly screened pursuant to Paragraph 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading Doors) of this Chapter; and
f. As allowed pursuant to the standards contained in Division 5.03 (Standards for Specific Land Uses, Activities as Facilities) of this Development Code.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-60 Ontario Development Code
21. Noise. Within all commercial zoning districts, structures and equipment shall be designed, located, constructed, and operated in a manner so as not to exceed the maximum interior and exterior noised levels set forth in OMC Title 5 (Public Welfare, Morals, and C onduct), Chapter 29 (Noise).
22. Airport Safety Zones . Within commercial zoning districts, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
23. Security Standards. Within commercial zoning districts, any lot, and any building or structures thereon, shall comply with all applicable requirements of OMC Title 4 (Public Safety), Chapter 11 (Security Standards for Buildings).
F. Commercial Design Guidelines.
1. The City Council adopted Commercial Design Guidelines, included as Reference "E" of this Development Code, applicable to all commercial zoning districts, which are intended as a reference to assist the designer in understanding the City 's goals and objectives for commercial development. The guidelines compliment the mandatory commercial development regulations contained in this Section, by providing examples of potential design solutions and by providing design interpretations of the various mandatory regulations contained herein.
2. The design guidelines authorized herein shall be enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
6.01.020: Mixed Use Zoning Districts
A. Purpose.
1. The purpose of this Section is to establish regulations intended to encourage innovative mixed -use development as an alternative to the typical suburban, use -segregated developments found throughout the Inland Empire, which is consistent with the goals and policies of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. Generally, mixed-use districts are intended for the creation of development projects that:
a. Create a dynamic, walkable, mixed-use environment;
b. Provide for a development pattern that encourages the use of public transportation;
c. Provide for a mix of housing types that are within close proximity to retail and service uses;
d. Establish high standards for the design and development of buildings, infrastructure, and landscaping;
e. Ensure a high degree of pedestrian and vehicular connectivity, and enhance the vitality of commercial corridors within the City;
400
Ontario Development Code Page 6.02-61 (Rev. 05.02.2023) f. Facilitate the development of housing, retail, and office uses within close proximity to one another, allowing residents to walk to retail and service uses, and transit services; and
g. In selected areas, locate buildings close to the street, so that streets and squares feel enclosed, establishing outdoor rooms.
2. The intent of each established mixed-use district is as follows:
a. Downtown Mixed-Use Area. The Downtown Mixed-Use District (MU-1 zoning district) is intended to accommodate an intensive mixture of vertical and horizontal retail 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. The Downtown Mixed -Use District is intended to encourage the development and revitalization of the City's historic downtown district in such manner as to achieve the District 's full potential as a unique shopping and residential area, a s well as the City's focus for governmental, cultural, and educational activities.
b. East Holt Mixed -Use Area . The East Holt Mixed -Use District (MU -2 zoning district) is intended to accommodate the intensification of the East 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 2.0 FAR and 1.0 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.
c. Euclid/Francis Mixed-Use Area. The Euclid/Francis Mixed-Use District (MU-11 zoning district) is intended to accommodate a low-rise (up to 3 stories) mixture of retail uses at an intensity of up to 1.0 FAR, and residential uses at a density of 14 to 25 DU/AC, that will create identity and place along the Euclid Avenue corridor.
B. Applicability. The standards and guidelines established by this Section shall apply to each of the City's mixed-use zoning districts. Furthermore, the provisions of this Section shall apply to all land subdivisions for mixed-use purposes, and any new mixed-use construction, addition, remodel, or reallocation requiring a building permit or other similar entitlement by the City.
C. Mixed Use Zoning District Development Standards. Development within the MU -1, MU-2, and MU-11 mixed-use zoning districts shall comply with the following standards:
1. MU-1 (Downtown Mixed Use Area) Zoning District.
a. Planned Unit Development Required. Within the MU -1 zoning district, development shall occur only after a Planned Unit Development has first been adopted for the affected property pursuant to Section 4.01.030 (Planned Unit Developments and Amendments) of this Development Code.
b. Area Plan and Form-Based Development Standards In Lieu of Planned Unit Development Adoption. In lieu of Planned Unit Development adoption, the City may elect to prepare and adopt an Area Plan to provide additional policy -level guidance for development within MU -1 zoning district, in conjunction with the inclusion of appropriate form -based development standards within this Section, to be established on a minimum per block basis.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-62 Ontario Development Code c. Allowed Development Density/Intensity. Within the MU -1 zoning district, residential development shall range from a minimum allowed density of 25 dwelling units per acre, to a maximum allowed density of 75.0 dwelling units per acre. Commercial- retail and/or office development shall not exceed 2.0 FAR.
d. Downtown Ontario Design Guidelines. In August 1998, the City Council adopted the Downtown Ontario Design Guidelines, included as Reference " C" of this Development Code, which establishes a set of architectural, graphic, and lighting design principles, to provide guidance to business owners, homeowners, City staff, and design professionals, for the development and/or rehabilitation of properties within the City 's historic original downtown area (project area). The project area is bordered by "I" Street on the north, Vine Street on the west, Sultana Avenue on the east, and railroad tracks on the south, and is defined in Figure 1.4 (Land Use Districts) of the Downtown Ontario Design Guidelines. The design guidelines also apply to those properties located across the street from, and directly abut, the project area.
2. MU-3 (East Guasti Mixed Use) Zoning District.
a. Planned Unit Development Required. Within the MU -3 zoning district, development shall occur only after a Planned Unit Development has first been adopted for the affected property pursuant to Section 4.01.030 (Planned Unit Developments and Amendments) of this Development Code.
b. Allowed Development Density/Intensity. Within the MU -3 zoning district, commercial and residential development shall be low -rise, not to exceed 5 stories in height.
Residential development shall range from a minimum allowed density of 20.0 dwelling units per acre, to a maximum allowed density of 65.0 dwelling units per acre. Commercial-retail and office development shall not exceed 1.0 FAR.
3. MU-6 (East Holt Boulevard Mixed Use Area) Zoning District.
a. Planned Unit Development Required. Within the MU -6 zoning district, development shall occur only after a Planned Unit Development has first been adopted for the affected property pursuant to Section 4.01.030 (Planned Unit Developments and Amendments) of this Development Code.
b. Allowed Development Density/Intensity. Within the MU -6 zoning district, residential development shall range from a minimum allowed density of 14.1 dwelling units per acre, to a maximum allowed density of 40.0 dwelling units per acre. Commercial- retail development shall not exceed 1.0 FAR and commercial-office development shall not exceed 2.0 FAR.
4. MU-8B (Mountain/Fourth Mixed Use) Zoning District.
a. Planned Unit Development Required. Within the MU -8B zoning district, development shall occur only after a Planned Unit Development has first been adopted for the affected property pursuant to Section 4.01.030 (Planned Unit Developments and Amendments) of this Development Code.
b. Allowed Development Density/Intensity. Within the MU -8B zoning district, commercial and residential development shall be low -rise, not to exceed 5 stories in height .
Residential development shall range from a minimum allowed density of 20.0 dwelling units per 402
Ontario Development Code Page 6.02-63 (Rev. 05.02.2023) acre, to a maximum allowed density of 75.0 dwelling units per acre. Commercial-retail and office development shall not exceed 1.0 FAR.
5. MU-8C (West Holt Boulevard Mixed Use) Zoning District.
a. Planned Unit Development Required. Within the MU -8C zoning district, development shall occur only after a Planned Unit Development has first been adopted for the affected property pursuant to Section 4.01.030 (Planned Unit Developments and Amendments) of this Development Code.
b. Allowed Development Density/Intensity. Within the MU -8C zoning district, commercial and residential development shall be low -rise, not to exceed 5 stories in height .
Residential development shall range from a minimum allowed density of 14.0 dwelling units per acre, to a maximum allowed density of 40.0 dwelling units per acre. Commercial- retail development shall not exceed 1.0 FAR and commercial-office development shall not exceed 2.0 FAR.
6. MU-8D (Euclid/Francis Mixed Use Area) Zoning District.
a. Residential Development. Within the MU-8D zoning district, low-rise (up to 5 stories) residential development shall be allowed pursuant to the standards of the HDR -45 zoning district and shall range from a minimum allowed density of 20.0 dwelling units per acre, to a maximum allowed density of 75.0 dwelling units per acre.
b. Nonresidential Development. Within the MU -8D zoning district, nonresidential development shall be allowed pursuant to the requirements of the CC zoning district, and shall not exceed 1.0 FAR.
7. MU-8E (Euclid/Walnut Mixed Use) Zoning District.
a. Planned Unit Development Required. Within the MU -8E zoning district, development shall occur only after a Planned Unit Development has first been adopted for the affected property pursuant to Section 4.01.030 (Planned Unit Developments and Amendments) of this Development Code.
b. Allowed Development Density/Intensity. Within the MU -3 zoning district, commercial and residential development shall be low -rise, not to exceed 5 stories in height.
Residential development shall range from a minimum allowed density of 20.0 dwelling units per acre, to a maximum allowed density of 75.0 dwelling units per acre. Commercial-retail and office development shall not exceed 1.0 FAR.
