C. Height. The maximum height of a wall or fence located within nonresidential zoning districts 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.
Table 6.02-1: Maximum Height of Interior Side and Rear Property Line Walls and Fences Zoning District Maximum Height
Commercial and Mixed-Use Zoning Districts: 8 FT
Industrial Zoning Districts: 14 FT
All Other Nonresidential Zoning Districts: 6 FT
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1. Interior Side and Rear Property Line Walls and Fences . Interior side and rear yard property line walls or fences shall not exceed the following heights shown in Table 6.02-1 (Maximum Height of Interior Side and Rear Property Line Walls and Fences), above , except as permitted by Paragraphs A.1 (Zoning District Boundary Separation), C.4 (Walls and Fences in Combination with Retaining Walls) and C.6 (Sound Attenuation Walls) of this Section.
2. Walls or Fences within Front and Street Side Setback Areas. Walls or fences located within front or street side setback areas shall not exceed the following heights shown in Table 6.02- 2 (Maximum Height of Walls or Fences within Front and Street Side Setback Areas), below, except as permitted by Paragraphs C.4 (Walls and Fences in Combination with Retaining Walls) and C.6 (Sound Attenuation Walls) of this Section.
Table 6.02-2: Maximum Height of Walls or Fences within Front and Street Side Setback Areas Zoning District Maximum Height
Commercial and Mixed-Use Zoning Districts: 3 FT
Industrial Zoning Districts: 6 FT maximum, constructed with at least 90 percent of the vertical surface designed to be open and not view -
obstructing.
All Other Nonresidential Zoning Districts: 6 FT maximum, except that the portion of a wall or fence in excess of 3 FT in height shall be constructed with at least 90 percent of the vertical surface designed to be open
and not view-obstructing.
3. 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 (Interior Side and Rear Property Line Walls and Fences) and C.2 (Walls or Fences Within Front and Street Side Setback Areas) of this Section. However, walls and fences constructed in combination with retaining walls, which are located adjacent to a public right -of-way, shall:
[i] have a maximum retaining wall height of 3 FT, [ii] have a maximum free wall height of 6 FT, and [iii] have a maximum overall height of 9 FT.
4. 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 pursuant to Figure 6.02- 1 (Tiered Retaining Wall Design Concept).
5. Sound Attenuation Walls. Walls constructed for sound attenuation pursuant to a n 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.
6. Walls and Fences within the Buildable Area of a Lot (Outside of 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. 433
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2. Street Side Property Lines. On a corner lot or reverse corner lot, a wall or fence may be constructed for property security a minimum of 5 FT behind the street side property line. The area between the wall or fence and the sidewalk (or curb if no sidewalk is present) shall be fully landscaped and maintained.
3. Front Yard Walls or Fences. Within a front yard area, a wall or fence may be constructed for property security a minimum of 5 FT behind the front property line. The area between the wall or fence and sidewalk (or curb if no sidewalk is present) shall be fully landscaped and maintained.
4. Through-Lots. On a single lot having two street frontages, with 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 10 FT behind the rear property line. The area between the wall or fence and the sidewalk (or curb if no sidewalk is present) shall be fully landscaped and maintained.
E. Electrified Fences.
1. No electrified fence shall be installed or used unless first approved by the Planning Director. As used herein, " electrified fence" means any fence that meets the following requirements.
a. The fence is powered by an electrical energizer with both of the following output characteristics:
(1) The impulse repetition rate does not exceed 1 Hz.
(2) The impulse duration does not exceed 10 milliseconds (10/10,000 of a second).
b. The fence is used to protect and secure commercial or industrial property.
2. An owner of real property may install and operate an electrified fence on their property subject to all of the following:
a. The property is not located in a residential zone.
b. The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in " International Standard IEC 60335, Part 2-76."
c. The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
(1) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 FT.
(2) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
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Ontario Development Code Page 6.02-95 (Rev. 05.02.2023) (3) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.
d. Within nonresidential zoning districts, except industrial zoning districts, an electrified fence shall not exceed 10 FT in height and shall be located behind a fully enclosed perimeter wall or fence that is no less than 2 FT below the height of the electrified fence.
e. Within industrial zoning districts, an electrified fence shall not exceed 16 FT in height and shall be located behind a fully enclosed perimeter wall or fence that is no less than 2 FT below the height of the electrified fence.
f. A "Knox Box Electrical Shunt Switch " and a " Knox Box " or other similarly approved device, shall be installed for emergency access of Police and Fire Departments.
g. By issuance of a building and/or electrical permit to install or use an electric fence as provided by this Subsection, the applicant and property owner shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Ontario and its agents, officers, consultants, independent contractors, and employees, from any and all claims, actions, or proceedings arising out of any personal injury, including death or property damage caused by the electrified fence.
h. In the event that access by the City of Ontario Fire Department and/or Police Department personnel to a property where a permitted electrified fence has been installed and is operating required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in this Subsection is absent or non -functional, and an owner, manager, employee, custodian, or any other person with control over the property, is not present to disable the electric fence, the fire or police personnel shall be authorized to disable the electrified fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electrified fence as provided in this Subsection will agree to waive any and all claims for damages to the electrified fence against the City of Ontario and/or its personnel under such circumstances.
i. It shall be unlawful, and a misdemeanor, for any person to install, maintain, or operate an electrified fence in violation of this Subsection.
6.02.030: Protection of Intersection Visibility
There shall be no visual obstructions within the areas specified below. For the purposes of this Section, a visual obstruction shall be defined as any wall, fence, obstacle, mature landscaping, or thing allowed, installed, set out, or maintained, which exc eeds a height of 3 FT above the nearest street pavement surface, excepting existing or future permanent buildings that are otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles, trees trimmed at the trunk to a point at least 8 FT above the level of the street (provided that trees are spaced so that trunks do not create a visual barrier), and official traffic or other government signs.
A. Intersecting Streets. At intersecting streets, an area (corner clearance) shall be maintained free of visual obstructions to ensure adequate sight distance for vehicular and pedestrian traffic. 435
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(Rev. 05.02.2023) Page 6.02-96 Ontario Development Code The corner clearance shall be provided pursuant to the Engineering Department 's Traffic and Transportation Guidelines.
B. Intersecting Private Driveway with a Street or Alley. Where a private driveway intersects a street or alley, the Planning Director or City Engineer may require that a clear area (corner cutoff) be maintained free of visual obstructions to ensure adequate sight distance for vehicular and pedestrian traffic. The corner cutoff is defined by a line in a horizontal plane, taken at a 45-degree angle with the street or alley, which line passes through a point on the street or alley 20 FT from the intersection.
C. Driveway Adjacent to a Reverse Corner Lot. Where a key lot has a private driveway located along the side yard which abuts the rear yard of a reverse corner lot, the Planning Director or City Engineer may require that a clear area (corner cutoff) be provided on the reverse corner lot pursuant to Subsection B (Intersecting Private Driveway With a Street or Alley), above, to assure adequate sight distance for vehicular and pedestrian traffic. Generally, new developments containing reverse corner lots shall locate the key lot driveway in the side yard opposite the rear property line of the reverse corner lot, unless determined by the Planning Director or City Engineer that the location of the driveway, as it relates to the adjoining property, will maintain adequ ate visibility at the intersecting driveway and street.
6.02.035: Temporary Security or Construction Fencing
A. Purpose. Temporary security or construction fences are typically used to secure vacant property from theft, vandalism and/or trespass; or to secure a construction site from the theft or vandalism of construction equipment and/or materials, protect work in progress, and to protect the public from injury while construction is underway. The herein stated regulations are intended to establish procedures and standards regarding the use of temporary security and construction fencing on sites with construction activity, on undisturbed land, around vacant buildings, on vacant sites, and for special events.
B. Applicability. Temporary security or construction fencing may be installed as follows:
1. Temporary construction fencing may be installed in conjunction with: [i] a building permit for the construction of a vacant property, [ii] the vacant portion of a partially developed property, or [iii] exterior improvements to an existing occupied or unoccupied building.
2. Temporary security fencing may be installed in conjunction with: [i] a vacant/unimproved property, [ii] a vacant building, or [iii] the vacant/unimproved portion of a partially developed property.
C. Temporary Security or Construction Fencing Design Requirements.
1. Temporary security or construction fencing shall not include barbed wire, razor wire, or any other material or application considered by the Planning Director to be unsafe.
2. Temporary security or construction fencing shall be built and maintained in good order, in full compliance with applicable Building Code and Development Code provisions.
3. The maximum height of temporary security or construction fencing shall be 6 FT within residential zoning districts, and 8 FT within nonresidential zoning districts, measured on the exterior side of the fence, from the top of the fence to the lowest adjacent finished grade. 436
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4. All temporary security or construction fencing shall include a green fabric mesh screen or other view- obstructing material approved by the Planning Director, which shall be maintained in a neat and undamaged condition and shall include emergency identification and proper safety identification.
5. Fence openings for pedestrian access shall be provided, which consists of a lockable gate that swings into the property.
6. Fence openings for vehicular access shall be provided with a lockable rolling gate.
The opening shall be no wider than the adjacent driveway approach.
7. Fencing shall not be installed in a manner that prohibits the safe and continued operation of a building pursuant to the Building Code. Required exits, existing structural elements, fire protection devices, and sanitary safeguards shall be maintained at all times, pursuant to Building Code requirements.
8. Existing streets, public transportation stops, fire hydrants, and/or public sidewalks shall not be enclosed by temporary security or construction fencing, unless the Building Official determines that the facilities are required to be fenced to protect the public health, safety, or welfare, and an encroachment permit has been obtained from the City.
9. The installation of temporary security or construction fencing shall not result in a diversion of water onto a separately owned parcel, tract, right -of-way, right-of-way easement, roadway easement, and/or private street."
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Ontario Development Code Page 6.03-1 (Rev. 12.01.2020)
Division 6.03—Off-Street Parking and Loading
Sections:
6.03.000: Purpose
6.03.005: Applicability
6.03.010: General Requirements
6.03.015: Required Number of Off-Street Parking Spaces
6.03.020: Reduction in the Required Number of Parking Spaces
6.03.025: Tandem Parking
6.03.030: Parking for the Physically Disabled
6.03.035: Bicycle Parking
6.03.040: Parking for Fuel Efficient Vehicles
6.03.045: Off-Street Parking Design Standards
6.03.050: Parking Lot Lighting
6.03.055: Off-Street Loading Standards
6.03.000: Purpose
The off-street parking and loading regulations prescribed by this Article have been established to achieve the following purposes:
A. Provide accessible, attractive, secure, properly lighted, and well maintained parking facilities;
B. Reduce traffic congestion and hazards caused by the loading and unloading of trucks on public streets and the shortage of parking spaces;
C. To alleviate or to prevent traffic congestion caused by shortage of parking spaces and the loading and unloading of trucks on public streets;
D. Ensure that off-street parking and loading facilities are provided for new land uses and the expansion of existing land uses in proportion to the needs of the land uses they serve; and
E. To ensure that off -street parking and loading facilities are designed in a manner that will result in maximum efficiency, protect the public safety, provide for the special needs of the physically handicapped, and where appropriate, insulate surrounding land uses from their impact.
6.03.005: Applicability
A. Off-street parking and loading facilities, and parking lot lighting shall be provided pursuant to the provisions of this Division when:
1. Any lot is developed, any new building is constructed, or any existing building or structure is added to or expanded, which requires Development Plan approval pursuant to Section 4.02.025 (Development Plans) of this Development Code;
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2. Any new use is established, or any existing use is expanded or intensified, which requires Conditional Use Permit approval pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code;
3. The gross floor area of any existing building or structure is increased or enlarged by more than 5 percent (cumulative) of the existing floor area or permanent seating (off- street parking shall be provided for the total resulting buildings, structures and capacities of uses);
4. Permanent seating for an assembly use is increased or enlarged; (off-street parking shall be provided for the total resulting seating and capacities of uses); and
5. Any intensification of use or change in the occupancy of any building or in the manner in which any use is conducted, that would result in additional parking spaces being required.
B. No existing land use shall be deemed nonconforming solely based upon the lack of off - street parking or loading spaces required by this Division.
6.03.010: General Requirements
A. All off-street parking facilities required by this Division shall be designed and maintained to be fully usable for the duration of the use requiring the facilities.
B. Areas provided to meet applicable parking requirements, including off-street parking and loading spaces, access drives, and maneuvering areas, shall not be used for the outdoor storage of materials and equipment, nor shall it be used for any other purpose than parking.
C. Requirements for uses not specifically addressed by this Division shall be determined by the Zoning Administrator, based upon the requirements for comparable uses and the particular characteristics of the use.
D. All off-street parking and loading spaces required by this Division shall be located on the same lot as the use that they are intended to serve, except that nonresidential uses that cannot accommodate the required number of parking spaces on the same lot may provide parking spaces at a separate off-site location, not more than 500 FT from the use the parking spaces are intended to serve, as measured in a straight line from any point from the outer boundaries of the property or lease space containing the use.
E. The required number of off-street parking spaces and/or loading spaces shall be provided at the time of site and/or building occupancy, or at the time of occupancy of any building addition or intensification of use. All parking and loading spaces shall be maintained in good condition for the duration of the building or use.
F. No vehicle shall be parked upon a public or private parking lot, or public property, for the purpose of displaying the vehicle for sale, hire, or rental, unless the property is appropriately zoned, the vendor is licensed to transact the applicable business at that location, and the vendor has obtained all appropriate land use approvals.
G. All parking stalls shall have direct access from a drive aisle, driveway or alley, and shall be designed in a side -by-side or parallel configuration, except as permitted by Section 6.03.030 (Tandem Parking) of this Division.