6.01.025: Industrial Zoning Districts
A. Purpose. The purpose of this Section is to ensure that development within the industrial zoning districts of the City will contribute toward an urban environment of stable, desirable character, which is harmonious with existing and future development, and is consistent with the goals and policies of the Policy Plan (General Plan) component of The Ontario Plan. These regulations are further established to:
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-64 Ontario Development Code
1. Reserve appropriate areas in the community for a full range of industrial uses, which are grouped to achieve maximum compatibility with respect to the characteristics of the various types of industrial activities and processes;
2. Encourage the development of all types of industrial establishments in a manner that is consistent with sound standards of public health and safety;
3. Allow certain types of light industrial uses that are relatively free of nuisance or hazardous features, which may be located in areas nearest to residential, office, and commercial areas, while providing space for industrial uses with more severe impacts in more remote locations;
4. Protect areas appropriate for industrial development from intrusion by residences and other incompatible uses, while providing opportunities for various types of industrial establishments and similar uses to concentrate in mutually beneficial relationships to each other;
5. Ensure the provision of adequate space to meet the needs of industrial development, including landscaped setbacks, off-street parking and truck loading areas;
6. Strengthen the City 's economic base and jobs -housing balance by increasing employment opportunities close to home for residents of the City and surrounding communities;
7. Ensure that the appearance of industrial buildings and uses is compatible with the visual character of the area in which they are located; and
8. Provide a sufficient number of appropriately located sites for adult businesses within the IH (Heavy Industrial) zoning district.
B. Applicability. The standards and guidelines established by this Section shall apply to each of the City 's industrial zoning districts. Furthermore, the provisions of this Section shall apply to all industrial land subdivisions and any new industrial construction, addition, remodel, or reallocation requiring a building permit or other similar entitlement by the City.
C. Development Standards. Development within industrial zoning districts shall comply with the requirements of Table 6.01-10 (Industrial Zoning District Development Standards), below, which specifies standards for the development of structures within the BP, IP, IL, IG, and IH zoning districts.
Table 6.01-10: Industrial Zoning District Development Standards Requirements
Industrial Zoning Districts Additional
Regulations BP IP IL IG IH
A. SITE DEVELOPMENT STANDARDS
1. Minimum Lot Area 1.0 AC 10,000 SF Note 1
2. Maximum Floor Area Ratio
(FAR)
0.60 0.55 Note 7
3. Minimum Lot Dimensions 100 FT – Lot Width
100 FT – Lot Depth
Note 1
4. Minimum Landscape
Coverage
Refer to Division 6.05 (Landscaping)
a. Interior Lots 15% 10% Notes 2 and 3
b. Corner Lots 20% 15% Notes 2 and 3
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Ontario Development Code Page 6.02-65 (Rev. 05.02.2023) Table 6.01-10: Industrial Zoning District Development Standards Requirements
Industrial Zoning Districts Additional
Regulations BP IP IL IG IH
c. Off-Street Parking
Areas
7% See Section
6.05.040.D
(Landscaping of
Off-Street
Parking
Facilities)
5. Minimum Parking Space
and Drive Aisle Separations
a. Parking Space or
Drive Aisle to Street Property Line
20 FT 10 FT
b. Parking Space or
Drive Aisle to Interior Property Line
5 FT Notes 4 and 5
Exception: From
property line common with
residential district
10 FT (area shall be densely
landscaped)
n/a
c. Parking Space to
Buildings, Walls, and Fences
10 FT - Areas adjacent to public entries and office areas 5 FT - Areas adjacent to other building areas
Note 5
Exception: Within
screened loading and storage yard
areas
0 FT
d. Drive Aisles to
Buildings, Walls, and Fences
10 FT Note 5
Exception: Within
screened loading and storage
yard areas
0 FT
6. Minimum Screened
Loading and Storage Yard
Separations
a. Enclosed Loading and
Storage Yard to Street Property Line
20 FT - Freeways
20 FT - Arterial Streets
10 FT - Collector/Local Streets
b. Screened Loading
and Storage Yard to Interior
Property Line
0 FT
Exception: From
interior property line common with
residential district
10 FT (area shall be densely landscaped) n/a
c. Screened Loading
and Storage Yard to Buildings, Walls,
and Fences
0 FT
7. Walls, Fences and
Obstructions
Refer to Section 6.02.02 5 (Design Standards for Nonresidential Zoning Districts).
8. Off Street Parking Refer to Division 6.03 (Off-Street Parking and Loading).
9. Property Appearance and
Maintenance Refer to Division 6.10 (Property Appearance and Maintenance). 405
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-66 Ontario Development Code Table 6.01-10: Industrial Zoning District Development Standards Requirements
Industrial Zoning Districts Additional
Regulations BP IP IL IG IH
10. Historic Preservation Certain portions of commercial zoning districts are identified as historic or potentially historic, and are listed on the City 's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02 (Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
11. Signs Refer to Division 8.1 (Sign Regulations).
12. Security Standards Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
13. Noise Buildings shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
14. Airport Safety Zones Properties within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
B. BUILDING DEVELOPMENT STANDARDS
1. Maximum Area Per
Building
45,000 SF - Single-Tenant
60,000 SF - Multi-Tenant
See Note 9 n/a
2. Minimum Street Setback
a. From Freeway
Property Line
20 FT
b. From Arterial Street
Property Line
10 FT - Holt Boulevard
20 FT - All Other Arterial Streets
c. From Collector and
Local Street Property Line
10 FT
3. Minimum Interior Property
Line Setback
0 FT Note 6
Exception: Property line
common with residential districts
30 FT
4. Maximum Height 45 FT 55 FT Note 7
5. Minimum Setback From
Major Pipelines (to habitable
structures)
50 FT Note 8
Notes:
1. There is no minimum lot area or dimension for common interest subdivisions established pursuant to Section 6.08.010 (Common Interest Subdivisions) of this Development Code.
2. Landscaped areas with a minimum dimension of less than 5 FT shall not contribute toward the "minimum landscape coverage" calculation.
3. The "minimum landscape coverage" calculation for interior and corner lots shall exclude all landscaped areas located within public rights-of-way.
4. Within yard areas fully screened by a decorative wall, there shall be no minimum drive aisle or parking space setback required, unless adjacent to residentially zoned properties. 406
Ontario Development Code Page 6.02-67 (Rev. 05.02.2023)
5. The minimum separation area between a building, wall, or fence, and a parking space or drive aisle, shall be fully landscaped. The separation area may include pedestrian walkways, as necessary; however, a minimum 3 -FT wide planter area shall be maintain ed between a building wall and a pedestrian walkway. The minimum separation dimension does not include any area devoted to vehicle overhang.
6. There shall not be a minimum required building setback from property lines that are interior to a business park, or industrial park or complex.
7. The maximum building height and FAR may be restricted pursuant to the Ontario International Airport Land Use Compatibility Plan (ALUCP). Refer to the ALUCP for properties affected by airport safety zones.
8. Includes major high pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16 -inch and a 20 -inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right -of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pa cific right-of-way, then parallel to the northerly side of the right- of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.
9. Within the IL zoning district, lots abutting, or directly across the street from, a residentially zoned property, shall comply with the "Maximum Height" applicable to the BP and IP zoning districts.
D. Exceptions to Development Standards. The following exceptions from the industrial zoning district development standards stipulated in Table 6.01 -8 (Industrial Zoning District Development Standards) shall be permitted:
1. Building Height.
a. Aerials and Antennas, Chimneys, Cupolas, Elevator Penthouses, Flagpoles, Monuments, Parapet Walls, Spires, Towers, Water Tanks, and Other Similar Structures . Aerials and antennas, chimneys, cupolas, elevator penthouses, flagpoles, monuments, parapet walls, spires, towers, water tanks, and other similar structures may be erected to a height of up to 25 percent above the prescribed height limit of the base zoning district.
b. Amateur (HAM) Radio Antennas . HAM radio antennas may exceed the maximum prescribed height limit of a zoning district by a maximum of 10 FT. The Zoning Administrator, however, may allow HAM radio antennas to exceed this height limitation if it is necessary to accommodate amateur radio service communications. A HAM radio antenna that exceeds the maximum prescribed height limit of the zoning district in which it is located shall not exceed the minimum height and dimensions necessary to accommodate amateur radi o service communications.
c. Wireless Telecommunication Facilities. Wireless telecommunication facilities shall comply with Section 5.03.4 2 (Wireless Telecommunications Facilities) of this Development Code.
2. Encroachments into Required Setback Areas.
a. Cornices, Eaves, Canopies, Decorative Wall Elements, and Similar Architectural Features . Cornices, eaves, canopies, decorative wall elements, and similar architectural features may extend into a required street or interior property line setback area a maximum of 50 percent of the required setback, not to exceed 4 FT.
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(Rev. 05.02.2023) Page 6.02-68 Ontario Development Code b. Signs. Signs and advertising structures may encroach into a required front street setback area pursuant to Division 8.1 (Sign Regulations) of this Development Code.
c. Walls, Fences, and Obstructions. Walls, fences, and obstructions may be permitted within required setback areas pursuant to the provisions of Division 6.02 (Fences, Walls, and Obstructions) of this Chapter.
E. General Provisions. The following general regulations shall be applicable to all land uses, activities, and facilities within each industrial zoning district:
1. Building Setback Areas Adjoining Streets. Except as otherwise specifically provided by this Development Code, required setback areas adjoining streets shall only be used for the placement of landscaping and irrigation installed pursuant to Division 6.05 (Landscaping) , . vehicular and pedestrian accesses, off -street parking and vehicular circulation, and site lighting pursuant to Division 6.03 (Off -Street Parking and Loading), walls and fences installed pursuant to Division 6.02 (Walls, Fences, and Obstructions), and sign s installed pursuant to Division 8.1 ( Sign Regulations) of this Development Code.