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Ontario Development Code Page 6.03-3 (Rev. 12.01.2020)
6.03.015: Required Number of Off-Street Parking Spaces
A. Off-Street Parking Requirements. Off-street parking spaces shall be provided pursuant to Table 6.03- 1 (Off -Street Parking Requirements) of this Division, except that within the MU -1 (Downtown Mixed Use) zoning district, off-street parking shall not be required for existing buildings having a GFA less than 10,000 SF. If more than one land use is established on a lot or project site, the number of off- street parking spaces required shall be equal to the sum of the requirements prescribed for each individual land use.
B. Minimum Standards. The parking requirements of Table 6.03 -1 (Off -Street Parking and Loading Requirements) are expressed as minimum standards, which should be met and not exceeded. Nevertheless, if additional parking is essential to a project, the minimum parking standard may be exceeded as follows:
1. Residential Uses —Additional Parking Allowed Without Limit . For residential uses, there is no maximum limit as to the number of parking spaces that may be provided. As such, any additional parking may be provided as a matter of right.
2. Nonresidential Uses —Limited Additional Parking Allowed. Additional parking spaces provided in excess of the number required pursuant to Table 6.03-1 (Off-Street Parking and Loading Requirements) of this Section may be provided for nonresidential uses or the nonresidential portions of mixed-use projects, as follows:
a. Parking spaces may be provided up to a maximum of 10 percent above the required number as a matter of right, without any discretionary review by the City.
b. Parking spaces provided in excess of 10 percent above the required number shall be allowed only upon approval by the Planning Commission, based upon proven need.
C. Gross Floor Area (GFA). References to spaces per square foot are to be computed based upon GFA, unless otherwise specified, and includes allocations of shared restrooms, and circulation and storage areas, and other similar common facilities.
D. Rounding of Off-Street Parking Calculations. If a fractional number results from calculations performed in compliance with this Section, one parking space shall be required for a fractional unit of 0.50 or greater, and no space shall be required for a fractional unit of less than 0.50.
E. Uses Not Listed.
1. Land uses not specifically listed in Table 6.03-1 (Off-Street Parking Requirements) of this Division, shall provide parking as required by the Zoning Administrator or Approving Authority pursuant to Table 2.02-1 (Review Matrix) of this Development Code, as applicable.
2. The Approving Authority shall rely upon the requirements of Table 6.03-1 (Off-Street Parking Requirements), and the standards recommended by the Institute of Transportation Engineers, as a guide in determining the necessary number of off -street parking spa ces to be provided.
F. Parking Management Plan.
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1. Parking Management Plan Required for Multiple -Family Residential Projects . A Parking Management Plan shall be submitted in conjunction with any Development Plan application for the construction of a multiple -family residential development project, or the residential portion of any mixed -use development project, which consists o f 3 or more dwelling units. The Plan shall identify the number and location of resident parking spaces (existing and proposed) provided pursuant to Table 6.03 -1 (Off-Street Parking an d Loading Requirements) of this Section and establish to which dwelling each required resident parking space is to be assigned.
2. Parking Management Plan Shall Be Included in CC&Rs. The Parking Management Plan required pursuant to Paragraph F.1, above, shall be included in any CC&Rs required by the City as a condition of project approval.
3. Required Resident Parking Spaces Cannot Be Separately Rented/Leased. It shall be unlawful to rent or lease a required residential parking space, or any parking space required for the residential portion of any mixed-use development project, separately from the dwelling for which a parking space has been provided pursuant to Table 6.03- 1 (Off -Street Parking and Loading Requirements) of this Section, and/or assigned by a Parking Management Plan prepared pursuant to Paragraph F.1 (Parking Management Plan Required for Multiple -Family Residential Projects) of this Section.
Table 6.03-1: Off-Street Parking Requirements
Land Uses, Activities, and Facilities No. of Parking Spaces Required A. Residential
1. Caretaker Quarters One space within a garage
2. Live/Work Developments 3 spaces per 1,000 SF (0.003/SF) of GFA
3. Mobile Home Parks
a. Resident Parking Spaces 2 spaces per dwelling
b. Guest/Visitor Parking Spaces [1] Portion of dwellings < 50: 0.25 spaces per dwelling; [2] Portion of 50 to 100 dwellings: 0.20 spaces per dwelling; [3] Portion of dwellings > 100: 0.17 spaces per dwelling; and [4] A minimum of 3 guest spaces shall be provided for
developments consisting of more than 8 dwellings.
4. Model Homes 2 spaces per model home
5. Multiple-Family Residential
a. Resident Parking Spaces [1] Studio: 1.5 spaces per dwelling, including one space in a garage or carport;
[2] One-Bedroom: 1.75 spaces per dwelling, including one space in a garage or carport;
[3] Two-Bedrooms: 2.0 spaces per dwelling, including one space in a garage or carport; and
[4] Three or more Bedrooms : 2.5 spaces per dwelling,
including one space in a garage or carport.
b. Guest/Visitor Parking Spaces [1] Portion of dwellings < 50: 0.25 spaces per dwelling; [2] Portion of 50 to 100 dwellings: 0.20 spaces per dwelling; [3] Portion of dwellings > 100: 0.17 spaces per dwelling; and [4] A minimum of 3 guest spaces shall be provided for
developments consisting of more than 8 dwellings.
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Ontario Development Code Page 6.03-5 (Rev. 12.01.2020)
Table 6.03-1: Off-Street Parking Requirements
Land Uses, Activities, and Facilities No. of Parking Spaces Required
6. Senior Citizen Housing (as defined pursuant to
CC Section 51.3 an CC Section 51.12)
a. Income Qualified Development 0.7 resident space per dwelling, plus, guest/visitor parking spaces pursuant to the Multiple -Family Residential
standards (Subparagraph A.5.b of this Table).
b. Market Rate Development One resident space per dwelling, plus, guest/visitor parking spaces pursuant to the Multiple-Family Residential standards (Subparagraph A.5.b of this Table).
7. Single-Family Dwellings
a. Traditional Development 2 spaces per dwelling within a garage b. Small Lot and Common Interest
Developments
2 resident spaces per dwelling within a garage, plus, 0.2 guest/visitor spaces per dwelling. Guest parking spaces may be provided on-street, immediately adjacent to the
development boundary, if available.
A minimum of 2 guest spaces shall be provided regardless of the number of dwellings proposed.
8. Single Room Occupancy Facilities One resident space per room; plus, 2 spaces for the resident manager, plus, guest/visitor parking spaces
pursuant to the Multiple -Family Residential standards
(Subparagraph A.4.b of this Table).
B. Commercial Agriculture
1. Commercial Crop Production and Farming Determined by the Zoning Administrator
2. Commercial Animal Production Determined by the Zoning Administrator
3. Support Activities for Agriculture Determined by the Zoning Administrator C. Utilities One space per employee during the largest shift.
D. Construction Required parking for "general warehousing;" plus 0.1 space per 1,000 SF (0.0001/SF) of outside storage yards.
E. Manufacturing See parking standards for " Industrial and Business Park Developments".
F. Retail Trade
1. General and Convenience Retail 4 spaces per 1,000 SF (0.004/SF) of GFA
2. Grocery Stores 4 spaces per 1,000 SF (0.004/SF)
3. Motor Vehicle Dealers Interior show rooms: 2.5 spaces per 1,000 SF (0.0025/SF) of GFA; plus, outdoor display areas: one space per 1,000 SF of GFA; plus, required parking for " motor vehicle repair; " plus, required parking for "offices".
4. Motor Vehicle Parts and Accessories 4 spaces per 1,000 SF (0.004/SF) of GFA
5. Tire Stores 2.5 spaces per 1,000 SF (0.0025/SF) of GFA
6. Furniture and Home Furnishings Stores 2.5 spaces per 1,000 SF (0.0025/SF) of GFA
7. Electronics and Appliance Stores 4 spaces per 1,000 SF (0.004/SF) of GFA
8. Building Materials, Garden Equipment, and
Supplies
2.5 spaces per 1,000 SF (0.0025/SF) of GFA; plus, one space per 1,000 SF of outdoor display and storage areas.
9. Food and Beverage Stores 4 spaces per 1,000 SF (0.004/SF) of GFA
10. Health and Personal Care Stores 4 spaces per 1,000 SF (0.004/SF) of GFA
11. Gasoline and Fueling Stations
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Table 6.03-1: Off-Street Parking Requirements
Land Uses, Activities, and Facilities No. of Parking Spaces Required a. Self-Serve and Full Service Fueling Stations 3 spaces minimum; plus, parking requirements for combination uses (e.g., convenience store, food services, motor vehicle repair, etc.). Fueling stations operating in conjunction with other uses may be granted shared
parking credit at the rate of one space for each fuel
dispenser.
b. Automated Fueling Facilities Determined by the Zoning Administrator c. Truck Stops Determined by the Zoning Administrator
12. Clothing and Clothing Accessory Stores 4 spaces per 1,000 SF (0.004/SF) of GFA
13. Sporting Goods, Hobby, Book, and Music Stores 4 spaces per 1,000 SF (0.004/SF) of GFA
14. General Merchandise Stores
a. General and Convenience Retail 4 spaces per 1,000 SF (0.004/SF) of GFA b. Discount and Specialty Superstores 5 space per 1,000 SF (0.005/SF) of GFA G. Transportation and Warehousing
1. Airports Determined by the Zoning Administrator
2. Railroad Passenger Terminals Determined by the Zoning Administrator
3. Truck Transportation—General and Specialized
Freight Trucking
One space per employee during the largest shift
4. Warehousing and Storage
a. Warehousing and General Storage See U.1.a (Warehousing/Distribution) of this Table. b. Motor Vehicle Storage 0.1 space per 1,000 SF (0.0001/SF) of GFA devoted to storage; plus, required parking for " general business
offices".
c. Self-Storage 0.1 spaces per 1,000 SF (0.0001/SF) of GFA; plus, required parking for "caretaker quarters" (if provided).
H. Information
1. Publishing Industries 4 spaces per 1,000 SF (0.004/SF) of GFA
2. Motion Picture and Video Industries (except
movie theaters)
Determined by the Zoning Administrator
3. Movie Theaters 0.33 spaces per fixed seat
4. Sound Recording Facilities 4 spaces per 1,000 SF (0.004/SF) of GFA
5. Broadcasting 4 spaces per 1,000 SF (0.004/SF) of GFA
6. Wireless Telecommunications Antennas One space per facility
7. Data Processing, Hosting, and Related Services 6 spaces per 1,000 SF (0.006/SF) of GFA
8. Libraries and Archives Determined by the Zoning Administrator I. Finance and Insurance
1. Banks, Savings Institutions, and Credit Unions 4.6 per 1,000 SF (0.0046/SF) of GFA
2. Pawn Shops and Pawnbrokers 4 spaces per 1,000 SF (0.004/SF) of GFA
3. Insurance Carriers 4 spaces per 1,000 SF (0.004/SF) of GFA J. Real Estate, Rental, and Leasing
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Ontario Development Code Page 6.03-7 (Rev. 12.01.2020)
Table 6.03-1: Off-Street Parking Requirements
Land Uses, Activities, and Facilities No. of Parking Spaces Required
1. Real Estate Lessors, Agents and Brokers, Property
Managers and Appraisers, and Escrow and Listing
Services
4 spaces per 1,000 SF (0.004/SF) of GFA
2. Rental and Leasing Services 4 spaces per 1,000 SF (0.004/SF) of GFA K. Professional, Scientific, and Technical Services
1. Professional, Scientific, and Technical Services 4 spaces per 1,000 SF (0.004/SF) of GFA
2. Scientific, Research, and Development Services 4 spaces per 1,000 SF (0.004/SF) of GFA
3. Veterinary and Animal Hospital Services 5.7 spaces per 1,000 SF (0.0057/SF) of GFA L. Management of Companies and Enterprises 4 spaces per 1,000 SF (0.004/SF) of GFA M. Administrative and Support, and Waste Management
and Remediation Services
1. General Business Offices 4 spaces per 1,000 SF (0.004/SF) of GFA
2. Telephone Call Centers 6 spaces per 1,000 SF (0.006/SF) of GFA
3. Waste Management and Remediation Service Determined by the Zoning Administrator N. Education Services
1. Elementary and Middle Schools 0.28 spaces per student, based upon maximum enrollment.
2. High schools 0.26 spaces per student, based upon maximum enrollment.
3. Colleges and Universities 0.5 spaces per student, based upon maximum enrollment; plus, one space per employee or staff during the largest shift.
4. Business, Technical and Trade Schools 6 spaces per 1,000 SF (0.006/SF) of GFA
5. Instructional Dance Studios 5 spaces per 1,000 SF (0.005/SF) of GFA O. Health Care and Social Assistance
1. Medical Offices 5.7 spaces per 1,000 SF (0.0057/SF) of GFA
2. Hospitals and Medical Centers 1.8 spaces per bed; plus, one space per employee or staff during the largest shift; plus, required parking for
associated "medical offices".
3. Child and Youth Services Determined by the Zoning Administrator
4. Services for the Elderly and Persons with
Disabilities
Determined by the Zoning Administrator
5. Other Residential Care Facilities (more than 6
persons)
0.5 spaces per bed; plus, one space per employee or staff.
6. Child Day Care Services, excluding Small Family
Residential Facilities
0.2 spaces per child, based upon maximum licensed
enrollment capacity; plus, one space per employee
during the largest shift.
P. Arts, Entertainment, and Recreation
1. Performing Arts and Spectator Sports 0.33 spaces per fixed seat
2. Convention Centers, Auditoriums and Other
Public Assembly Facilities
0.25 spaces for each fixed seat or 25 spaces per 1,000 SF (0.025/SF) of GFA.