2. Parking Space and Drive Aisle Setback Areas . Parking space and drive aisle setback areas required pursuant to Table 6.01 -10 (Industrial Zoning District Development Standards) shall only be used for landscaping and irrigation installed pursuant to Division 6.05 (Landscaping), walls and fences installed pursuant to Division 6.02 (Walls, Fences, and Obstructions), and signs inst alled pursuant to Division 8.1 (Sign Regulations) of this Development Code.
3. Refuse Storage Areas (Trash Enclosures).
a. Within industrial zoning districts, refuse and recyclable materials shall be stored in an appropriate container, out of view of public or private streets, and adjacent properties.
b. Refuse and recyclable materials container storage shall be within City - approved enclosures designed to contain separate containers for the collection of refuse and recyclable materials. The number of trash enclosures required, their precise locations and dimensions, and their design shall be pursuant to the City's Refuse and Recycling Planning Manual.
The requirement for refuse container storage areas may be reduced or waived by the Approving Authority if a trash compactor is used, which is screened from public view.
c. Trash enclosures shall consist of a minimum 6 -FT high decorative masonry wall, with appropriate view -obstructing gates for container access, and separate pedestrian access, which is designed to screen the interior of the enclosure from view from the exterior and prevent refuse dispersion. The enclosure design shall be consistent with the architectural design of adjacent buildings and shall include a decorative overhead roof structure to protect bins containing recyclable materials from adverse environmental conditions, which might render the collected materials unusable.
d. To the extent practicable, trash enclosures shall be located away from property lines common with sensitive uses, such as, but not limited to, dwellings, schools, playgrounds, childcare centers, health care facilities, rehabilitation centers, convalescent centers, and retirement homes.
408
Ontario Development Code Page 6.02-69 (Rev. 05.02.2023) e. Trash enclosure dimensions shall be of adequate size to accommodate containers consistent with the City 's current methods of collection within the area in which the project is located.
f. Signs clearly identifying all recycling and refuse collection areas, and the materials accepted for recycling shall be posted adjacent to all points of access to each trash enclosure.
g. Trash enclosures shall be bordered by a minimum 5 -FT wide planter and screened with landscaping on all exposed sides, excluding the side with bin access gates, except when located out of public view.
h. Prior to the issuance of an occupancy permit, a developer or property owner(s) may be required to develop a written recycling plan, which specifies the identification of targeted materials to be recycled, and methods of recycling program promotion to tenan ts.
4. Lighting. Commercial development shall incorporate lighting fixtures that are decorative and are designed to eliminate adverse impacts of light spillover and promote safe vehicular and pedestrian access.
a. Light fixtures shall be full cut-off fixtures to prevent glare and light spill off the project site onto adjacent properties, buildings, and roadways.
b. Parking lot lighting shall comply with Section 6.03.05 0 (Parking Lot Lighting) of this Development Code and OMC Section 4-11.09(j).
c. Lighting fixtures shall be color-correct types, such as halogen, metal halide, or LED, to ensure true-color at night, visual comfort for pedestrians, and energy efficiency.
d. Pedestrian-level pole-mounted lighting, bollard lighting, ground -mounted lighting, or other low, glare-controlled fixtures mounted on buildings or walls shall be used to light pedestrian walkways. Pole-mounted, building-mounted, or tree-mounted lighting fixtures shall be no more than 14 FT in height. Bollard-type lighting shall be no more than 4 FT in height.
e. Steps, ramps, and seatwalls shall be illuminated with built -in light fixtures, were possible.
5. Equipment Screening.
a. All exterior roof -mounted mechanical, heating and air conditioning equipment, and all appurtenances thereto, shall be completely screened from public view by parapet walls or roof screens that are architecturally treated so as to be consistent with the building architecture.
b. All ground -mounted utility equipment and structures, such as tanks, transformers, HVAC equipment, and backflow prevention devices, shall be located out of view from a public street, or adequately screened through the use of landscaping and/or decorative low garden walls.
6. Outdoor Loading and Storage Areas.
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(Rev. 05.02.2023) Page 6.02-70 Ontario Development Code a. Loading facilities shall be designed and constructed pursuant to Division
6.03 (Off-Street Parking and Loading) of this Chapter.
b. Areas designated for open space, landscaping, off-street parking, loading, and vehicular circulation and maneuvering, shall not be used for the outdoor storage of materials or equipment.
c. The outdoor storage of materials and equipment shall be permitted only within the IL, IG, IH, and ONT zoning districts in conjunction with, and ancillary to, the primary allowed land use, except as otherwise allowed pursuant to Table 5.02 -1 (Land Use Matri x) of this Development Code.
d. Outdoor loading and storage areas, and loading doors, shall be screened from public view by a decorative masonry wall with view -obstructing gates , pursuant to Paragraph 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading Doors) of this Development Code. Furthermore, loading and storage areas, and loading doors, shall not face a freeway, Euclid Avenue, or Mission Boulevard , unless fully screened from view of the freeway or street.
e. The outdoor storage of materials or equipment shall not be allowed within the BP and IP zoning districts.
7. Outdoor Manufacturing and Processing.
a. Manufacturing and processing activities shall be conducted within a wholly enclosed building, except that outdoor manufacturing and processing activities may be allowed within the IG, IH, and ONT zoning districts in conjunction with, and ancillary to, the primary allowed land use, subject to the approval of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code.
b. Outdoor manufacturing and processing activities allowed pursuant to Subparagraph C.7.a, above, shall be screened from public view by buildings and/or decorative masonry walls with view-obstructing gates.
8. Outdoor Sales and Display . Within industrial zoning districts, all sales and display activities shall be conducted within a wholly enclosed building, except as follows:
a. Sale or display of new or used automobiles, boats, trucks, recreational vehicles and similar large equipment;
b. Outdoor cafes and eating areas;
c. Sale or display of building material, lumber, nursery stock and similar bulk stock, subject to the location and screening requirements of this Section;
d. Temporary activities, such as Christmas tree sales, sidewalk sales and other temporary or seasonal activities, subject to the issuance of an Administrative Use Permit for temporary uses, activities, and facilities pursuant Section 4.03.015 (Administrative Use Permits) of this Development Code;
410
Ontario Development Code Page 6.02-71 (Rev. 05.02.2023) e. Off-street parking facilities, and outdoor loading and storage areas, which are properly screened pursuant to Paragraph 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading Doors) of this Chapter; and
f. As allowed pursuant to the standards contained in Division 5.03 (Standards for Specific Land Uses, Activities as Facilities) of this Development Code.
9. Building Color . Building exteriors shall incorporate colors that are of compatible hues and intensities. Color schemes shall tie building elements together, relate separate buildings within the same development, and enhance the architectural form of a building.
a. Exterior building colors shall be low -reflecting and subtle. Furthermore, overly intense, overly bright, or fluorescent or Day -Glo colors, shall not be used on a building exterior, as determined by the Planning Director.
b. The exterior building color of a new development project shall be reviewed and approved in conjunction with the approval of the structure by the Approving Authority.
Development projects consisting of multiple buildings shall incorporate colors that are coordinated between structures, utilizing compatible hues and intensities. The final review and approval of paint colors, utilizing a color test, may be required by the City, prior to painting a building.
c. All building mechanical equipment and appurtenances, including, but not limited to, meters, flues, vents, gutters, and utilities, shall match or complement the permanent color of the surface from which they are attached or project.
10. Roof Access Ladders. Ladders for roof access shall be mounted on the inside of the building, or if located on the building exterior, shall be completely concealed from public view.
11. Gutters and Downspouts. Gutters and downspouts shall be concealed from public view, unless designed as a continuous architectural feature. Exposed gutters and downspouts used as architectural features should be colored to match the fascia or wall material to which they are attached.
12. Trip Reduction. All new development projects shall fully implement trip reduction measures in compliance with Division 6.04 (Congestion Management and Trip Reduction) of this Chapter.
13. Noise. Within all industrial zoning districts, structures and equipment shall be designed, located, constructed, and operated in a manner so as not to exceed the maximum interior and exterior noised levels set forth in OMC Title 5 (Public Welfare, Morals, and C onduct), Chapter 29 (Noise).
14. Airport Safety Zones . Industrially zoned properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
15. Security Standards . Within industrial zoning districts, any lot, and any building or structures thereon, shall comply with all applicable requirements of OMC Title 4 (Public Safety), Chapter 11 (Security Standards for Buildings).
F. Industrial Design Guidelines.
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(Rev. 05.02.2023) Page 6.02-72 Ontario Development Code
1. The City Council adopted Industrial Design Guidelines, included as Reference "F" of this Development Code, applicable to all industrial zoning districts, which are intended as a reference to assist the designer in understanding the City 's goals and objectives for industrial development. The guidelines compliment the mandatory industrial development regulations contained in this Section, by providing examples of potential design solutions and by providing design interpretations of the various mandatory regulations contained herein.
2. The design guidelines authorized herein shall be enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
6.01.030: Specialized Use Zoning Districts
A. Purpose. The purpose of this Section is to ensure that development within each Special Purpose zoning district of the City will contribute toward an urban environment of stable, desirable character, which is harmonious with existing and future development, and is consistent with the goals and policies of the Policy Plan (General Plan) component of The Ontario Plan.
B. Applicability. The standards and guidelines established by this Section shall apply to each of the City's special purpose zoning districts. Furthermore, the provisions of this Section shall apply to all subdivisions of land and any new construction, addition, remodel, or reallocation requiring a building permit or other similar entitlement by the City, within a Special Purpose zoning district.