3. Amusement and Theme Parks Determined by the Zoning Administrator
4. Game Arcades 10 spaces per 1,000 SF (0.01/SF) of GFA 445
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Table 6.03-1: Off-Street Parking Requirements
Land Uses, Activities, and Facilities No. of Parking Spaces Required
5. Golf Courses and Country Clubs 8 spaces per hole; plus, required parking for associated uses.
6. Golf Driving Range One space per tee
7. Miniature Golf Course 3 spaces per hole
8. Fitness and Recreational Sports Centers
a. Health Clubs and Gyms 5 spaces per 1,000 SF (0.005/SF) of GFA b. Swim Clubs 3.3 spaces per 1,000 SF of pool surface area (0.0033/SF) c. Tennis Clubs 3 spaces per tennis court
9. Bowling Centers 4 spaces per lane
10. Batting Cages Determined by the Zoning Administrator
11. Billiard Parlors and Pool Halls 2 spaces per table
12. Dance Clubs and Halls, Ball Rooms, and
Discotheques
25 spaces per 1,000 SF (0.025/SF) of GFA
13. Skating Rinks 3.3 spaces per 1,000 SF (0.0033/SF) of GFA
14. Stables (Commercial) 0.2 spaces per horse maintained on-site Q. Accommodation and Food Services
1. Lodging Facilities (bed and breakfast inns,
boarding and rooming houses, hotels and motels, and
residence inns)
One space per sleeping room; however, provide no fewer
than one space per 2 beds; plus, required parking for
associated uses.
2. Full Service Restaurants 10 spaces per 1,000 SF (0.01/SF) of GFA (includes outdoor seating area up to 25 percent of GFA).
3. Fast Food Restaurants 13.3 spaces per 1,000 SF (0.0133/SF) of GFA (includes outdoor seating area up to 25 percent of GFA).
Restaurants with drive-thru may be credited one space for each 24 lineal FT of drive -thru lane behind the pickup window.
4. Banquet Facilities 25 spaces per 1,000 SF (0.025/SF) of GFA
5. Caterers 2 spaces per 1,000 SF (0.002/SF) of GFA
6. Drinking Places (bars, cocktail lounges, and
nightclubs)
10 spaces per 1,000 SF (0.01/SF) of GFA
R. Other Services
1. Motor Vehicle Repair and Maintenance 2.5 spaces per 1,000 SF (0.0025/SF) of GFA
2. Car Washes, Full-Service and Self-Service One space per employee, minimum 10 spaces; plus, required parking for accessory uses (i.e., motor vehicle repair and service, and retail uses).
3. Upholstery and Furniture Repair 2.5 spaces per 1,000 SF (0.0025/SF) of GFA
4. Footwear and Leather Goods Repair 2.5 spaces per 1,000 SF (0.0025/SF) of GFA
5. Personal Care Services 4 spaces per 1,000 SF (0.004/SF) of GFA
6. Death Care Service
a. Cemeteries Determined by the Zoning Administrator
b. Funeral Homes and Services 25 spaces per 1,000 SF (0.025/SF) of GFA of assembly area; plus, required parking for "general offices".
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Ontario Development Code Page 6.03-9 (Rev. 12.01.2020)
Table 6.03-1: Off-Street Parking Requirements
Land Uses, Activities, and Facilities No. of Parking Spaces Required
7. Religious Assembly and Wedding Chapels 0.33 spaces per fixed seat or 25 spaces per 1,000 SF (0.025/SF) of GFA
S. Public Administration Determined by the Zoning Administrator T. Temporary and Interim Land Uses Determined by the Zoning Administrator U. Industrial and Business Park Developments
1. Industrial
a. Warehousing and Distribution [1] Portion of GFA 20,000 SF or Less : One space per 1,000 SF (0.001/SF);
[2] Portion of GFA Greater Than 20,000 SF : 0.5 space per 1,000 SF (0.0005/SF);
[3] Tractor-Trailer Parking: One tractor-trailer parking space per 4 dock-high loading doors;
[4] Parking for " general business offices " and other
associated uses shall be provided when those uses
exceed 10 percent of the building GFA; and
[5] The Approving Authority may require a restrictive
covenant running with the land, filed with the office of the County Recorder, which restricts the use of a
property/building to warehousing and distribution, unless an alternate parking plan is provided, which demonstrates that on-site parking can be provided in compliance with the "General Industrial" parking requirements (see U.1.c of this Table), to support more intense industrial land uses. b. Manufacturing [1] General Requirement: Provide1.85 spaces per 1,000 SF (0.00185/SF) of GFA;
[2] Tractor-Trailer Parking: One tractor-trailer parking space per 4 dock-high loading doors; and
[3] Parking for " general business offices " and other
associated uses shall be provided when those uses
exceed 10 percent of the building GFA.
c. General Industrial (speculative buildings) [1] Portion of GFA < 50,000 SF: 1.85 spaces per 1,000 SF (0.00185/SF);
[2] Portion of GFA 50,000 SF to 100,000 SF : One space per 1,000 SF (0.001/SF);
[3] Portion of GFA > 100,000 SF: 0.5 space per 1,000 SF (0.0005/SF);
[4] Tractor-Trailer Parking: One tractor-trailer parking space per 4 dock-high loading doors; and
[5] Parking for " general business offices " and other
associated uses shall be provided when those uses
exceed 10 percent of the building GFA.
2. Multi-Tenant Business Park 3 spaces per 1,000 SF (0.003/SF); plus, required parking for "general business offices" when exceeding 10 percent of GFA; plus, one trailer parking space per 4 dock- high
loading doors.
6.03.020: Reduction in the Required Number of Parking Spaces
A reduction in the number of parking spaces required by Section 6.03.020 (Number of Off -Street Parking Spaces Required) of this Division may be granted as follows:
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A. Shared Parking. Any project site where the hours of operation allow the shared use of off- street parking spaces to occur without conflict, the number of parking spaces required may be reduced pursuant to the following conditions:
1. Approval Required . Shared parking may be allowed upon the approval of a Shared Parking Agreement by the applicable Approving Authority pursuant to Table 2.02 -1 (Review Matrix) of this Development Code.
2. Reasonable Walking Distance Required to Shared Parking Facilities . Shared off - street parking facilities shall be provided within a reasonable walking distance from the uses they serve, and shall be located no further than 500 FT from the uses served, measured from the nearest point of the parking facility to the entrance of each use served via the shortest pedestrian route.
3. Shared Parking Agreement.
a. A Shared Parking Agreement by and between the City, the applicant, and all other affected property owners, shall be executed and recorded with the County Recorder, which shall ensure the availability of the number of parking spaces designated for joint use, during the hours specified in the Agreement, for the duration of the uses subject to the shared parking arrangement.
b. The Agreement shall be subject to City Attorney review and approval, as to form and content.
4. Parking Analysis. The Approving Authority may require the applicant to submit a parking demand analysis, prepared by a person/firm experienced in preparing such analyses, to assist the Zoning Administrator in determining the appropriate shared parking reduction. A parking demand analysis shall be prepared pursuant to the Urban Land Institute 's Shared Parking publication. The methodology of the Shared Parking publication may be used as a guide in reviewing a shared parking proposal.
5. Shared Loading Spaces . Loading spaces required by this Division may be shared pursuant to this Section.
B. Low Demand. Any project site where it can be demonstrated that the land use thereon will not utilize the required number of parking spaces due to the nature of the specific land use, or the manner in which the specific land use is conducted, the number of parking spaces required by Table 6.03-1 (Off-Street Parking Requirements) of this Division may be reduced pursuant to the following:
1. Approval Required. A parking reduction based upon low parking demand may be allowed upon the approval of a Low Demand Parking Reduction Agreement by the applicable Approving Authority pursuant to Table 2.02-1 (Review Matrix) of this Development Code.
2. Alternate Parking Plan. In approving a parking reduction, the Approving Authority may require the preparation of an Alternate Off -Street Parking Plan, which demonstrates that additional parking spaces can be provided on -site, as necessary, to accommodate future land use changes or intensifications in land use. Alternately, a restrictive covenant that runs with the land may be required by the Approving Authority, which restricts the use of the subject property for the duration of the parking reduction.
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Ontario Development Code Page 6.03-11 (Rev. 12.01.2020)
3. Low Demand Parking Reduction Agreement . A Low Demand Parking Reduction Agreement by and between the City, the applicant, and all other affected property owners, shall be executed and recorded with the County Recorder, which, at a minimum, shall: [i] provide confirmation that the parking supply proposed will be adequate during periods of maximum demand, [ii] confirm that the parking demand is provided within a reasonable walking distance to the use it serves, and [iii] identify parking management strategies that are necessary to ensure the availability of the necessary number of parking spaces for the duration of the current use and future users of the project site. The Low Demand Parking Reduction Agreement shall be subject to City Attorney review and approval as to form and content.
4. Parking Analysis . The Approving Authority may require the applicant to submit a parking analysis, prepared by a person/firm experienced in preparing such analyses, to assist the Approving Authority in determining the appropriate reduction.
5. Loading Space Reduction. The number of loading spaces required by this Division may be reduced pursuant to this Section.
6.03.025: Tandem Parking
Tandem parking spaces may be allowed as follows:
A. Family Child Day Care. Family child day care homes may provide tandem parking spaces to satisfy the minimum parking requirement for the use.
B. Mobile Home Parks. Mobile home parks may provide tandem parking spaces to satisfy the minimum resident parking requirement for the use. The use of tandem parking spaces shall not be permitted for guest parking spaces.
C. Multiple-Family Projects.
1. Multiple-family development projects may provide tandem parking spaces to satisfy unenclosed (not within a garage or carport) on -site resident parking requirements (i.e., a driveway space located behind a garage or carport space). Multiple -family projects may also provide tandem parking spaces within a parking structure, which meet both enclosed (within garage or carport) and unenclosed resident parking requirements. Guest/visitor parking spaces shall not be designed in a tandem configuration.
2. A tandem parking space shall consist of no more than 2 automobile parking spaces. Both automobile spaces shall be assigned for use by the same dwelling unit.
3. Tandem parking spaces may be counted toward a maximum of 12 percent of the resident parking space requirement established by Section 6.03.020 (Number of Off-Street Parking Spaces Required) of this Division.
D. Residential Component of Mixed-Use Projects. Tandem parking spaces may be provided to satisfy resident parking requirements for the residential component of mixed -use projects and shall comply with the requirements for multiple -family projects, stated Subsection C (Multiple - Family Projects) of this Section.
E. Single-Family Dwellings. Tandem parking spaces may be provided in conjunction with single-family dwellings, when such parking spaces are provided in excess of the minimum parking 449
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(Rev. 12.01.2020) Page 6.03-12 Ontario Development Code requirement for the use (i.e., driveway spaces and tandem garage spaces), as required by Table
6.03-1 (Off-Street Parking Requirements) of this Division.
F. Valet Parking. The Zoning Administrator may authorize valet parking as a means of satisfying the applicable off-street parking requirements of this Division, provided that:
1. Valet parking may be counted toward a maximum of 15 percent of the minimum parking space requirements established by Section 6.03.020 (Number of Off-Street Parking Spaces Required) of this Division.
2. Valet parking facilities shall be provided within a reasonable walking distance from the uses they serve and shall be located no further than 500 FT from the uses served, measured from the nearest point of the parking facility to the entrance of each use served via the shortest pedestrian route.
3. An automobile shall be retrievable from its parking space with the movement of a maximum of 2 additional vehicles;
4. An equivalent number of valet parking spaces shall be available to replace the parking spaces required by Section 6.03.020 (Number of Off -Street Parking Spaces Required) of this Division; and
5. Valet parking spaces shall not require individual striping.
6.03.030: Parking for the Physically Disabled
A. Parking spaces specifically designated and conveniently located for use by the physically disabled shall be provided pursuant to current accessibility regulations contained in State law (CCR Title 24, Part 2, Chapters 2B71, and CVC Section 22507.8).
B. Parking spaces for the physically disabled required by this Section shall count toward fulfilling the minimum off-street parking requirements.
C. For existing parking facilities, the Zoning Administrator may approve a reduction in the number of parking spaces in an existing parking lot below the minimum required by this Section, in order to accommodate required parking spaces for the physically disa bled.
6.03.035: Bicycle Parking
Bicycle parking facilities, including bicycle racks, lockers, and other secure facilities, shall be provided in conjunction with development projects pursuant to current regulations contained in CALGreen (CAC Title 24, Part 11).
6.03.040: Parking for Fuel Efficient Vehicles
Parking spaces specifically designated and conveniently located for fuel- efficient vehicles shall be provided in conjunction with development projects pursuant to current regulations contained in CALGreen (CAC Title 24, Part 11).
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Ontario Development Code Page 6.03-13 (Rev. 12.01.2020)
6.03.045: Off-Street Parking Design Standards
A. Minimum dimensions and design.
1. Minimum Dimensions. The minimum dimensions for off -street parking and loading spaces and access drives shall be as prescribed in Table 6.03 -2 (Standards for Parking Spaces, Drive Aisles, and Driveways), below.
Table 6.03-2: Standards for Parking Spaces, Drive Aisles, and Driveways Requirement Standard
A. Garage or Carport Space Dimensions (enclosed
space) 10 FT wide by 20 FT long
B. Parking Space Dimensions (unenclosed space)
1. Standard Parking 9 FT wide by 18 FT long [1][2]
2. Parallel Parking 8 FT wide by 24 FT long [1]
3. Tandem Parking 9 FT wide by 34 FT long (consists of 2 parking spaces) [1]
4. Trailer Parking 12 FT wide by 45 FT long
C. Loading Space Dimensions 12 FT wide by 18 FT long, unless otherwise specified by this Division
D. Minimum Drive Aisle and Driveway Widths
1. Driveways for Single-Family Dwellings 10 FT wide
2. One-Way Drive Aisles and Driveways for Multiple-
Family and Nonresidential Projects 12 FT wide
3. Two-Way Drive Aisles for Multiple-Family and
Nonresidential Projects
24 FT wide, except that fire lanes required pursuant to the Ontario Fire Code shall be designed pursuant to Ontario Fire Department standards. Furthermore, two- way drive aisles may be reduced to 20 FT in width along segments that are not directly accessed by parking spaces.
4. Two-Way Driveways for Residential Projects 20 FT wide
Notes:
[1] An additional foot of width shall be provided for each side of a parking space that is contiguous with a fence, structure, wall, or other obstruction.
[2] The standard parking space length may be reduced to 16 feet, if 2 feet of width is added to adjacent sidewalk and/or landscape areas, to accommodate motor vehicle overhang. Vehicle overhang shall not encroach into a pedestrian path of travel.
2. End of a Drive Aisle . A drive aisle providing access to a parking space that is perpendicular to the drive aisle shall extend 5 FT beyond the side of the last parking space in the drive aisle to provide adequate area for the backing-up of parked vehicles.
3. Minimum Vertical Clearances Required.
a. All Off-Street Parking Spaces . A minimum 7 -FT vertical clearance shall be maintained for all off -street parking spaces, including entrances, except that the vertical 451
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(Rev. 12.01.2020) Page 6.03-14 Ontario Development Code clearance for the front 4 FT of a parking space serving a single -family dwelling or multiple -family residents may be reduced to not less than 4.5 FT in height.
b. Off-Street Parking Spaces for the Physically Disabled. A minimum 98 -inch vertical clearance shall be maintained for all off-street parking spaces for the physically disabled, including entrances and accesses to the spaces.
c. All Off-Street Loading Spaces. A minimum 14-FT vertical clearance shall be maintained for all off-street loading spaces, including entrances and accesses to the spaces.
4. Parking Bays and Drive Aisles. The minimum dimension and design of parking bays and maneuvering drive aisles shall be as prescribed in Table 6.03 -3 (Dimensions for Parking Facilities), below.
Table 6.03-3: Dimensions for Parking Facilities
Parking Angle
Vehicle
Projection
(VP)
Aisle Width Base Module
One-Way
(A1)
Two-Way
(A2)
One-Way
(W1)
Two-Way
(W2)
45° 17'-7" 11'-10" 24'-0" 47'-0" 59'-2"
50° 18'-2" 12'-2" 24'-0" 48'-6" 60'-4"
55° 18'-8" 12'-8" 24'-0" 50'-0" 61'-4"
60° 19'-0" 13'-6" 24'-0" 51'-6" 62'-0"
65° 19'-2" 14'-8" 24'-0" 53'-0" 62'-4"
70° 19'-3" 15'-6" 24'-0" 54'-0" 62'-6"
75° 19'-1" 16'-10" 24'-0" 55'-0" 62'-2"
90° 18'-0" 24'-0" 24'-0" 59'-0" 60'-0"
Two-Way Drive Aisle
One-Way Drive Aisle
A1
VP
VP
W1
A2
VP
VP
W2
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Ontario Development Code Page 6.03-15 (Rev. 12.01.2020) B. Parking Lot Access and Location of
Parking Spaces.
1. The design and location of all
vehicle accesses from a public street or alley to
an off-street parking facility shall be approved by
the City Engineer.
2. Each parking space shall be
accessible from a street or alley, provided no
parking space shall be designed to require that
vehicles back into a street, excepting parking
that serves a single-family dwelling.
3. No parking space shall be
located so that a vehicle will be required to
maneuver for position to enter or exit the space
within 30 FT of a vehicular entrance from a public
street.
4. Commercial or office
developments with parking for at least 150 or
more vehicles shall be designed with primary
drive aisles unencumbered by parking spaces,
intersecting parking aisles, or other access drives,
for a distance of at least 100 FT behind the s treet
property line or 112 FT behind the street curb face, whichever is greater.
5. Carpool and high occupancy vehicle spaces should be located in the most advantageous and reasonable location, as close as possible to the primary employee entrance(s) of the user(s) which they are intended to serve.
6. Parking spaces for dwellings shall be located within 150 FT from the dwelling (front or rear door) for which the space is provided, excluding structures containing 3 or more stories.
7. Bicycle and automobile parking areas shall be separated from one another by a physical barrier or sufficient distance to protect bicycles and their riders from damage by maneuvering automobiles.
8. A garage facing a public street shall provide a clear space of at least 20 FT between the garage entrance and the street property line.
9. The minimum clear area for vehicle access in front of a garage or carport entrance shall be as shown in Figure 6.03-1 (Garage/Carport Entrance Clear Area).
10. Except as otherwise provided in this Development Code, off-street parking spaces are not to be located within a required front or street side setback area, or the required rear setback area of a through lot.
11. All drive aisles entering a site shall be provided with an enhanced pavement treatment, excepting lots containing single -family dwellings. The enhanced paving shall extend
Garage or
Carport
House or
Other Structure
Minimum
Clear Area
20 FT
23 FT
10 FT
16 FT
Figure 6.03-1: Garage/Carport Entrance Clear Area
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C. Striping and Identification.
1. All automobile parking spaces within commercial zoning districts shall be clearly outlined with double lines on the parking area surface. Within all other zoning districts, automobile parking shall be clearly outlined with single lines on the parking area surface (double lines may be used).
2. All parking area striping shall be permanently maintained in a clear and visible manor.
3. All parking spaces for the physically disabled shall be striped and marked in accordance with applicable State laws and standards.
4. All parking spaces reserved for low emissions vehicles shall be clearly marked with the words "Low Emissions Vehicles Only" either on the wheel stop or curb, or on the pavement at the opening of the space.
5. All spaces reserved for carpools and high occupancy vehicles shall be clearly marked with the words "Carpool/HOV Only" on either the wheel stop or curb at the back of each space, or on the pavement at the opening of the space.
6. Within multiple family residential developments, required guest parking spaces shall be clearly marked with the word " Guest" on either a wheel stop or curb at the head of each space, or on the parking surface at the opening of each space.
D. Parking, Drive Aisle, and Driveway Surface Paving. All permanent parking spaces, drive aisles, and driveways shall be paved with asphalt, concrete, or other all- weather surface approved by the Planning Director, Fire Marshall, and City Engineer.
E. Wheel Stops and Curbs.
1. Drive aisles and parking surfaces contiguous with planter areas shall have a 6-inch concrete curb separation constructed per City standards, except where a landscape area is parallel and adjacent to a parking stall the curb separation be increased to a min imum of 12 inches in width to provide a step-out area from motor vehicles.
2. All parking spaces located adjacent to buildings or walls shall have concrete wheel stops located from a minimum of 2.0 FT, to a maximum of 2.5 FT, from the building or wall.
F. Maintenance. All parking facilities shall be permanently maintained, free of weeds, liter, and debris.
6.03.050: Parking Lot Lighting
A. Parking Lot Lighting Required. All off-street parking facilities shall be provided with nighttime security lighting pursuant to OMC Section 4 -11.08 (Special Residential Building Provisions) and Section 4-11.09 (Special Commercial/Industrial Building Provisions), designed to confine emitted 454
Division 6.03—Off-Street Parking and Loading
Ontario Development Code Page 6.03-17 (Rev. 12.01.2020) light to the parking areas. Parking facilities shall be lighted from sunset until sunrise, daily, and shall be operated by a photocell switch.
B. Lighting Level Measurement. Lighting levels shall be measured with a direct -reading portable light meter. The equipment used shall allow accurate measurements, with all measurements made after dark with the lights on and then again with the lights off. The difference between the two readings shall then be compared to the applicable standard for maximum permitted illumination.
C. Light Fixtures Shall Be Decorative. All parking lot lighting fixtures shall be decorative.
D. Lighting Along Pedestrian Corridors. Along pedestrian movement corridors, the use of decorative low-mounted bollard light standards, which reinforce pedestrian scale, shall be used.
E. Illumination on Adjacent Property. Unless intended as part of a master lighting program, no operation, activity, or lighting fixture shall create illumination on any adjacent property.
F. Maximum Luminaire Heights. The maximum permitted height of luminaires within a parking lot shall be as follows:
1. No Cutoff Luminaire . When a light source or luminaire has no cutoff (the point at which all light rays are completely shielded), the maximum permitted height of the luminaire shall be 14 FT.
2. Ninety Degree or More Cutoff Luminaire . When a luminaire has a total cutoff of light at an angle of 90 degrees or greater, the maximum permitted height of the luminaire shall be 24 FT.
3. Less than 90-Degree Cutoff Luminaire. When a luminaire has a total cutoff of light at an angle of less than 90 degrees, the maximum permitted height of the luminaire shall be 30 FT.
6.03.055: Off-Street Loading Standards
A. Number of Loading Spaces Required. Full-service and limited -service eating places, drinking places, convenience stores, hotels and motels, and all other traveler accommodations, and any other use deemed by the Zoning Administrator to be in need of off-street loading facilities, shall be provided a minimum of one off-street loading space.
B. Minimum Dimensions and Design.
1. At-Grade Loading Facilities. At-grade loading doors shall be provided with an off - street loading space located immediately in front of the door measuring a minimum of 12 FT in width and 18 FT in length, and having a minimum vertical clearance of 14 FT, measured from the finish grade of the space. The loading space may be provided either perpendicular or parallel to the loading door.
2. Dock-High Loading Facilities.
a. Dock-high loading doors shall be provided with an off-street loading space located immediately in front of the door measuring a minimum of 12 FT in width and 45 FT in length, 455
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b. A truck maneuvering area equal to the width of the loading door and a minimum of 120 FT in depth shall be provided in front of dock -high loading doors, and, at a minimum, the maneuvering area shall be designed to accommodate the minimum practical turning radius of a 55 -FT semi -trailer and tractor combination. Deviations from th is minimum maneuvering standard may be permitted if it can be shown that the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific use; however, in permitting such deviation(s), a covenant of restriction to run with the land may be required, which specifies limitations relating to truck size and/or type. Larger maneuvering areas shall be required if the use of a larger semi-trailer and tractor combination is proposed.
c. Truck maneuvering areas shall not encroach into required off-street parking areas and landscaped areas.
C. Loading Facilities Prohibited Within Setback Areas. Except as otherwise provided by this Chapter, off-street loading spaces and areas, and associated vehicle maneuvering areas shall not be located within required front or street side setback areas, the rear setback area of a through lot, or any other required setback area located within 25 FT of a residentially zoned property.
D. Screening of Loading Facilities. Loading facilities should be located at the rear or interior side of buildings and shall be screened from public view or view from residential, retail and office uses, and the offices of industrial uses on adjacent properties. When it is not possible or desirable to locate loading facilities at the rear or interior side of buildings, loading facilities may be located on the street side or front of buildings, provided they are screened from public view by a decorative masonry wall with view -obstructing access gates pursuant to Division 6.02 (Walls, Fences, and Obstructions) of this Development Code.
E. Loading Space Ingress and Egress. All loading spaces shall have adequate ingress and egress as approved by the City Engineer and shall be designed and maintained so that vehicle maneuvering and loading/unloading activities do not interfere with the orderly movement of traffic and pedestrians on any public street or alley.
F. Screening of At-Grade Loading Doors and associated Loading Spaces. All at-grade loading doors shall be decorative, unless located within an enclosed yard area and screened from public view by a decorative masonry wall with view -obstructing access gates pursuant to Division 6.02 (Walls, Fences, and Obstructions) of this Development Code.
G. Screening of Dock -High Loading Doors and Associated Loading Spaces and Truck Maneuvering, Parking, and Staging Areas. All dock-high loading doors and associated loading spaces and truck maneuvering, parking, and staging areas, shall be located within an enclosed yard area and screened from public view by a decorative masonry wall with view -obstructing access gates pursuant t o Division 6.02 (Walls, Fences, and Obstructions) of this Development Code.
H. No Backing onto or from a Public Street. All loading spaces shall be designed and maintained so that vehicles do not back in from, or onto, a public street.
I. Match Loading Bay and Roll -Up Door Color to Adjacent Building Finish. The loading bays and roll-up doors shall be painted to blend with the adjacent exterior building finishes. 456
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J. Concealment and Screening of Loading Areas . Areas for loading and unloading shall be designed to avoid potential adverse noise, visual, and illumination impacts on neighboring residences. These areas shall be concealed from view by the public and adjoining land uses.
Concealment and screening may be accomplished by use of any of the following methods, subject to Zoning Administrator approval:
1. Orient loading spaces, areas, and doors such that they are concealed from public view by buildings; and
2. Screen loading spaces, areas, and doors pursuant to Division 6.02 (Walls, Fences, and Obstructions) of this Development Code, with walls and view -obstructing gates, which are architecturally coordinated with adjacent buildings. In addition, incorporate int ense on -site landscaping to block public views of loading areas.
K. Loading Facilities in Close Proximity to Dwellings. Special orientation or design treatment of loading bays and doors located in close proximity to dwellings shall be required in order to reduce associated light and noise impacts to less-than-significant levels.
L. Striping and Identification. Loading spaces shall be striped, indicating the loading spaces and identifying the spaces for "Loading Only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.