C. Specialized Use Zoning District Standards. The design and development of properties located within specialized use zoning districts shall comply with the following:
1. CIV (Civic) Zoning District. The CIV zoning district is 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 utilized by the public.
Properties within the CIV zoning district shall be developed pursuant to the standards and guidelines applicable to the OH zoning district (see Section 6.01.015 (Commercial Zoning District) of this Division).
2. MHP (Mobile Home Park) Zoning District. The MHP zoning district is established to accommodate communities consisting of mobile homes and manufactured housing. All development within the MHP zoning district shall be designed and constructed pursuant to the requirements of Section 5.03.295 (Mobilehome Parks) of this Development Code.
3. ONT (Ontario International Airport) Zoning District. The ONT zoning district is established to accommodate on-going development of Ontario International Airport and surrounding properties directly impacted by airport operations. All development within the ONT zoning district shall be designed and constructed pursuant to the applicable requirements of Section 5.03.020 (Air Transportation) of this Development Code.
4. OS-C (Open Space -Cemetery) Zoning District . The OS- C zoning district is established to accommodate cemetery sites. Properties within the OS -C zoning district shall be developed pursuant to the standards and guidelines applicable to the OL zoning district (see Section 6.01.015 (Commercial Zoning District) of this Division).
5. OS-R (Open Space -Recreation) Zoning District . The OS- R zoning district is established to accommodate open space uses, such as public parks and recreation centers. 412
Ontario Development Code Page 6.02-73 (Rev. 05.02.2023) Properties within the OS -R zoning district shall be developed pursuant to the standards and guidelines applicable to the OL zoning district (see Section 6.01.015 (Commercial Zoning District) of this Division).
6. 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. All development within the PUD zoning district shall only be allowed pursuant the applicable Planned Unit Development document.
7. RC (Rail Corridor) Zoning District. The RC zoning district is established to accommodate permanent rail or fixed transit corridors through the City, as well as stations and similar ancillary facilities. Properties within the RC zoning district shall be developed pursuant to the standards and guidelines applicable to the IH zoning district (see Section 6.01.025 (Industrial Zoning District) of this Division).
8. 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 development within the SP zoning district shall be designed and constructed pursuant to the standards and guidelines of the applicable Specific Plan document. (Note: If no specific plan has been adopted for a property within the SP zoning district, a new specific plan shall be adopted for the property, or the property shall be annexed to an existing neighboring specific plan, prior to the issuance of any grading or building permits.)
9. UC (Utility Corridor) Zoning District. The UC zoning district is established to accommodate flood control channels, retention and detention basins, electrical transmission corridors, and landfills, and may include ancillary recreational facilities in conjunction with the primary use of the site. Properties within the UC zoning district shall be developed pursuant to the standards and guidelines applicable to the OL zoning district (see Section 6.01.015 (Commercial Zoning District) of this Division).
6.01.035: Overlay Zoning Districts
A. Purpose. The purpose of this Section is to ensure that development within each Overlay zoning district of the City will contribute toward an urban environment of stable, desirable character, which is harmonious with existing and future development, and is consisten t with the goals and policies of the Policy Plan (General Plan) component of The Ontario Plan.
B. Applicability. The standards and guidelines established by this Section shall apply to each of the City's overlay districts. Furthermore, the provisions of this Section shall apply to all subdivisions of land and any new construction, addition, or remodel requiring a building permit or other similar entitlement by the City, within an overlay district.
C. Overlay Zoning District Standards. The design and development of properties located within overlay zoning districts shall comply with the following:
1. AG (Agricultural) Overlay Zoning District.
a. Purpose. The purpose of the AG Overlay zoning district is to accommodate the continuation of agricultural uses within the City, on an interim basis, until such time that the Overlay District is developed consistent with the goals and policies of The Ontario Plan. The 413
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-74 Ontario Development Code transition of the AG Overlay zoning d istrict will be gradual, requiring the establishment of regulations intended to guide agricultural-related development activities for the interim period. It is the intent of the AG Overlay zoning district to allow for the continuation of agricultural uses and related support uses as defined herein. The AG Overlay zoning district is further intended to protect vital agricultural uses by limiting land use activity to those uses which are compatible and supportive of agriculture and related uses, and/or their products.
b. Applicability.
(1) The herein established rights and responsibilities applicable to the AG Overlay District shall apply to all property located within the boundary of the Overlay District, as shown on the official Zoning Map of the City. The AG Overlay zoning d istrict provisions established herein, shall apply to all existing and new building construction, additions, remodels, or reallocations, whether or not a building permit, or other similar entitlement , is required by the City.
(2) Any new building construction, excepting buildings to accommodate agricultural uses or agricultural -related activities, and single -family homes and buildings ancillary thereto on lots 10 acres or more in area, shall first require the adoption of a Specific Plan pursuant to Section 4.01.035 (Specific Plans and Amendments) of this Development Code, which prescribes the allowed land uses, development regulations and guidelines, and sign regulations applicable to the project.
(3) All rights pertain ing to the AG Overlay zoning d istrict established herein, shall run with the land and shall be transferable to any future owner(s) of property within the AG Overlay district, and their assigns.
c. Definitions. For the purpose of the AG Overlay zoning d istrict, the words or phrases listed below, in correct alphabetical order, shall have the meanings hereafter specified:
Agricultural Support Services. These uses are supportive of the farm community and are fully compatible with agricultural uses. Agricultural support services are uses which directly support, or which are accessory or incidental to, established agricultural uses within the AG Overlay zoning district. These include, but are not limited to the following:
1) Agricultural chemicals, fuel and fuel oil, nonflammable bottled gas;
2) Animal husbandry services veterinary services for large and small animals, and horseshoeing;
3) Farm machinery equipment and supplies, sale and repair;
4) Farm produce sales and supply (feed, hay, grain and grain products, fertilizer);
5) Farm products packaging and processing;
6) Feed storage, farm products warehousing and storage (except stockyards); and
7) Waste management facilities and fertilizer operations in accordance with applicable local, State and Federal regulations. 414
Ontario Development Code Page 6.02-75 (Rev. 05.02.2023)
Animal Confinement Facility. Where used, the term "animal confinement facility" includes animal barns, corrals, or pens.
Commercial Kennels and Catteries . The keeping of more than 5 dogs or 5 cats over the age of 4 months for breeding, boarding, training, or sale on a lot minimum 2.5 acres in area.
Cow and Goat Dairies. Any premises where milk is produced for wholesale distribution and where 10 or more cows or goats are in lactation.
Crop Production. A primary use of the land which includes cultivation of open field or greenhouse crops, fruits, vegetables, grain, fibers, flowers, ornamental and nursery plant materials for wholesale or retail sales and ultimate consumption by others.
Expanded Use. An expanded use consists of a building expansion or new construction in excess of 5,000 square feet.
Trade of Livestock. Sale of livestock to general public (e.g. animal auctions).
d. Uses Generally. No building, structure, or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged, except for the purposes set out in this Paragraph C.1 (AG (Agricultural) Overlay Zoning District) of this Section.
e. Permitted Land Uses. In addition to those land uses allowed in the AG Overlay District as prescribed by Table 5.01 -1 (Land Use Matrix) of this Development Code, the following land uses are permitted by right of being within the correct zoning district:
(1) Row, field, tree, and crop production;
(2) Plant nurseries (retail and wholesale);
(3) Single dwelling unit on a lot not less than 10 acres in area; a specific plan is required for any subdivision or master planned development; and
(4) Animal keeping activities, excepting household pets, shall comply with the following:
(a) Animal keeping shall be on a legally recognized lot no less than 2 acres in area. Lot area used to qualify one animal type shall not be reused to qualify another animal type;
(b) Proper management of animal waste shall be carried out in accordance with all requirements of the State Regional Water Quality Control Board or regulating agency;
(c) Small animal keeping. Aviary or similar small animal ranches or farms (excluding chicken and hog ranches) shall be permitted on lots that are at least one-half acre in area. Fish raising shall be limited to one pond per acre, with a maximum of 4 ponds per parcel. Each pond shall not exceed one-half acre in area; and
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(Rev. 05.02.2023) Page 6.02-76 Ontario Development Code (d) Refer to Table 6.01- 11 (Animal Types and Densities), below, for animal density requirements and Section 5.03.410 (Urban Agriculture) of this Development Code, for animal separation/setback requirements.