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Ontario Development Code Page 6.04-1 (Rev. 12.01.2020)
Division 6.04—Congestion Management and Trip Reduction
Sections:
6.04.000: Purpose and Intent
6.04.005: Applicability
6.04.010: Trip Reduction Measures
6.04.000: Purpose
Use of the private automobile in Southern California has created serious traffic congestion and air quality problems. At the regional and local levels, government agencies have adopted policies and programs aimed at reducing the number of single -passenger vehicles traveling along the region's highways, thereby alleviating congestion and improving air quality within the region. The trip reduction measures contained in this Division are intended to help meet congestion management and air quality goals of the region.
6.04.005: Applicability
A project requiring the approval of a tentative tract or parcel map pursuant to Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps), Development Plan pursuant to Section 4.02.030 (Development Plan), and/or Conditional Use Perm it pursuant to Section
4.02.015 (Conditional Use Permits) of this Development Code, and for which an application was submitted on or after January 1, 1994, provision shall be made for the applicable trip reduction measures required by this Division.
6.04.010: Trip Reduction Measures
The following trip reduction measures shall be implemented:
A. Non-Residential Projects.
1. Bicycle Parking and Shower/Changing Rooms. Safe and convenient access to bicycle racks shall be provided from public streets. Bicycle racks or other secure bicycle parking, and shower/changing rooms, shall be provided pursuant to current regulations contained in CALGreen (CAC Title 24, Part 11).
2. On-Site Pedestrian Walkways . On -site pedestrian walkways shall be provided, which connect each building in a development to bicycle parking facilities (if required) and public streets.
3. Passenger Loading Areas . Passenger loading areas shall be provided pursuant to current regulations contained in CALGreen (CAC Title 24, Part 11).
4. Carpool/Vanpool Parking Spaces . Parking spaces reserved for use by carpool/vanpool vehicles shall be provided pursuant to current regulations contained in CALGreen (CAC Title 24, Part 11).
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5. Transit Facilities. Transit facilities, such as bus shelters, bus pullouts, and bus pads, shall be provided if the Planning Director, in consultation with local transit providers, determines they are needed to serve the development.
6. On-Site Video Conferencing Facilities. On-site video conferencing facilities shall be provided for office buildings with a capacity of 1,000 employees or greater.
B. Multiple-Family Residential Projects (consisting of 10 or more dwellings).
1. Bicycle Parking and Shower/Changing Rooms . Safe and convenient access to bicycle racks shall be provided from public streets. Bicycle racks or other secure bicycle parking, and shower/changing rooms, shall be provided pursuant to current regulations contained in CALGreen (CAC Title 24, Part 11).
2. On-Site Pedestrian Walkways . On -site pedestrian walkways shall be provided, which connect each building in a development to bicycle parking facilities (if required) and public streets.
3. Passenger Loading Areas . Passenger loading areas shall be provided pursuant to current regulations contained in CALGreen (CAC Title 24, Part 11).
4. Transit Facilities. Transit facilities, such as bus shelters, bus pullouts, and bus pads, shall be provided if the Planning Director, in consultation with local transit providers, determines they are needed to serve the development.
C. Single-Family Residential Projects of 500 or More Dwellings. Facilities shall be provided to give residents an opportunity to telecommute, or an in -lieu contribution, shall make provision for telecommuting facilities, or an alternate strategy for reducing an equal amount of trips as would have occurred from provision of telecommuting facilities shall be implemented per Subsection D (Modification of Trip Reduction Measures) of this Section.
D. Modification of Trip Reduction Measures. The Approving Authority may modify all or part of the trip reduction measures for new projects, if the following findings can be clearly established:
1. One or more of the measures are not applicable due to special circumstances, including, but not limited to, the location or configuration of the project, the implementation of existing trip reduction measures and transportation demand strategies, or other specific factors that make implementation infeasible or reduce the effectiveness of the prescribed measures.
2. An alternative trip reduction and transportation demand management strategy will be implemented to reduce an equal number of trips as would have occurred as a result of imposition of the prescribed measures. Implementation of the alternative strategy shall be a condition of project approval.
E. Trip Reduction and Transportation Demand Management Program/Facility Credit. Credit may be granted for trip reduction and transportation demand management programs and facilities, as follows:
1. Existing trip reduction and transportation demand programs and facilities in a development program may satisfy all or part the requirements of this Section pertaining to new construction, subject to the approval of the Approving Authority. The amount of credit given shall 460
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be determined through an assessment of how the existing facilities would meet the requirements of this Section if based upon the GFA of the entire complex.
2. The Planning Commission may determine that a reduction in the required number of parking spaces for the proposed use or uses is acceptable because implementation of the trip reduction and transportation demand management measures would eliminate some of th e demand for parking.
F. Certificate of Occupancy. Prior to the issuance of a certificate of occupancy for any new building or addition to an existing building, all facilities and improvements required by this Section shall be constructed or otherwise provided.
G. Improvements and Facilities to be Maintained in Good Repair. All facilities and improvements constructed or otherwise required by this Section shall be maintained in a state of good repair.
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Division 6.05—Landscaping
Sections:
6.05.000: Purpose
6.05.005: Applicability
6.05.010: Landscape Design Principles
6.05.015: Landscape Plans
6.05.020: Tree Preservation Policy and Protection Measures
6.05.025: Heritage Tree Preservation Mitigation Fee
6.05.030: Heritage Tree Preservation Trust Fund
6.05.035: Violation—Penalty
6.05.040: Required Landscaped Areas
6.05.045: Landscape Development Standards
6.05.050: Landscape Maintenance
6.05.055: Landscape Design and Construction Guidelines
6.05.000: Purpose
The purpose of this Division is to establish standards regulating landscaping and irrigation systems, which:
A. Improve the connection between the built and natural environments, increase the function of outdoor spaces and buffer land use compatibility conflicts;
B. Enhance the aesthetic appearance of development in all areas of the City by providing standards relating to the quality, quantity, and functional aspects of landscaping;
C. Reduce heat and glare generated by development;
D. Promote public health, safety, and welfare, by minimizing the impacts of all forms of physical and visual pollution, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic safety;
E. Reduce energy use and associated costs from heating and air conditioning buildings and the transportation and pumping of water.
F. Preserve existing protected trees and topsoil where possible, incorporate native plant communities, and ecosystems into landscape design, and control soil erosion;
G. Promote the conservation of water by establishing provisions for water management practices, and techniques for the installation and maintenance of appropriate landscape materials and efficient irrigation systems as required by the Water Conservation in La ndscaping Act of 2006 (AB 1881) and Executive Order No. B -29-15 (updated 2015), Model Water Efficient Ordinance (MWELO), commencing with GC Section 65591.
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6.05.005: Applicability
A. Landscaping Required. All projects shall provide and maintain landscaping and irrigation systems in compliance with the provisions of this Division.
B. Landscape and Irrigation Plans Subject to City Review.
1. Submittal of Landscape and Irrigation Plans Required . Landscape and irrigation plans shall be submitted to the City for review for compliance with the requirements of this Division.
2. Plan Approval Required . Landscaping shall not be installed until the Landscape and Irrigation Construction Documentation Plans required by this Division have been approved by the Approving Authority. The Approving Authority is established by Table 2.02-1 (Review Matrix) of this Development Code and shall be empowered to approve or deny Landscape and Irrigation Documentation Plans.
3. Changes to Approved Landscape and Irrigation Plans . Changes to approved Landscape and Irrigation Documentation Plans, which affect the character or quantity of the plant material or irrigation system design, shall be resubmitted for approval of the revision by the Approving Authority, prior to the commencement of the changes.
6.05.010: Landscape Design Principles
Landscaping is an important part of the aesthetic quality of the City and is important to create a sense of the City as a pleasant and safe place to live and work. The standards prescribed by this Division are intended to pursue sustainable, high quality landscaping, which is associated with the varying land use characteristics of the community. It is further intended that implementation of these guidelines will serve to enhance the street environment for motorists, as well as to contribute to convenient pedestrian connections throughout the City.
1. Use landscaping to define and create usable spaces throughout each development. Landscaping should be used to guide the user through the site and incorporate appropriate design elements for spaces such as entrances, walkways, gathering spaces, seating areas, utility areas, view corridors, open spaces, play spaces, and foregrounds and backdrops.
Landscape design can be accomplished by utilizing form, function, scale, unity, contrast, varying the density of landscape material, use of color, layering, vertical and horizontal contrasts, and varying the texture of planting. Individual building projects can be enhanced through larger and more intensely developed landscaping.
2. Use landscaping to reduce the massing of buildings and eliminate large blank walls. Landscaping should be used to reduce the massing or bulk of buildings, particularly large industrial and warehouse/distribution buildings. Reductions in massing can be accomplished by using landscape treatments to provide vertical and horizontal contrast and to add visual interest.
Major buildings should have foundation plantings adjacent to buildings such as hedgerows or shrub masses to break the horizontal ground plane from the vertical plane of the building.
3. Use landscaping to soften the effect of paved areas. Landscaping should be provided in all parking areas to reduce the visual impact of parking areas and reduce associated heat build-up. Parking lot landscaping should be integrated with, and an extension o f, other on- site landscape features.
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4. Landscapes should be designed to achieve harmony and unity between indoor and outdoor spaces. Designs should create both pleasing and economical layouts, incorporating durable and natural materials while ensuring safety and providing guidance for pedestrians and vehicles to their destinations. High quality landscapes should be attractive with open accessibility to nature while incorporating measures to promote sustainability: environmentally, economically, and socially.
5. Environmentally sustainable landscapes efficiently manage stormwater by capturing, and infiltrating runoff into dry wells, french drains, vegetated swales, or basins in planter areas or into porous hardscapes. Hardscape areas should be planted with canopy trees to clean air and mitigate the urban heat island effect and use California native and Mediterranean type plants to conserve water.
6. Economically sustainable landscapes are energy efficient by using large trees to buffer summer sun and winter wind on buildings or outdoor seating areas. They use resources carefully by incorporating low water using plants and efficient irrigation systems. Turfgrass areas are limited to parks and open spaces for active play which help reduce maintenance, pollution and water resource costs.
7. Socially sustainable landscapes create unique environments that enhance places to work, shop or dine and lend significant value to development. High quality landscapes have a profound impact on people 's attitude and work performance as well as their enjoyment of a place. Open spaces, plazas, employee lunch areas and trails offer places to unwind, and meet people. Accessible paths and trails improve health through walking and biking.
6.05.015: Landscape Plans
A. Preliminary Landscape Plans.
1. Plan Required. A preliminary landscape plan shall be submitted with a Development Plan application or any other discretionary permit or action that proposes new or revised landscaped area. Where no discretionary permit or action is required, Landscape and Construction Irrigation Documentation Plans prepared pursuant to Subsection B (Landscape and Irrigation Construction Documentation Plans) of this Section, may be required by the City prior to the issuance of a Building Permit, as a requirement of any landscaped area proposed in fulfillment of the requirements of this Development Code.
2. Preliminary Landscape Plan.
a. The preliminary landscape plan shall meet the purposes of this Division by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size, scale, theme, and similar attributes.
b. The preliminary landscape plan shall provide the Approving Authority with a clear understanding of the landscaping program prior to preparation of the detailed Landscape and Irrigation Documentation Plans.
c. The preliminary landscape plan shall meet the purposes of OMC Title 10 (Parks and Recreation), Chapter 2 (Parkway Trees), commencing with Section 10-2.01.
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d. The preliminary landscape plan shall include the Maximum Applied Water Allowance (MAWA) calculation, based upon the area devoted to landscaping as shown on the preliminary landscape plan. See worksheets contained in the Landscape Design and Construction Guidelines (Development Code Reference G) for the MAWA calculation formula.
3. Plan Preparation by a Qualified Design Professional is Required . Preliminary landscape plans shall be prepared by a California -registered landscape architect, or the architect that designed the on -site structures and improvements, or other qualified design professional.
4. Waiver of Requirements. The Approving Authority may waive the requirement for a preliminary landscape plan for building additions and remodels if no alterations, or minor alterations, are proposed to existing landscape areas or site topography.
B. Landscape and Irrigation Construction Documentation Plans.
1. Landscape and Irrigation Construction Documentation Plans Required.
a. Prior to the installation of landscaping and irrigation systems required by this Division, Landscape and Irrigation Construction Documentation Plans shall be submitted to the City for review and approval by the Approving Authority.
b. The required plans shall be prepared by, and bear the seal of, a landscape architect registered with the State of California.
c. Landscape and Irrigation Construction Documentation Plans shall be provided for each of the following project types:
(1) New and rehabilitated public or private development projects with landscaping;
(2) Developer-installed landscaping for all single -family and multiple - family development projects; and
(3) New and rehabilitated homeowner -installed or homeowner -hired projects with landscaping totaling 5,000 SF or more in area, on any lot containing a single -family or multiple-family dwelling.
2. Water Conservation Concept Statement . A Water Conservation Concept Statement shall be provided on the cover sheet of the Landscape and Irrigation Construction Documentation Plan set required by Paragraph B.1 (Landscape and Irrigation Documentation Plans Required) of this Section, which serve s as a checklist to verify that all required elements of the Landscape and Irrigation Construction Documentation Plans have been provided. A Water Conservation Concept Statement shall have the form and content shown in the Landscape Design and Construction Guidelines (Development Code Reference G).
3. Water Budget Worksheet. A Water Budget Worksheet for new landscape areas shall be provided with each Landscape and Irrigation Construction Documentation Plan set submitted for areas to be newly landscaped, as required by Paragraph B.1 (Landscape and Irrigation Documentation Plans Required) of this Section. Said worksheet shall have the form and content shown in the Landscape Design and Construction Guidelines (Development Code Reference G), and shall include: [i] calculation of the Maximum Applied Water Allowance 466
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(MAWA), [ii] calculation of the Estimated Total Water Use (ETWU), and [iii] calculation of the Water Budget Comparison.
4. Requirements for Existing Landscape Areas.
a. All existing landscape areas that are one or more acres in size, and were installed prior to January 1, 2010, shall provide a project's MAWA for existing landscaping. A Water Budget Worksheet for Existing Landscape Areas shall be provided with the Landscape and Irrigation Construction Documentation Plans, which shall be consistent with the form and content shown in the Landscape Design and Construction Guidelines (Development Code Reference G).
b. Existing landscape areas and landscape areas that do not have a dedicated water meter shall employ techniques, equipment and procedures to reduce water use and meet the MAWA for existing landscapes.
c. Landscape areas that do not meet the MAWA shall utilize: [i] an irrigation survey; [ii] an audit performed by a Certified Landscape Irrigation Auditor or a Landscape Industry Technician certified in irrigation, to provide recommendations, such as replacement or repairing of irrigation equipment as recommended in order to prevent water waste a nd meet the water budget; or [iii] other methods acceptable to the City.
5. Planting Plan. The Planting Plan shall be included in the Landscape and Irrigation Construction Documentation Plans and shall contain all required information prescribed by this Division and the Landscape Design and Construction Guidelines (Development Code Reference G).
6. Irrigation Plan. The Irrigation Plan shall be included in the Landscape and Irrigation Construction Documentation Plans and shall contain all required information prescribed by this Division and the Landscape Design and Construction Guidelines (Development Code Reference G).
7. Precise Grading Plan. A Precise Grading Plan shall be included in the Landscape and Irrigation Documentation Plans and shall contain all required information prescribed by this Division and the Landscape Design and Construction Guidelines (Development Code Reference G). To promote the efficient use of water, the grading of a project site shall be designed to minimize soil erosion, runoff, and water waste, and shall avoid soil compaction in landscape areas.
Furthermore, said plans shall show grading techniques and stormwater devices that increase rainwater capture for infiltration and/or on-site storage coordinated with the landscape design.
8. Soil Management Report . Agronomical soil testing shall be performed, and test results and recommendations shall be included on the Landscape Documentation Plans. Testing shall be performed, and recommendations shall be implemented, prior to landscape installation.
9. Irrigation Schedules. Irrigation Schedules shall be included in the Landscape and Irrigation Construction Documentation Plans.
10. Maintenance Schedules. Landscaping and irrigation systems shall be maintained to ensure water use efficiency, plant health, and a well maintained, attractive appearance. A regular maintenance schedule shall be included in the Landscape and Irrigation Construction Documentation Plans.
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11. Certificate of Completion . Upon completion of landscaping and irrigation system installation, the licensed landscape architect of record, or their designee, shall conduct a final field inspection and shall prepare a Certificate of Completion, which shall be filed with the City.
The Certificate of Completion shall specifically indicate that the landscaping and the irrigation system were installed as shown on the approved Planting and Irrigation Plans, and that the soil testing and amendments have been installed as specified by the soil management plan. If the irrigation system was not installed pursuant to plans, or if water use exceeds the water budget, a certified landscape irrigation auditor shall conduct an irrigation audit, and the recommendations to ensure water efficiency shall be provided, prior to permit approval.
12. Required Plans, Maps, Reports, Schedules, and Other Necessary Information . All plans, maps, reports, schedules, and other information required to be contained in the Landscape and Irrigation Construction Documentation Plan set by this Section, shall include all information stipulated by the Landscape Design and Construction Guidelines (Development Code Reference G), which prescribes the minimum information to be submitted, together with any required plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to review and act upon the required plans and information.
13. Public Education. All model homes that are landscaped shall incorporate signs and written information to demonstrate the principals of water efficient landscapes described in this Division. Signs shall feature elements such as hydrozones , irrigation equipment, and plants that contribute to the overall water efficient theme. Written information shall be provided about plant types, irrigation systems and managing and maintaining water efficient landscapes.
6.05.020: Tree Preservation Policy and Protection Measures
A. Purpose. The purpose of this Section is to establish policies and measures that will further the preservation, protection, and maintenance of established and healthy heritage trees within the City, to improve the community forest that provides environmental, aesthetic and economic benefits, and enhances the quality of life. It is pertinent to the public welfare that such trees be protected from indiscriminate cutting or removal.
B. Applicability. The City Council hereby establishes that it is the policy of the City to preserve, protect, and maintain established and healthy trees within the City, to the extent practicable.
Consideration shall be afforded Heritage Trees, as set forth in this Section.
C. Definitions. As used in this Section, the following words, terms, and phrases are defined as follows:
1. Heritage Tree. The term "Heritage Tree" means a tree of historic or cultural significance, or a tree of importance to the community due to any one of the following factors:
a. A tree designated for preservation pursuant to Section 4.02.0 40 (Historic Preservation—Historic Landmark and District Designations, and Architectural Conservation Areas) of this Development Code.
b. It is one of the largest or oldest trees of the species located in the City, with a trunk diameter of 18 inches or greater, measured at 54 inches above natural grade; or
c. It has historical significance due to an association with an historic building, site, street, person, or event; or
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d. It is a defining landmark or significant outstanding feature of a neighborhood or district, or typical of early Ontario landscapes, including [i] Cinnamomum camphora (Camphor Tree), [ii] Cedrus deodara (Deodar Cedar), [i ii] Platanus acerifolia, [iv] Quercus suber (Cork Oak), [v] Quercus ilex (Holly Oak), or [vi] Schinus molle (California Pepper); or
e. It is a Native Tree. The term "Native Tree" means any one of the following California native tree species, which has a trunk diameter of more than 8 inches, measured at 54 inches above natural grade, including [i] Platanus racemosa (California Sycamore), [ii] Pinus torreyana (Torrey Pine), [iii] Quercus agrifolia (Coast Live Oak), [iv] Quercus engelmannii (Engelmann Oak), [v] Quercus lobata (Valley Oak), or [vi] Umbellularia californica (California Bay).
2. Tree Protection Area. The term "Tree Protection Area" (TPA) means the area of tree roots and canopy to be designated by fencing to prohibit access during construction activities.
The tree protection area is typically equal to one foot of radius for each inch of trunk diameter measured at 54 inches above natu ral grade, but not less than an 8 -FT radius. This term may also be referred to as "Protected Root Area" (PRA).
D. Tree Inventory and Preservation Plan.
1. Property proposed for development on which a Heritage Tree exists, shall require the submittal of a Tree Inventory and Preservation Plan prepared by a licensed landscape architect, horticulturalist, certified arborist, or other related professional. Said plan shall be submitted concurrent with a Development Plan or building permit request for alterations of a site and shall be reviewed and approved by the Approving Authority for the corresponding application request.
2. The Tree Inventory and Preservation Plan shall show all existing on -site trees, and those existing trees on abutting lots and public rights -of-way with a canopy or root zone that extends onto the site or within 8 FT of a construction, staging or storage ar ea, or graded site.
Furthermore, the Tree Inventory and Preservation Plan shall identify TPAs and trees requested to be removed and shall show replacement trees as required by this Division.
3. The Tree Inventory and Preservation Plan shall include a tree evaluation or arborist report of affected trees, prepared by a City-approved certified arborist or qualified horticulturalist, to determine health, structure, condition, and expected life span of all affected trees.
E. Tree Protection During Construction.
1. All trades performing work on property in which trees have been specifically identified for protection pursuant to this Section, shall be informed of the protected trees .
2. During site construction, no person in control of work shall leave any Heritage Tree(s) without sufficient protections in place to prevent injury to the tree(s). Furthermore, it shall be unlawful and a violation of this Section to leave any Heritage Tree protected pursuant to this Section without sufficient protections in place.
3. Any special Tree Protection During Construction requirements shall be included in the Tree Inventory and Preservation Plan, and on any Demolition, Grading, or Construction Plan(s) where existing trees may be impacted, along with the following Tree Protecti on During Construction standard notes:
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a. Existing trees to be protected shall be identified with protective fencing to form a TPA. The TPA shall encircle the tree at the outer most edge of the root zone and canopy.
The TPA is defined by its "Critical Root Radius," which is calculated by measuring the tree's diameter at 54 inches above natural grade (dbh) and allowing 1.5 FT of radius for each inch of tree diameter. In example, if a tree's dbh is 10 inches, its Critical Root Radius is 15 FT.
b. Protective fencing shall be installed prior to any earthwork and shall remain in place until all work is complete. Fencing shall be 3 FT to 4 FT in height and shall be installed at the outer most edge of the Critical Root Radius or TPA. The temporary fencing shall be of chain link or other approved durable material. Post " Tree Protection Zone – Keep Out " signs on TPA fencing.
c. No construction or staging equipment is allowed within a TPA, including heavy equipment that will compact and damage the roots.
d. No disposal of construction materials or by products including paint, plaster, or chemical solutions, is allowed within a TPA.
e. Natural or preconstruction grade shall be maintained within a TPA. At no time shall soil be in contact with a tree trunk above the root flare.
f. TPAs shall be irrigated sufficiently with clean potable water to keep the tree in good health and vigor before, during, and after construction. Deep watering may be necessary on a weekly basis. Verify that the depth of irrigation provided to roots is adequate.
g. Apply a 4-inch to 6-inch thick layer of mulch within the TPA, one foot away from the trunk, before construction begins.
h. Any work required to be conducted in the ground, within the TPA, shall be accomplished with hand tools or an air spade.
i. Pruning for clearance, if needed, shall be done to prevent damaging branches with large equipment. All pruning shall be in accordance with industry standards (International Society of Arboriculture ANSI A300) under the direction of a Certified Arborist.
j. Avoid cutting roots with a diameter larger than 2 inches. Cuts should be clean and made at right angles to the roots. When practical, cut roots back to a branching lateral root. Trenches for piping shall be bored under, at a minimum depth of 36 inches. Con sult a Certified Arborist to be present if more than 33 percent of the root zone is impacted, or roots greater than 2 inches diameter within 5 FT of the trunk will be cut, to ensure tree stability and that health will not be affected.
k. Protect soil and roots from compaction in landscape areas used for driveways, storage, or parking, with a layer of geotextile fabric and 6 inches of crushed gravel.
4. All trades performing work on property in which trees have been specifically identified for protection pursuant to this Section, shall be informed of the Tree Protection and Inventory Plan and the Tree Protection During Construction requirements.
F. Waiver of Development Standards to Further Heritage Tree Preservation and Protection.
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Trees, the City may allow certain departures from established development standards to assist in their preservation, through the granting of an Administrative Exception pursuant to Section
4.02.020 (Departures from Development Standards) of this Developmen t Code. Allowable exceptions specifically for the furtherance of tree preservation shall be limited to a maximum 15 percent reduction from minimum setback and separation requirements, and maximum 10 percent from off- street parking requirements. The Approving Authority may grant Administrative Exceptions from said setback, separation, and/or parking standards after first finding that:
1. The applicant has investigated alternative site designs and building configurations in strict compliance with the applicable development standards;
2. The tree(s) to be preserved is/are in good health and condition (taking into account species and longevity) as determined by a certified arborist;
3. The project includes a well- integrated and thoughtful design solution that enhances the property and its surroundings;
4. The project would not be injurious to adjacent properties or uses, or detrimental to the environment, quality of life, or the health, safety, and welfare of the public; and
5. The project is consistent with the purposes of the applicable zoning district, planned unit development, or specific plan, the applicable development standards and guidelines, and the Vision, Policy Plan, and City Council Priorities components of The Ontario Plan.
G. Heritage Tree Removal. It is the City 's policy to protect and preserve healthy trees that provide benefits to the community, whenever possible. However, if it is determined through an arborist report, tree evaluation, or other city approved means, that a Heritage tree is dead, hazardous, diseased, or damaged beyond repair, or may pose an emergency or safety concern, the Approving Authority may order removal of the tree.
H. Heritage Tree Pruning. Pruning of any Heritage Tree protected pursuant to this Section shall be performed under the direction of a certified arborist, horticulturalist, or similar qualified licensed professional, following the most recent standards of the International Society of Arboriculture and ANSI A300 standards for tree care operations.
I. Heritage Tree Damage or Tree Removal without City Approval.
1. The damage or removal of a Heritage Tree protected pursuant to this Section, or encroachment into a protected root area or TPA, shall require an evaluation by a City-approved certified arborist as to the resulting condition, prescribed treatment to repair the damage, replacement trees if removed (as prescribed by this Division), and monetary value of the tree if removed or damaged beyond repair. Penalties pursuant to Section 6.05.0 35 (Violation—Penalty) of this Division shall apply.
2. For the purposes of this Subsection, the term "tree removal" shall include any act that causes the actual removal of a Heritage Tree, or the effective removal of a Heritage Tree by means of willful damage; damage resulting from excessive or improper pruning, excavation, or construction; poisoning; or any other dire ct or indirect action resulting in tree death within the 3 - year period following said actions.
J. Heritage Tree Replacement. Healthy Heritage Trees that are approved for removal shall be replaced with new trees and shall be shown on required Landscape and Irrigation Construction 471
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(Rev. 01.16.2024) Page 6.05-10 Ontario Development Code Documentation Plans. Replacement trees shall have a total trunk diameter (caliper) equal to the tree(s) removed, or as deemed appropriate by the Approving Authority based on the lot size and available planting space. Replacement trees shall be in addition to the quantity of trees required by this Division for landscaping. The Approving Authority shall review the landscape plan and approve appropriate species for tree replacement (see Section 6.05.0 45 (Landscape Development Standards) for required trees).