Table 6.01-11: Animal Types and Maximum Densities
Animal Type Maximum Animal Density Additional
Regulations
A. Dairy Cow As permitted by Approving Authority Note 1 B. Non-dairy Cattle/Buffalo 1/6,000 SF of lot area
C. Horses 1/6,000 SF of lot area
D. Swine (5 maximum) 1/12,000 SF of lot area
E. Sheep, female goats and
similar livestock 1/3,000 SF of lot area
F. Male adult goats
1. Parcel < 10 acres One maximum
2. 10 acres and above 1/5 acres of lot area (not to exceed 4 maximum) G. Rabbits and chinchillas (200
maximum) 50/10,000 SF of lot area
H. Ostriches 1/6,000 SF of lot area
I. Emus and rheas 1/6,000 SF of lot area
J. Poultry
1. Female
a. Parcel < 10 acres 25 maximum
b. 10 acres and above 25/ 10 acres of lot area (50 maximum)
2. Male (9 maximum)
a. Parcel < 10 acres 2 species/parcel
b. 10 acres and above 2 species/5 acres
Notes:
1. New or expansions to existing dairy or other animal confinement facilities shall be considered on a case-by-case basis, subject to the approval of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code. Ani mal density shall be as determined by the appropriate approving authority (i.e. Regional Water Quality Control Board) which may impose special operational conditions, requirements or standards deemed necessary to insure the public health, safety, and general welfare. Animal density shall be based on measures to prevent the unacceptable nitrification or salt pollution of soils, and the pollution of groundwater by nitrates and salts emanating from the facility, as defined by the Regional Water Quality Control Board.
f. Conditionally Permitted Land Uses. In addition to those land uses allowed in the AG Overlay District as prescribed by Table 5.01-1 (Land Use Matrix) of this Development Code, the following land uses shall be allowed subject to the approval of a Conditional Use Permit pursuant to the requirements of Section 4.02.015 (Conditional Use Permits) of this Development Code:
(1) Agricultural Support Services;
416
Ontario Development Code Page 6.02-77 (Rev. 05.02.2023) (2) Animal raising of densities greater than or the raising of animal types different than those specified by this Paragraph C.1 (AG (Agricultural) Overlay Zoning District), subject to review by the appropriate Approving Authority (such as Regional Water Quality Control Board); and fish raising using ponds or lakes that are of greater surface area or number than those specified by this Paragraph C.1 (AG (Agricultural) Overlay Zoning District);
(3) Animal hospitals and veterinary clinics;
(4) Antennas and wireless telecommunications facilities;
(5) Apiaries;
(6) Calf growing ranches (lots shall be 5 or more acres in area);
(7) Places of worship within an existing building, and expansions to existing facilities (establishment of new places of worship in new structures shall only be permitted as part of a specific plan);
(8) Dairies, including expansions to existing dairies;
(9) Educational facilities and institutions;
(10) Fertilizer operations;
(11) Kennels (requires a 2.5-acre minimum lot size);
(12) Mushroom farms (the use of manure as a planting/growing medium is prohibited);
(13) Rodeos;
(14) Trade of livestock; and
(15) Waste management facilities.
g. Time Limit for Conditionally Permitted Land Uses. Conditionally permitted uses may be subject to a 5 -year time limit through an agreement with the applicant, in order to assess potential impacts from the conditional use upon surrounding land uses. Under such time limit, a time extension application may be filed at least 6 months prior to the end of the 5 -year period. Approval of a time extension request shall be based on the continued compatibility of the project with surrounding land uses.
h. Temporary Uses. The following temporary uses are permitted, subject to the requirements of Section 5.03.395 (Temporary and Interim Land Uses, Buildings and Structures) of this Development Code:
(1) Christmas tree and Halloween pumpkin sales, or other similar seasonal sales authorized by the City, not to exceed a period of 30 days, each;
(2) Temporary produce stands in conjunction with an Urban Farm established pursuant to Section 5.03.410.F (Urban Farms) of this Development Code; and
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(Rev. 05.02.2023) Page 6.02-78 Ontario Development Code (3) Temporary Wireless Telecommunications Facilities.
i. Accessory Uses. The following accessory uses, and structures are permitted when customarily associated with, and subordinate to, a permitted use on the same lot:
(1) Barns, stables, storage tanks, and other farm buildings;
(2) Accessory dwelling unit or guesthouse, not to exceed one per lot, pursuant to the requirements of Section 5.03.030 (Accessory Residential Structures) of this Development Code. Any guesthouse or accessory dwelling unit shall meet the setbacks of the main structure as listed in Table 6.01 -12 (AG (Agricultural) Overlay Zoning District Development Standards);
(3) Accessory building(s) not usable as a guesthouse or accessory dwelling unit. There shall be no maximum size for accessory structures in the AG Overlay District.
Accessory Structures in the AG Overlay District in excess of 650 SF shall not require the approval of a Conditional Use Permit;
(4) Office unit in conjunction with row, field, tree, plant nursery, or crop production operation, not to exceed 1,500 SF in area (maximum one building per lot). An office unit shall meet the setbacks of the main structure as listed in Table 6.01 -12 ( AG (Agricultural) Overlay Zoning District Development Standards);
(5) Caretaker's unit, not to exceed 650 SF in area (maximum one building per lot). Any caretaker's unit shall meet the setbacks of the main structure as listed in Table
6.01-12 (AG (Agricultural) Overlay Zoning District Development Standards);
(6) Garages and carports;
(7) Fences and walls;
(8) Patio covers;
(9) Swimming pools; and
(10) Stands for the sale of agricultural products grown or produced on the same premises (excluding milk and meat products), subject to the following conditions:
(a) Stand shall be permitted only on lots containing a minimum of 10,000 SF;
(b) The floor area of the stand shall not exceed 100 SF;
(c) The stand shall not have a permanent foundation;
(d) The owner(s) shall remove such stand at their expense when the use has terminated;
(e) Stands shall be located a minimum of twenty (20) feet from the right-of-way line of any street or highway;
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Ontario Development Code Page 6.02-79 (Rev. 05.02.2023) (f) Adequate provision for traffic circulation, off -street parking, and pedestrian safety shall be provided to the satisfaction of the Planning Director; and
j. Prohibited Uses. Notwithstanding Subparagraphs d through f of Paragraph C.1 (AG (Agricultural) Overlay Zoning District) of this Section, the following uses shall be specifically prohibited:
(1) Animal slaughter operations;
(2) Commercial poultry ranches;
(3) Commercial hog ranches; and
k. Uses Not Specifically Listed. The Zoning Administrator may make a land use determination pursuant to Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code, for those uses not specifically listed herein as permitted or conditionally permitted uses, base d on the similarity of the subject use to one of the categories listed in Subparagraphs d through f of this Paragraph C.1 ( AG (Agricultural) Overlay Zoning District ), and the herein stated purpose of the AG Overlay District.
l. Nonconforming Uses and Structures. Nonconforming uses and structures within the AG Overlay District shall be governed by Division 3.01 (Nonconforming Lots, Land Uses, and Structures) of this Development Code, except as follows:
(1) Abandonment. Whenever a nonconforming use or structure has been abandoned, the nonconforming use or structure shall not be reestablished, and the use of the structure and the site thereafter shall be in conformity with the regulations of the AG Overlay District. For t he purposes of this Paragraph C.1 ( AG (Agricultural) Overlay Zoning District ), discontinuance of the nonconforming use for a continuous period of 180 days shall be conclusive evidence of abandonment of such nonconforming use regardless of the landowner's intent.
(2) Special Hardship Circumstances. The Zoning Administrator may extend the 180 -day period for up to an additional 180 days. To receive such consideration, the property owner shall request an extension, in writing, prior to the expiration of the initial 180 -day period, including a full explanation of the reason why the extension should be granted.
m. Animal Keeping/Separation Standards. The following site development standards shall apply to the keeping of animals, except household pets:
(1) Animals shall be restrained a distance of at least 40 FT, measured in a straight line, from any habitable structure or structure used for public assembly located on adjoining property. For dairies, refer to Subparagraph n of this Paragraph C.1 ( AG (Agricultural) Overlay Zoning District), for separation requirements;
(2) Animals shall be restrained a distance of at least 5 FT from interior side and rear property lines, and 15 feet from street side property lines;
(3) Animals shall be secured by a fence or wall at least 5 FT in height, made of chain link, wood with horizontal members no less than 6 inches apart, solid masonry or other appropriate solid confining material. Property line walls and fences may be used to se cure animals, provided the appropriate restraint distances are maintained;
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-80 Ontario Development Code (4) Animals shall be kept a minimum of 100 FT from any domestic water well;
(5) For new diaries/feed lots, a separation of 500 FT shall be required between an animal feed trough, corral/pen from new development and/or from property with a residential or nonresidential tract map recorded after January 1, 2000, as measured from the building setback line; and
(6) A reduction in animal separation requirements may also be considered for facilities with proven means of reducing odors, such as covering lagoons, substituting concrete-lined pits for lagoons, and employing recommended ventilation systems for animal confinement buildings. Consideration of alternative setbacks shall be subject to consultation with qualified agricultural engineers to ensure that the measure will reliably accomplish the intended purpose.
n. Separation Requirements for New Development. The following separation requirements from existing dairies/feed lots shall apply to new residential, commercial, and/or industrial development or structures used for public assembly purposes from existing dairies/feed lots:
(1) A minimum 100 -FT separation shall be required between a new residential, commercial, or industrial development or structure used for public assembly and an existing animal feed trough, corral/pen or an existing dairy/feed lot including manure stockpiles and related wastewater detention basins. The 100-FT separation requirement may be satisfied by an off-site easement acceptable to the Planning Director with adjacent properties, submitted with the initial final map and recorded prior to or concurrent with the final map; and
(2) Separation requirements between dairies within a proposed specific plan area and new development will be addressed through the specific plan review procedure which may include buffers, expanded parkways, open space, and other approved measures to mitigate potential impacts.
o. Permanent Structures. A Development Plan is required pursuant to Section
4.02.025 (Development Plans) of this Development Code, for all new, altered, or expanded structures/uses, including all new structures in excess of 5,000 SF in area.
p. Development Standards and Guidelines.
(1) The development of buildings to accommodate agricultural uses or agricultural-related activities, and single -family homes and buildings ancillary thereto, on lots 10 acres or more in area, shall be designed and constructed pursuant to the standards contained in Table 6.01-12 (AG (Agricultural) Overlay Zoning District Development Standards), below.