K. Monetary Value. The monetary value of Heritage Trees protected pursuant to this Division, which are removed, shall be based upon the " Guide for Plant Appraisal," which is available from the International Society of Arboriculture. Appraisals shall be performed by a City -approved professional plant appraiser or certified arborist skilled in tree appraisals.
L. Prohibited Acts. It shall be expressly prohibited to damage or to remove any Heritage Tree without prior specific authorization by the Zoning Administrator, except that tree removal specifically approved as a part of a Development Plan or Building Permit approval; Certificate of Appropriateness; pruning or removal to obtain adequate line -of-sight distances as specifically authorized by the City Engineer; pruning or removal as required for public safety as specifically authorized by City representatives; and/or actions taken by a public or private utility company for the protection of their existing electrical power or communication lines, or other property of a public utility.
6.05.025: Heritage Tree Preservation Mitigation Fee
A. Purpose. The purpose of this Section is to establish the Heritage Tree Preservation Mitigation Fee whereby the impacts resulting from the construction or demolition of heritage tree(s) may be mitigated by the collection of fees that will provide a source of funds for the conservation, preservation, restoration, replanting and reforestation of trees within the City.
B. Applicability.
1. A mitigation fee, in an amount established by this Section, shall be paid prior to the issuance of any permit for construction or demolition of any heritage tree(s). The mitigation fee shall be deposited in the Heritage Tree Preservation Trust Fund established pursuant to Section
6.05.030 (Heritage Tree Preservation Trust Fund) of this Division.
2. The mitigation fee shall be based on the Tree Inventory and Preservation Plan pursuant to Section 6.05.020 (Tree Preservation Policy and Protection Measures) of this division.
a. The mitigation fee for Healthy Heritage Trees that are approved for removal shall equal the r eplacement value of the total trunk diameter (caliper) equal to the tree(s) removed, or as deemed appropriate by the Approving Authority based on the Tree Inventory and Preservation Plan. The Approving Authority shall review the Tree Inventory and Preservation Plan and approve the replacement value.
b. The mitigation fee for t he monetary value of Heritage Trees protected pursuant to this Division, which are removed, shall be based upon the " Guide for Plant Appraisal," which is available from the International Society of Arboriculture. Appraisals shall be performed by a City-approved professional plant appraiser or certified arborist skilled in tree appraisals.
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6.05.030: Heritage Tree Preservation Trust Fund
A. Purpose. The purpose of the Heritage Tree Preservation Trust Fund is to provide funding, under direction of the City Council, for the conservation, preservation, restoration, replanting and reforestation within the City.
B. Applicability. The Heritage Tree Preservation Trust Fund is hereby established as means to receive and replenish monies to assist the funding of tree preservation and reforestation projects within the City. All funds deposited in the Heritage Tree Preservation Trust Fund shall be used solely for the conservation, preservation, restoration, replanting and reforestation of the City , as provided in this Section.
C. Trust Fund Administration.
1. The City Manager, or designee of the City Manager, shall have authority for establishing policy for Heritage Tree Preservation Trust Fund expenditures.
2. The City Manager, or designee of the City Manager shall have authority to make recommendations to the City Council regarding any action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Heritage Tree Preservation Trust Fund.
3. The City Manager, or designee of the City Manager, shall serve as financial administrator of the Heritage Tree Preservation Trust Fund and shall be responsible for management of its finances, which shall be carried -out pursuant to all applicable federal, State and local laws.
4. The Planning Director, or designee of the Planning Director, shall serve as program administrator of the Historic Preservation Trust Fund and shall be responsible for its day -to-day management and operations.
D. Heritage Tree Preservation Trust Fund Proceeds.
1. Deposits. All funds received by the City for heritage tree preservation purposes shall be deposited in the Heritage Tree Preservation Trust Fund. The City 's Fiscal Services Department may establish separate accounts within the Trust Fund for the purpose of separating deposits according to their origin or intended purpose.
E. Heritage Tree Preservation Trust Fund Program Activities.
1. Qualifying Program Activities are hereby established for the following:
a. New Tree Plantings. Tree plantings in parkways or city right -of-way shall be per the Street Tree Master Plan or Ontario Ranch Streetscape Master Plan. Tree plantings in public projects such as parks and city facilities shall be determined by the Approving Authority.
b. Reforestation Tree Plantings. Reforestation tree plantings in parkways or city right-of-way shall be per the Street Tree Master Plan or Ontario Ranch Streetscape Master Plan.
Tree plantings in public projects such as parks and city facilities shall be determined by the Approving Authority.
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(Rev. 01.16.2024) Page 6.05-12 Ontario Development Code c. Tree Removal Alternatives and Mitigation Measures. Tree removal alternatives and mitigation measures such as root pruning, flexible paving material, other materials, protection measures, and mitigation measures recommended in the Certified Arborist's report.
d. Acquisition, Planting and Maintenance of Trees. Activities to acquire, plant and maintain existing and proposed heritage trees as determined by the Approving Authority, identified in the Certified Arborist's report.
2. Qualifying Projects that implement Trust Fun d Program Activities are hereby established for the following project types:
a. Capital Improvement Projects (CIP) for New Construction and Rehabilitation Projects. CIP Construction projects allow for activities that contribute to the conservation, preservation, restoration, replanting and reforestation of heritage trees located within public spaces.
(1) Conservation, preservation and restoration of trees within public spaces, such as but not limited to parkways and rights-of-ways. Funds may support public projects and include activities directly contributing to the conservation, preservation, and restoration of existing heritage trees. Activities may include, but are not limited to, the installation of alternate sidewalk materials, meandering sidewalks, and any reports and analyses prepar ed by a certified arborist that identify protection measures that will contribute to extending the life and viability of existing heritage trees.
(2) Replanting and reforestation of trees within public spaces, such as but not limited to parkways and rights -of-ways. Any replanting or reforestation efforts must be identified in the certified arborist report and include circumstances that warrant tree remo val.
Such conditions that warrant the removal of heritage tree(s) may include tree(s) that are dead, hazardous, diseased, or damaged beyond repair, or may pose an emergency or safety concern relating to the health, safety, and welfare of the public. Funds shall be used to support the overall project and include activities directly contributing to the replanting and reforestation of trees where a certified arborist has recommended the removal of a heritage tree(s). Activities may include, but are not limited to, intermittent planting strategies and new tree plantings, as well as warranty and maintenance efforts that support the establishment and longevity of new tree plantings, such as tree staking, irrigation measures and other construction activities to support the viability of newly planted trees.
b. Public Works Projects for New Construction and Rehabilitation Projects.
Public Works Construction projects that allow for activities that directly contribute to the conservation, preservation, restoration, replanting, and reforestation of heritage trees located within public spaces.
(1) Conservation, preservation and restoration of trees within public spaces, such as but not limited to public parks, parkways, rights -of-ways and city facilities. Funds may support public projects and include activities directly contributing to the conservat ion, preservation, and restoration of existing heritage trees. Activities may include, but are not limited to, the installation of alternate sidewalk materials, meandering sidewalks, and any reports and analyses prepared by a certified arborist that identify protection measures that will contribute to extending the life and viability of existing heritage trees.
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Ontario Development Code Page 6.05-13 (Rev. 01.16.2024) (2) Replanting and reforestation of trees within public spaces, such as but not limited to public parks, parkways, rights -of-ways, and city facilities. Any replanting or reforestation efforts must be identified in the certified arborist report and include circ umstances that warrant tree removal. Such conditions that warrant the removal of heritage tree(s) may include tree(s) that are dead, hazardous, diseased, or damaged beyond repair, or may pose an emergency or safety concern relating to the health, safety, and welfare of the public. Funds shall be used to support the overall project and include activities directly contributing to the replanting and reforestation where a certified arborist has recommended the removal of a heritage tree(s).
Activities may include but are not limited to, intermittent planting strategies and new tree plantings as well as warranty and maintenance efforts that support the establishment and longevity of new tree plantings such as tree staking, irrigation measures and other construction activities to support the viability of newly planted trees.
c. Planning Projects. Studies and reports that analyze existing conditions and make recommendations on conservation and preservation of heritage trees and reforestation treatments; and
d. Community Outreach . Outreach campaigns consist of the creation of education material and media to raise awareness of tree preservation benefits.
3. Project Selection Criteria . The award of Heritage Tree Preservation Funds shall be based upon consideration of the following criteria:
a. Level of significance of the heritage tree(s) impacted.
b. Overall benefit to the community; and
c. Ability to ensure the longevity of the health of the trees and features through warranty and maintenance.
6.05.035: Violation-Penalty
A. Violation. Any violation of this chapter shall be a misdemeanor or infraction at the discretion of the City Attorney or District Attorney.
B. Civil Penalties. Irrespective of, and cumulative to, any criminal conviction for a violation of this Division, the City may, pursuant to GC Section 36901, impose a civil penalty in an amount not exceeding $1,000, or by imprisonment not to exceed 6 months, or both such fine and imprisonment on any person either through an administrative hearing or a civil action brought either by the City Attorney or a designated employee of the City. Each tree removed in violation of this Division shall constitute a separate offense.
C. Restitution for Damage or Removal of Protected Trees within the City. Irrespective of whether the City pursues criminal and/or civil action under this Division, nothing in this Division shall prevent the City from seeking restitution for damage or removal of trees within the City, which are protected by this Division, as an alternative to criminal action and/or civil action to recover a civil penalty in accordance with Subsection B of this Section.
D. Assessment of Civil Penalties. Civil penalties may be assessed against a responsible party as confirmed by resolution of the City Council, and shall constitute a special assessment against the property to which it relates and after its recording, as thus made and confirmed, the same 475
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(Rev. 01.16.2024) Page 6.05-14 Ontario Development Code shall constitute a lien on the property in the amount of such assessment. The notices of such special assessment shall be provided to the responsible party by certified mail, as determined from the County Assessor's or County Recorder 's records. The assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure as provided for ordinary City taxes. All laws applicable to the levy , collection and enforcement of City taxes shall be applicable to the special assessment.
E. Appeals.
1. Within 10 days after mailing of a Notice of Violation, which states the civil penalties to be assessed, the owner or person having charge of affected premises may file an appeal of the assessed civil penalties and the violations upon which the civil penalties are based, with the Planning Department, on a City application form.
2. Within 45 days following receipt of an appeal request, the City Manager shall hold a hearing, which shall be open to the public. The City Manager shall hear and consider objections and/or protests from any owner or person having charge of affected premises, or other interested persons relative to the accrual of civil penalties, and shall hear and receive all relevant evidence and testimony relative to the violations upon which the civil penalties are based, and shall consider all of the related facts.
3. Upon conclusion of the appeal hearing, the City Manager shall determine the amount of civil penalties to be assessed. The decision of the City Manager shall be final and conclusive.
F. Penalties collected resulting from enforcement of this section shall be placed in the general fund and used solely for the purposes of the City to ensure and maintain the character and well-being of the City.
6.05.040: Required Landscape Areas
A. Residential Projects. Residential development projects shall be landscaped and irrigated as follows:
1. Conventional and Small Lot Single-Family Projects.
a. The front yard and any street side yard of a conventional or small lot single- family project site, and all parkway areas that abut the site, shall be fully landscaped and provided with an underground automatic irrigation system, and shall be maintained in compliance with the requirements of this Division.
b. A landscape and irrigation documentation plan shall be submitted for review and approval by the Approving Authority prior to building permit issuance, pursuant to Subsection 6.05.015.B (Landscape and Irrigation Construction Documentation Plans) of this Division.
2. Cluster Single-Family and Multiple-Family Projects.
a. The entirety of a cluster single-family or multiple-family project site, including street parkway and median areas that abut the project site, which is not otherwise devoted to 476
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Ontario Development Code Page 6.05-15 (Rev. 01.16.2024) building area and paving, shall be fully landscaped and provided with an underground automatic irrigation system, and shall be maintained in compliance with the requirements of this Division.
b. A landscape and irrigation documentation plan shall be submitted for review and approval by the Approving Authority prior to building permit issuance, pursuant to Subsection 6.05.015.B (Landscape and Irrigation Construction Documentation Plans) of this Division.
B. Nonresidential Projects. Nonresidential development projects shall be landscaped and irrigated as follows:
1. The entirety of a nonresidential project site (excluding areas devoted to building area, paving, and/or outdoor loading and storage areas that are screened from public view), including street parkway and median areas that abut the project site, shall be fully landscaped, provided with an underground automatic irrigation system, and maintained in compliance with the requirements of this Division.
2. A landscape and irrigation construction documentation plan shall be submitted for review and approval by the Approving Authority prior to building permit issuance, pursuant to Subsection 6.05.015.B (Landscape and Irrigation Construction Documentation Plans ) of this Division.
C. All Unused Areas of a Site shall be Landscaped and Irrigated.
1. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped and provided with an automatic irrigation system, unless it is determined by the Approving Authority that landscaping is not necessary to fulfill the purposes of this Division. This requirement shall not apply to the side or rear yard area of a single - family residence, or that portion of a lot devoted to a legally established agricultural use.
2. The Approving Authority shall determine the level or intensity of landscaping to be provided for vacant pad sites, based upon an approved phasing plan.
D. Landscaping of Off-Street Parking Facilities. Outdoor off-street parking lots within residential developments, or within nonresidential developments that are visible from a public or private street, or are accessible by the public, shall be landscaped in the following manner:
1. At least 7 percent of the total area of a parking lot shall be landscaped, excluding perimeter landscaping or setback areas that may be required by the base zoning district.
2. Landscaping consistent with the landscape setback provisions of the base zoning district in which a parking lot is located, shall be provided adjacent to adjoining streets.