Table 6.01-12: AG (Agricultural) Overlay Zoning District Development Standards Requirements Standards Additional
Regulations
A. SITE DEVELOPMENT STANDARDS
1. Minimum Lot Size 10 acres Note 1
2. Maximum Lot Coverage
3. Allowed Density Range One dwelling per 10 acres
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Ontario Development Code Page 6.02-81 (Rev. 05.02.2023) Table 6.01-12: AG (Agricultural) Overlay Zoning District Development Standards Requirements Standards Additional
Regulations
4. Minimum Lot Dimensions
a. Ratio (lot width to lot
depth)
1:4
b. Lot Width 300 FT Note 1
c. Lot Depth 300 FT Note 1
5. Equestrian Trails Required No
6. Walls, Fences, and
Obstructions
Refer to Section 6.02.020 (Design Standards for Residential Zoning Districts) of this Development Code.
7. Off Street Parking Refer to Division 6.03 (Off -Street Parking and Loading) of this Development Code.
8. Landscaping Refer to Division 6.05 (Landscaping) of this Development Code.
9. Property Appearance and
Maintenance
Refer to Division 6.10 (Property Appearance and Maintenance) of this Development Code.
10. Historic Preservation Certain portions of residential zoning districts are identified as historic or potentially historic and are listed on the City's Historic Resources Eligibility List. Development regulations set forth in Division 7.01 (Historic Preservation), and application processing and permitting regulations set forth in Division 4.02
(Discretionary Permits and Actions) and of this Development Code, shall apply in these instances.
11. Signs Refer to Subparagraph q (Sign Standards) of this Paragraph C.1 (AG (Agricultural) Overlay Zoning District) and Division 8.1 (Sign Regulations) of this Development Code.
12. Security Standards Refer to Ontario Municipal Code Title 4, Chapter 11 (Security Standards for Buildings).
13. Noise Habitable structures shall be designed and constructed to mitigate noise levels from exterior sources. Refer to OMC, Tile 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).
14. Airport Safety Zones Properties within the Airport Influence Area (AIA) established by the Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the requirements and standards of the ALUCP.
B. BUILDING DEVELOPMENT STANDARDS
1. Minimum Building
Setbacks
a. From Front Property
Line
25 FT
b. From Street Side
Property Line
25 FT
c. From Interior Side
Property Line
15 FT
d. From Rear Property
Line
15 FT
2. Minimum Building
Separations
6 FT
3. Maximum Building Height 35 FT Note 2
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-82 Ontario Development Code Notes:
1. An existing lot of record that is substandard as to minimum "lot" area and/or dimension(s) shall be granted all development rights of the zoning district in which it is located (refer to Subsection 3.01.010.B of this Development Code).
2. The maximum building height and FAR may be restricted pursuant to the Ontario International Airport Land Use Compatibility Plan (ALUCP). Refer to the ALUCP for properties affected by Airport Safety Zones.
(2) Development within the AG Overlay District shall be consistent with the Residential Design Guidelines established by resolution of the City Council, which are intended as a reference to assist the designer in understanding the City's goals and objectives for residential development. Such guidelines shall be enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
q. Sign Standards. Notwithstanding the sign regulations contained in Division
8.1 (Sign Regulations) of this Development Code, signs installed within the AG Overlay District shall comply with the following:
(1) Freestanding Signs. One unlighted single or double faced sign shall be permitted, not to exceed 6 FT in height and 12 SF in area, for each 60 FT of street frontage, and shall be placed behind the street property line.
(2) Wall Mounted Signs. One wall-mounted sign shall be permitted on each building elevation facing a street, not to exceed one SF of sign area for each lineal foot of building elevation length, not to exceed 50 SF.
2. EA (Euclid Avenue) Overlay Zoning District.
a. Purpose. The purposes of the EA Overlay zoning d istrict is to recognize and protect Euclid Avenue as a major scenic and historic resource of the City, and major contributor to Ontario 's historic downtown. Furthermore, the EA Overlay zoning district is intended to help identify and safeguard Euclid Avenue's position on the National Register of Historic Places.
b. Applicability. The herein established rights and responsibilities applicable to the EA Overlay zoning district shall apply to all property located within the boundary of said Overlay District, as shown on the official Zoning Map of the City. The EA Overlay zoning district provisions established herein, shall apply to all existing and new building construction, additions, remodels, or reallocations, whether or not a building permit is required, or other similar entitlement by the City.
c. Development Standards and Guidelines. Land development within the EA Overlay zoning district shall be designed and constructed pursuant to the standards and guidelines applicable to the underlying base zoning district and the requirements of the Downtown Ontario Design Guidelines (see Reference C —Downtown Ontario Design Guidelines), as applicable.
d. Certificate of Appropriateness Required. A development project within the EA Overlay zoning district, which requires Development Plan approval pursuant to Section 4.02.025 (Development Plans) of this Development Code, shall require the approval of a Certificate of Appropriateness pursuant to Section 4.02.050 (Historic Preservation —Certificates of Appropriateness and Demolition of Historic Resources).
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Ontario Development Code Page 6.02-83 (Rev. 05.02.2023) e. Medical Offices and Clinics . Medical office s and clinics within the EA Overlay zoning district, and which are located in the MU-1 zoning district and have street frontage on Euclid Avenue, shall be allowed only on the second floor of a building or above ( occupancy of the ground/first floor shall not be allowed) . Medical offices and clinics within the EA Overlay zoning district, which are not located in the MU-1 zoning district, or do not have street frontage on Euclid Avenue, may occupy the ground/first floor of a building.
3. ES (Emergency Shelter) Overlay Zoning District.
a. Purpose. The purpose of the ES Overlay zoning district (established pursuant to Section 5.01.010.F.3 ( ES (Emergency Shelter) Overlay District) is to accommodate the establishment of emergency shelters, supportive housing, and transitional housing land uses within the City.
b. Applicability.
(1) The herein established rights and responsibilities applicable to the ES Overlay zoning district shall apply to all property located within the boundary of said Overlay District, as shown on the official Zoning Map of the City. The ES Overlay zoning district provisions established herein, shall apply to all existing and new building construction, additions, remodels, or reallocations, whether or not a building permit is required, or other similar entitlement by the City.
(2) The ES Overlay zoning district shall be located within areas of the City that are predetermined by the Housing Element, pursuant to GC Section 65583 and contained within the Policy Plan component of The Ontario Plan. Alternate locations may be established by resolution of the City Council, upon recommendation of the Planning Commission.
c. Development Standards and Guidelines. Within the ES Overlay zoning district, land and improvements thereon shall be designed and developed pursuant to the standards and guidelines of the underlying base zoning district.
4. MTC (Multimodal Transit Center) Overlay Zoning District.
a. Purpose.
(1) The multimodal transit facility anticipated by the Policy Plan component of The Ontario Plan is generally located south of Interstate 10, north of the railroad tracks, east of Guasti Road and west of Archibald Avenue. The multimodal center will serve as a transit hub for local buses, BRT, the Gold Line, high-speed rail, the proposed Ontario Airport Metro Center circulator, and other future transit modes. Many of these transit modes require extensive capital outlay and years of planning, environmental review, design, and, ultimately, construction.
Much of the financing of these facilities is beyond the control of the City, being handled by other local, regional, State and federal agencies. The development of a multimodal facility and related services is a long term endeavor, anticipated to take years, if not decades, to bring to fruition.
(2) The MTC Overlay zoning district (established pursuant to Section
5.01.010.F.4 (MTC (Multimodal Transit Center) Overlay District) of this Development Code) is currently developed with a ±425,000 SF warehouse/distribution building with ancillary offices, and a ±6,000 SF building used as a contractor 's office and yard. These buildings are not suited for residential, retail, or office uses as envisioned by the Policy Plan , and use of these facilities in the near term would be somewhat limited , until the propert y is redeveloped as a multimodal transit 423
Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-84 Ontario Development Code center. Consequently, the City wishes to authorize the use of the existing buildings for the purpose for which they were previously used.
(3) The purpose of the MTC Overlay zoning district is to allow for the establishment of warehouse and distribution land uses, on an interim basis, within existing buildings located within the overly district boundary.
b. Applicability.
(1) The herein established rights and responsibilities applicable to the MTC Overlay zoning district shall apply to all property located within the boundary of said Overlay District, as shown on the official Zoning Map of the City. The MTC Overlay zoning district provisions established herein, shall apply to all existing and new building construction, additions, remodels, or reallocations, whether or not a building permit is required, or other similar entitlement by the City.
(2) Allowed land uses within the MTC Overlay zoning district shall be limited to warehouse/distribution facilities, ancillary offices, and those temporary land uses allowed within the IG zoning district pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code.
(3) Any expansion of existing buildings or proposals for new building construction shall require the adoption of a Specific Plan pursuant to Section 4.01.035 (Specific Plans and Amendments) of this Development Code, which prescribes the allowed land uses, development regulations and guidelines, and sign regulations applicable to the project.
(4) The MTC Overlay zoning district shall remain in effect until June 30, 2027, unless otherwise extended pursuant to Section 4.01.020 (Development Code Amendments) of this Development Code, or the existing buildings are removed.
(5) All rights pertaining to the MTC Overlay zoning district established herein, shall run with the land and shall be transferable to any future owner(s) of property within the MTC Overlay zoning district, and their assigns.
5. ICC (Interim Community Commercial) Overlay Zoning District.
a. Purpose. The purpose of the ICC Overlay zoning district (established pursuant to Section 5.01.010.F.5 ( ICC (Interim Community Commercial) Overlay District ) of this Development Code) is to allow for the establishment of Community Commercial land uses, on an interim basis, within existing buildings located within the overlay district boundary.
b. Applicability.
(1) The herein established rights and responsibilities applicable to the ICC Overlay zoning district shall apply to all property located within the boundary of said Overlay District, as shown on the official Zoning Map of the City. The ICC Overlay zoning district provisions established herein, shall apply to all existing and new building construction, additions, remodels, or reallocations, whether or not a building permit is required, or other similar entitlement by the City.
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Ontario Development Code Page 6.02-85 (Rev. 05.02.2023) (2) The ICC Overlay zoning district may be established pursuant to the requirements of Section 4.01.040 (Zone Changes) of this Development Code, on property containing existing buildings constructed for occupancy by commercial land uses.
(3) The ICC Overlay zoning district shall allow those commercial uses allowed in the CN and CC zoning districts pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, while at the same time preserving the City 's vision for the development and use of property consistent with the underlying Policy Plan (general plan) land use designation .
c. Expansion of Existing Commercial Structures and Uses.
(1) Within the ICC Overlay zoning district, building expansion, shall only be allowed for the purpose of expanding an existing, legally established commercial land use, which is allowed pursuant to Subparagraph B.5.b(3) of this Section.
(2) The expansion of an existing commercial building shall be allowed pursuant to the requirements of Subsection 3.01.020.J (Alteration and/or Expansion of a Nonconforming Nonresidential Structure) of this Development Code and shall be developed consistent with the standards of the CC zoning district.
(3) New Residential Development. New residential development, which is proposed consistent with the Official Land Use Plan (Exhibit LU -01) of the Policy Plan component of The Ontario Plan, shall first require a zone change to the HDR -45 zoning district pursuant to Section 4.01.040 (Zone Changes) of this Development Code, and full compliance with the land use requirements, and development standards and guidelines of the HDR -45 zoning district.
(4) Protection of ICC Overlay zoning district Land Use and Development Rights. All land use and development rights granted by the ICC Overlay zoning district shall be transferable to any future owner(s) of property within the ICC Overlay zoning district, and their assigns.
6. AH (Affordable Housing) Overlay Zoning District.
a. Purpose. The purpose of the AH Overlay zoning district is to facilitate housing opportunities within the community via implementation of required rezone programs pursuant to the City's adopted Housing Element where required for compliance with State Housing Element law.
b. Applicability. The herein established rights and responsibilities applicable to the AH Overlay District shall apply to sites identified in the housing inventory, part of the City 's Housing Element, located 1) south of Riverside Drive, 2) along East Holt Boulevard between the Cucamonga Creek Channel and Corona Avenue, and 3) areas designated as MU -8C at the northeast corner of West Holt Boulevard and Mountain Avenue.
c. Definitions. For the purpose of the AH Overlay zoning district, the words or phrases listed below, in correct alphabetical order, shall have the meanings hereafter specified:
Affordable Housing Project. Affordable housing projects for the purposes of the affordable housing overlay are defined as follows:
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-86 Ontario Development Code Tier 1. Any projects with a residential component with at least 20 percent of total units are designated as affordable to lower incomes via deed restriction or another mechanism to guarantee affordability for a minimum of 30 years.
Tier 2. Any projects with a residential component with at least 25 percent of total units are designated as affordable to lower incomes via deed restriction or another mechanism to guarantee affordability for a minimum of 30 years.
d. Development Standards. The development standards applicable to proposed development in the Affordable Housing Overlay District shall be in accordance with the applicable base zone, other overlay zones, and all applicable provisions of the Development Code, unless otherwise indicated herein, or where necessary to comply with Federal and State law.
(1) Minimum Density. Within the AH Overlay zoning district , all new residential development, regardless of affordability, requires a minimum density of 20 dwelling units per acre. The minimum density shall be calculated as an average over the entire project area on sites south of Riverside Drive.
(2) Affordable Housing Projects. The d evelopment of affordable housing projects within the AH Overlay zoning d istrict shall be allowed by right and are encouraged in accordance with the following provisions:
(a) Tier 1 Affordable Housing Projects . Tier 1 Affordable Housing Projects on property having a base zoning designation of SP, may be developed as follows:
(i) Medium Density Residential (MDR). Affordable
housing projects on property designated as MDR by the Land Use Plan (Figure LU-01) of the Policy Plan, may be developed pursuant to the requirements of either the SP zoning district or the MDR - 25 zoning district.
(ii) Mixed Use (MU). Affordable housing projects on
property designated as MU by the Land Use Plan (Figure LU -01) of the Policy Plan , may be developed pursuant to the requirements of either the SP zoning district or a comparable existing zoning implementation tool that aligns with the density and intensity of the proposed project , except that the maximum density allowed shall be equivalent to the maximum density identified for the applicable M ixed Use area in the Land Use Designations Summary Table ( Figure LU-02) of the Policy Plan.
(iii) Calculating Minimum Density . If a project with a base designation of SP develops without a specific plan, minimum density shall be calculated as an average over the entire portion of the project area that is within the AH Overlay zoning district.
(b) Tier 2 Affordable Housing Projects. Tier 2 Affordable Housing Projects on property having a base zoning designation of SP, may developed in the same manner as Tier 1 Affordable Housing Projects, with the following additions:
(i) Medium Density Residential. Affordable housing
projects on propert y designated as MDR by the Land Use Plan (Figure LU -01) of the Policy Plan shall allow a maximum density of 25 to 30 dwelling units per acre.
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Ontario Development Code Page 6.02-87 (Rev. 05.02.2023) Division 6.02—Walls, Fences, and Obstructions
Sections:
6.02.000: Purpose
6.02.005: Applicability
6.02.010: Prohibited Materials
6.02.015: General Requirements
6.02.020: Design Standards for Residential Zoning Districts
6.02.025: Design Standards for Nonresidential Zoning Districts
6.02.030: Protection of Intersection Visibility
6.02.035: Temporary Security or Construction Fencing
6.02.000: Purpose
The purpose of this Division is to establish standards regulating the construction and maintenance of walls, fences, and other obstructions to allow for the maximum enjoyment and use of property, and to ensure the maximum safety of persons using streets and sidewalks.
6.02.005: Applicability
A. The provisions of this Division shall apply to the construction, addition or remodel of any wall or fence, and the placement of landscaping, signs, poles, equipment, or any other object that may pose an obstruction to pedestrian or vehicular travel or visibility.
B. The design and location of all walls, fences, and gates shall be subject to review and approval by the Planning Director, regardless of whether a building permit is required for its construction.
6.02.010: Prohibited Materials
The following materials shall be prohibited in the construction and/or installation of walls, fences, and obstructions:
A. Walls or fences containing razor wire or any other material or application considered by the Planning Director to be unsafe, shall be prohibited.
B. Walls and/or fences containing barbed wire shall be prohibited within residential and commercial zoning districts, and within mixed -use zoning districts and overlay districts for residential or commercial purposes.
C. Walls and/or fences containing electrified wire , and the installation of electrified fences, shall be prohibited within residential zoning districts , and in conjunction with residential development in mixed-use zoning districts and overlay districts for residential purposes.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-88 Ontario Development Code
6.02.015: General Requirements
A. No hedge, fence, wall, merchandise, sign, or any other equipment may be constructed, placed, grown, or permitted on any sidewalk, excepting newsstands, public trash receptacles, U.S. Government mailboxes, public utility poles, public transit shelters and/or seating, or any other object that is deemed no more objectionable than the foregoing by resolution of the City Council.
The authorized equipment shall be placed out of the normal flow of pedestrian traffic and shall not be so placed as to constitute a hazard or nuisance.
B. No hedge, fence, wall, merchandise, sign, or any other equipment shall be permitted in or on any parkway adjacent to any sidewalk, except as allowed by the City Engineer, or excepting newsstands, public trash receptacles, U.S. Government mailboxes, public utility poles, public transit shelters and/or seating, or any other object that is deemed no more objectionable than the foregoing by the City Engineer. The authorized equipment shall be placed out of the normal flow or pedestrian traffic and shall not be so placed as to constitute a hazard or nuisance.
C. No fence, wall, shrub, sprinkler system, or any construction may be placed within any street right-of-way without first obtaining an encroachment permit from the City Engineer.
D. Any fence, shrub, sprinkler system, or any construction placed within the street right-of-way without permission of the City Engineer shall be removed by the owner upon request of the City Engineer within 7 days of notification, at no expense to the City. Upon failure to comply with an order for removal, the City may cause removal at the expense of the owner.
E. No fence shall be constructed of metal other than ornamental iron or tube steel, chain link, or wire mesh having a minimum size and thickness of 4-inches by 4-inches by 12.5 gauge.
F. Walls, fences, hedges or other plant growth that, in the opinion of the Planning Director or City Engineering, adversely affects the safe ingress or egress of pedestrians or vehicles shall not exceed 3 FT in height within any required front or street side yard setback area.
G. A 6 FT high wall or fence shall be constructed along the perimeter of all areas determined by the Planning Director, Building Official, or City Engineer, to pose a danger to the public health or safety.
6.02.020: Design Standards for Residential Zoning Districts
Within residential zoning districts, walls and fences shall be constructed as follows:
A. Required Walls and Fences.
1. Single-Family Development Projects and Subdivisions. Single -family residential development projects and subdivisions , regardless of the number of dwellings proposed, shall provide 6-FT high walls, as follows:
a. A decorative masonry block wall shall be constructed along the perimeter of single-family development projects and subdivisions, including all interior side and rear project boundaries, and street frontages without front-on units.
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Ontario Development Code Page 6.02-89 (Rev. 05.02.2023) b. A decorative masonry block wall shall be constructed along all street side property lines and along the rear property line of through lots and shall be setback a minimum of 5 FT behind the sidewalk.
c. A masonry block wall shall be constructed along interior side and rear property lines. Walls shall not be required along property lines that abut a property zoned or used as open space or maintained for recreation purposes.
d. A decorative masonry block wall shall be constructed between side yard walls and the adjacent dwelling. Appropriate gates for rear yard access shall be provided.
2. Multiple-Family Development Projects and Subdivisions. Multiple-family residential development projects and subdivisions , regardless of the number of dwellings proposed, shall provide 6-FT high walls or fences, as follows:
a. A decorative masonry block wall, or decorative tube steel fence with decorative masonry pilasters, shall be constructed along the interior side and rear project boundaries of multiple-family development projects and subdivisions. Walls or fences shall not be required along property lines that abut a property zoned or used as open space or maintained for recreation purposes.
b. A minimum 6 -FT high decorative masonry wall shall be constructed along property lines that separate multiple -family development projects from neighboring residential developments. The wall height shall be measured from the highest adjacent grade.
3. Swimming Pools, Hot Tubs, Spas, Ponds, and Decorative Bodies of Water . Any swimming pool, hot tub, spa, pond, or decorative body of water that is more than 1.5 FT in depth, whether located above or below ground, shall be fully enclosed by a minimum 5 -FT high decorative nonclimbable fence or wall, with decorative entrance and exit gates, and shall be constructed/installed pursuant to building code requirements.
B. Materials and Design.
1. All walls and fences visible to the public shall be designed to be compatible with the architecture of the buildings on the same lot.
2. All walls that are visible to the public shall be constructed of decorative masonry that is complimentary to the exterior finishes of adjacent buildings, such as, but not limited to, brick, split-face or slump concrete block, or other materials approved by the Planning Director that are consistent with industry standards, and shall include a decorative cap. The use of a grout cap shall not be permitted.
3. Fences shall be constructed of ornamental steel or iron, wood, or PVC materials, which are consistent with industry standards. Other materials may be used if the Planning Director determines the design to be compatible with the architecture of adjacent buildings and with buildings in the surrounding neighborhood.
4. Special design considerations shall be provided on walls and fences located within front yards and areas visible from public streets to ensure compatibility with the architecture of adjacent buildings, as well as with buildings in the surrounding neighborhood.
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Division 6.02—Walls, Fences, and Obstructions
(Rev. 05.02.2023) Page 6.02-90 Ontario Development Code
5. Long expanses of wall or fence (ranging from 150 FT to 200 FT in length) that is adjacent to a public right -of-way shall have offset areas (decorative pilasters or a horizontal change in the plane ) and shall be architecturally designed to prevent monotony. The design of walls shall emphasize the highest quality of materials and design features.
6. Within existing neighborhoods, fences located within the front and street side yards of single-family homes may be constructed of chainlink if it is the predominate material used in the neighborhood, as determined by the Planning Director. If chainlink fen cing is determined to be appropriate, it shall be installed in accordance with industry standards.
C. Height. The maximum height of a walls or fences located within a residential zoning district shall be as listed below. The wall height shall be measured on the street side or exterior side of the wall, from the top of the wall to the lowest adjacent finished grade.
1. Subdivision Perimeter Walls and Fences . Subdivision perimeter walls shall not exceed 6 FT in height, except as permitted by Paragraphs C.5 (Walls and Fences in Conjunction with Retaining Walls) and C. 7 (Sound Attenuation Walls) of this Section.
2. Street Side Yard Walls and Fences. Street side yard walls or fences shall not exceed 6 FT in height, except as permitted by Paragraphs C.5 (Walls and Fences in Conjunction with Retaining Walls) and C. 7 (Sound Attenuation Walls) of this Section.
3. Interior Side and Rear Property Line Walls and Fences . Interior side and rear yard property line walls or fences shall not exceed 6 FT in height, except as permitted by Paragraphs C.5 (Walls and Fences in Conjunction with Retaining Walls) and C. 7 (Sound Attenuation Walls) of this Section.
4. Front Yard Walls and Fences . Walls or fences within a front yard area shall not exceed 3 FT in height, except as permitted by Paragraph s C.5 (Walls and Fences in Conjunction with Retaining Walls) and C. 7 (Sound Attenuation Walls) of this Section.
5. Walls and Fences in
Combination with Retaining Walls . To
accommodate possible differences
in grade between two properties, or
between a property and a public
right-of-way, the Planning Director
may approve walls and fences
constructed in combination with
retaining walls, which have an overall
height in excess of the maximum wall
height allowed by Paragraphs C.1
through C.4 of this Section. However,
walls and fences constructed in
combination with retaining walls,
which are located adjacent to a
public right -of-way, shall: have a
maximum retaining wall height of 3 FT
and a maximum free wall height
equal to the maximum wall heights
allowed by Paragraphs C.1 through
C.4 of this Section.
Figure 6.02-1: Tiered Retaining Wall Design Concept
2 3 FT Min.
9 FT Max.
6 FT Max.
FG
3 FT Max.
1 Max.
FG
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Ontario Development Code Page 6.02-91 (Rev. 05.02.2023)
6. Tiered Retaining Wall Design. In cases where more than 3 FT of earth retention is necessary adjacent to a public right-of-way, retaining walls shall be tiered as exemplified in Figure
6.02-1 (Tiered Retaining Wall Design Concept), above.
7. Sound Attenuation Walls. Walls constructed for sound attenuation pursuant to an impact study prepared by an acoustic engineer, shall be the minimum height necessary to ensure adequate sound attenuation. The design and construction of a noise attenuation wall in excess of 6 FT in height shall be approved by the Planning Director prior to building permit issuance.
8. Walls and Fences within the Buildable Area of a Lot (Behind Setback Areas). Fences and walls constructed within the buildable area of a lot shall be subject to the height limitations of the applicable base zoning district.
D. Location.
1. Interior Property Lines (Side and Rear). Where the side or rear property line of a lot is common with another lot's side or rear property line, a wall or fence may be constructed along the common property line for purposes of property division or security.
2. Street Side Property Lines . On a corner lot or reverse corner lot, where a side and rear property line of a lot is common with a side or rear property line of another lot, a wall or fence may be constructed along the street side property line. The area between the wall or fence and the sidewalk (or curb) shall be fully landscaped and maintained.
3. Front Yard Walls or Fences. Within a front yard area, walls and fences up to 3 FT in height may be constructed along a front or street side property line. The area between the wall or fence and sidewalk (or curb) shall be fully landscaped and maintained.
4. Through-Lots. On a single lot having two street frontages, each frontage at opposite ends of the lot, for the purposes of wall placement, one frontage shall be a front yard and the other a rear yard. A wall or fence shall be constructed a minimum of 5 FT behind the rear property line. The area between the wall or fence and sidewalk shall be fully landscaped and maintained.
6.02.025: Design Standards for Nonresidential Zoning Districts
Within nonresidential zoning districts, walls and fences shall be constructed as follows:
A. Required Walls and Fences.
1. Zoning District Boundary Separation.
a. A decorative masonry block wall shall be constructed along property lines that separate nonresidential zoning districts from neighboring residential zoning districts. The wall height on the nonresidential side of the wall shall be a minimum of 8 FT and shall be a minimum of 6 FT in height on the residential side of the wall.
b. A decorative tube steel fence with a sheppard's hook shall be constructed between railroad rights-of-way and development projects within nonresidential zoning districts.
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2. Screening of Outdoor Loading/Storage Areas and Loading Doors.
a. Outdoor loading and storage areas, and loading doors shall be screened from public view by a decorative masonry wall with view-obstructing access gates
b. Screen walls shall be designed as an integral part of the architecture of the buildings on the lot.
c. Screen walls shall be of sufficient height to completely screen loading and storage activities, facilities, and equipment, but shall be no less than 8 FT in height.
d. Screen walls shall be constructed of tilt -up or poured -in-place concrete, brick, concrete block (split-face or slump), or other materials approved by the Planning Director.
B. Materials and Design.
1. All walls and fences visible to the public shall be designed to be compatible with the architecture of the buildings on the same lot.
2. Walls that are visible to the public shall be constructed of decorative masonry that is complimentary to the exterior finishes of adjacent buildings, such as brick; split -face concrete block; or ribbed, scored, or sandblasted tilt -up or po ured-in-place concrete. Ceramic tile and natural stone veneers may also be used. Precision block shall not be used in areas visible to the public.
3. Concrete block walls shall incorporate a decorative cap. The use of a grout cap shall not be permitted.
4. Fences that are visible to the public shall be constructed of decorative wrought iron or tube steel, with decorative masonry pilasters spaced at regular intervals. Other materials may be used if the Planning Director determines the design to be compatible with the architecture of adjacent buildings. Chainlink shall not be used in areas visible to the public.
5. Long expanses of wall or fence (ranging from 150 FT to 200 FT in length) that is adjacent to a public right -of-way shall have offset areas (decorative pilasters or a horizontal change in plane) and shall be architecturally designed to prevent monotony. The design of walls shall emphasize the highest quality of materials and design features.
6. Walls or fences containing barbed wire may be used within industrial zoning districts; however, the barbed wire shall not project above the top of walls or fences so as to be visible from public areas.