3. Landscaping shall be evenly distributed throughout the parking lot and shall not be concentrated in any one area.
4. No landscaped area is to have a dimension smaller than 5 FT clear in any direction, except as provided elsewhere by this Development Code.
5. Where parking lots occur along streets, a landscaped buffer element, minimum 10 FT in width, shall be constructed, which consists of a minimum 3 -FT high hedge -like material to 477
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(Rev. 01.16.2024) Page 6.05-16 Ontario Development Code screen views of parked cars from the street. To shade pedestrians and create an attractive streetscape, shade trees shall be planted within this landscaped buffer at an average spacing of 25 to 30 FT on center. Landscaping may be combined with low walls or dense plant material to mitigate the visual effects of parking lots and loading areas.
6. There shall be provided within each row of parking spaces, planter islands at least 5 FT in width (exclusive of curbs), which extend the full length of the abutting parking space(s), located so as to prevent no more than 10 vehicles from being parked side -by-side in an abutting configuration.
7. Planter islands for a single row of parking spaces shall be landscaped with at least one tree, appropriate shrubs, and groundcover. Planter islands for a double row of parking spaces shall contain not less than 2 trees, and appropriate shrubs and groundcover.
8. Throughout parking lots tree wells, tree diamonds or center planter strips shall be provided to facilitate the planting of shade trees at the minimum rate of one tree for each 4 parking spaces. Tree wells shall be a minimum of 5 FT in width and 5 FT in length (exclusive of curbs).
9. Shade trees shall have a minimum canopy of 30 FT in diameter at maturity, to provide an aesthetically pleasing area and relief from summer heat.
10. All rows of parking spaces shall be provided with landscape islands at each row terminus, at least 5 FT in width (exclusive of curbs) and extending the full length of the adjacent parking spaces, to protect parked vehicles, ensure visibility, confine movin g traffic to drive aisles and driveways, and provide adequate space for landscaping.
11. Landscaped areas shall be delineated with a 6 -inch wide concrete curb, except where a landscape area is parallel and adjacent to a parking stall, the curb shall be a minimum of 12-inches wide, to provide a step area for persons entering or exiting motor vehicles.
6.05.045: Landscape Development Standards
Landscaping required by this Division shall be designed, installed, and maintained in compliance with the following:
A. Landscape Design Standards. Landscaped areas shall comply with each of the following:
1. Landscaped areas shall have a minimum dimension of 5 FT (exclusive of curbs), excepting vine pockets, which shall have a minimum dimension of 1.5 FT, or as otherwise prescribed by this Development Code.
2. All landscaped areas shall be bordered by a concrete or masonry curb, or other means acceptable to the City, to prevent vehicles from entering landscape areas, and to define maintenance responsibilities or property ownership. Curbs along pavement may have openings to allow water infiltration into landscape areas.
3. Landscaped areas shall be comprised of living plant materials, planted at a spacing no greater than the mature plant diameter. Non -living ornamental features (e.g., boulders, dry stream beds, gravel, etc.) may comprise a maximum of 5 percent of a landscape d area and shall be of a permeable material.
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Ontario Development Code Page 6.05-17 (Rev. 01.16.2024)
4. All areas of a parkway that are not devoted to sidewalks shall be landscaped, irrigated, and permanently maintained pursuant to City standards.
5. All utilities shall be shown on plans to facilitate the landscape design and tree placement. Utilities such as backflow devices and transformers shall be located a minimum of 5 FT away from paving or other utilities to allow for landscape screening to cover at least 75 percent of the height of the equipment.
6. Accent landscape is required on all commercial or industrial corners including vehicular entries and major corner intersections. Accent trees shall be minimum 36 -inch box size and palms shall be minimum 17-FT brown trunk height.
7. Foundation planting adjacent to buildings (hedgerows or shrub masses in a hierarchy pattern) is required at major building perimeters and residential front yards to break horizontal ground plane from the vertical plane of building.
8. Shade trees with irrigation shall be located in all appropriate areas where space permits to reduce the impacts of heat gain by shading large areas of paving, building walls, roof and windows also enhancing stormwater management and improving water quality .
9. Shade trees shall have a minimum canopy of 30 FT in diameter at maturity to provide an aesthetically pleasing area and relief from summer heat.
10. Trash enclosures shall be designed with adjacent planters for trees shrubs and vines for screening.
11. Accent landscape at monument signs shall be a hierarchy of ornamental shrubs or perennials.
B. Planting Requirements.
1. A variety of plant material appropriate for the project may be selected for planting, provided the ETWU for the landscape area does not exceed the MAWA (see Paragraph B.3.c (Calculation of the Budget Comparison) of this Division). The landscape plan shall be designed for the intended function of the project and for the efficient use of water, and shall include the following:
a. Protection and promotion of appropriate native species;
b. Selection of water conserving plant species; and
c. Selection of trees for shading buildings and paved surfaces and for stormwater management.
2. Plants shall be selected and appropriately planted based upon their adaptability to the climatic, geologic, and topographical conditions of the project site.
a. The Sunset Western Climate Zone System should be utilized, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
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(Rev. 01.16.2024) Page 6.05-18 Ontario Development Code b. Recognize the growth habit of plant types, such as mature plant size and invasiveness of surface roots, to minimize damage to property and infrastructure (e.g., buildings, sidewalks, power lines);
c. Disease and pest resistant plants should be used, to promote health and longevity;
d. Consider the solar orientation for tree placement to maximize summer shade and winter solar gain;
e. Plants with similar water needs and climatic requirements shall be grouped together and irrigated separately;
f. Graded but undeveloped areas within the project site shall be seeded with wildflower or ornamental grass mix and automatically irrigated to prevent soil erosion from rain and strong winds;
g. Avoid use of invasive species that have a negative effect upon public health or disrupt or destroy native ecosystems as identified by the California Invasive Species List ; and
h. Additional planting requirements of a Specific Plan may be required based upon the project location.
3. Limit the use or quantity used of turf except where used for play or recreation.
C. Irrigation Requirements
1. The irrigation system and its related components shall be designed to be efficient and effective for the landscape proposed with no run-off or overspray.
2. Irrigation plans shall include a water budget with Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU) calculations shown pursuant to Paragraph 6.05.015.B.3 (Water Budget Worksheet) of this Division. The ETWU shall not exceed the MAWA.
3. Automatic irrigation controllers utilizing either evapotranspiration or moisture sensor data are required. A verification letter from the manufacturer certifying proper installation and sensor connection shall be provided prior to acceptance of the project.
4. Irrigation systems shall be designed with like plant material grouped together and proper solar orientation. Turf shall be on separate valves from shrub areas. Landscape areas in the shade (north or east sides of buildings) shall be controlled separately f rom areas in the sun (south or west).
5. Provide on plans all equipment required, sizes, notes and details, include water meter (note potable or recycled), static pressure, and maximum GPM. Contact the City 's Utilities Department for City main pressure. Pressure regulating or boosting devices shall be installed to meet the pressure requirements of the system.
6. Backflow devices are required. Non–residential backflow devices shall be painted green and protected in a locking enclosure.
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Ontario Development Code Page 6.05-19 (Rev. 01.16.2024)
7. Spacing design for irrigation heads shall achieve 100 percent coverage, (head to head). Allow for wind velocities. Spacing shall achieve the highest possible distribution uniformity using the manufacturer's recommendations.
8. Narrow or irregularly shaped areas including turf, less than 8 FT in any direction shall be irrigated with subsurface irrigation or a low volume irrigation system. Low precipitation heads, rotators or drip systems shall be used in general to reduce water use and overspray.
9. Add check valves or anti-drain valves to prevent low head drainage.
10. Locate spray heads 2 FT from non-pervious paving to prevent overspray. Exception allowed if adjacent surface is permeable or if using alternative technology irrigation. Low precipitation rate heads less than 0.75 inches per hour may be located one FT from paving.
11. Trees in turf, 36-inch box and larger size trees in any area, and all palm trees, shall have pop-up stream bubbler heads. Trees in tree wells or permeable paving may use bubblers in a maximum 1.5 FT deep perforated root watering tube. Tree irrigation shall be on a separate valve, minimum 2 heads per tree.
12. Size all irrigation main lines and laterals on the plan, minimum 3/4 inch.
13. Under landscape, mainlines shall be buried with 1.5 FT minimum cover, laterals one FT minimum cover.
14. Under paving mainlines shall be buried with 2 FT minimum cover; lateral lines 1.5 FT minimum cover.
15. Pipe under roadways shall be installed 3 FT deep, sleeved and identified with marking tape installed one FT from the surface, identifying the type of line with APWA standard "Caution Waterline Buried Below" in blue, or "Caution Recycled Waterline Buried Below" in purple.
Sleeves shall be Schedule 40 PVC, minimum 2 times the diameter of the pipe being sleeved.
16. Automatic Controllers shall contain a neatly drawn laminated irrigation layout chart, color coded to identify stations and valves as -built. Central controller shall include a manufacturer support page. Locate pedestals within planter areas with a 1.5 FT pa d of DG or mulch at front for access.
17. An irrigation schedule shall be on the plan and layout chart noting irrigation cycles and run times per station or plant type (turf, shrub, trees, sun areas, shade areas, etc.) monthly or seasonally. Add multiple start times to prevent run off. Watering sh all occur between 6:00PM and 6:00AM, excepting drip irrigation.
D. Soil Testing. Agronomical soil testing shall be performed to encourage healthy plant growth and reduce run off. One test shall be performed for each street frontage, or as otherwise required by the Approving Authority. Soil analysis shall include soil texture, infiltration rate, pH, total soluble salts, sodium, percent organic matter, and recommendations for amendments based upon the proposed plant material and tree types. Soil test results and recommendations for amendments shall be listed on the Landscape Planting Plan required pursuant to Paragraph
6.05.015.B.5 (Landscape Planting Plan) of this Division, noting the name, address, telephone number of the City-approved soils testing laboratory, and the test date.
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(Rev. 01.16.2024) Page 6.05-20 Ontario Development Code E. Trees. Within required landscape areas, as prescribed by Section 6.05.0 40 Required Landscape Areas) of this Division, trees shall be provided as follows:
1. For cluster single -family or multiple -family residential development projects, and nonresidential development projects, a mix of tree sizes shall be provided on -site, for each development project, as prescribed in Table 6.05 -1 (Minimum Tree Size Mix), below. Palm trees shall not be counted toward the minimum mix of required trees.
Table 6.05-1: Minimum Tree Size Mix
Requires Tree Sizes Minimum Mix of Required Trees
48-inch box 5%
36-inch box 10%
24-inch box 30%
15-gallon 55%
2. For cluster single -family or multiple -family residential development projects, and nonresidential development projects, a mix of tree species shall be provided for each development project, as prescribed by Table 6.05 -2 (Minimum Tree Species Mix), below. A minimum of 20 percent of the total number of trees provided shall be a California native species appropriate for the project site. Palm trees shall not be counted toward the minimum number of tree species required.
Table 6.05-2: Minimum Tree Species Mix
Number of Trees Provided Minimum Number of Tree Species Required 20 or fewer 3
21 to 30 4
31 to 40 5
More than 40 6
3. All trees required by this Division shall conform to the minimum measurements prescribed by Table 6.05-3 (Minimum Tree Size Specifications), below.
Table 6.05-3: Minimum Tree Size Specifications
Tree Size Minimum Trunk Caliper Minimum Height Range Minimum Spread Range 48-inch box 3.5 inches 14 to 16 FT 7 to 8 FT
36-inch box 2.5 inches 12 to 14 FT 6 to 7 FT
24-inch box 1.5 inches 9 to 11 FT 4 to 5 FT
15-gallon 1.0 inch 7 to 8 FT 2 to 3 FT
Palm trees 17-FT brown trunk height
4. Existing trees shall be protected in place, whenever possible, pursuant to Section
6.05.020 (Tree Preservation Policy and Protection Measures) of this Division. Existing large canopy trees may be counted toward the 48- inch box tree requirement prescribed by Paragraph E.1. of this Section, provided the tree(s) to be preserved is/are in good health and condition (taking into account species and longevity), as determined by a certified arborist's report.
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5. Tree planting shall maintain the following minimum setbacks and/or separations from permanent improvements as prescribed by Table 6.05 -4 (Minimum Tree Setbacks/Separations), below.
Table 6.05-4: Minimum Tree Setbacks/Separations
Improvement Minimum Setback/Separation
Beginning of Curb Returns at Street Intersections 25 FT Light Standards, Power Poles, and Fire Hydrants 10 FT
Water and Sewer Lines 7 FT
Sidewalks (except within parkways), Driveways, and
Buildings
5 FT
6. Trees shall not be placed where they interfere with site drainage or require frequent pruning in order to avoid interference with overhead utilities.
7. Shade trees shall have a mature canopy diameter of 30 FT, single dominant leader or a balanced arrangement of branches, and a healthy root system not girdled by the growing container.
8. Street trees shall be minimum 24 -inch box or larger and shall be planted at an average spacing of 25 FT to 30 FT on center, except where necessary to meet the minimum tree setback/separations required by Table 6.05 -4 (Minimum Tree Setbacks/Separations) of this Section.
9. Trees shall be planted with a visible trunk flare and rootball that is 2 inches higher than the adjacent grade. No soil shall be placed on top of the rootball, and mulch shall be maintained 6 inches clear of the trunk. Trees with kinked or girdling roots s hall be rejected before installation or replaced if planted.
10. Root barriers shall not be required for use in parkways or City maintained areas; however, if used, they shall be a maximum of one FT in depth and shall not encircle the tree rootball. Furthermore, if the tree trunk is within 5 FT of paved areas, root barriers, if used, shall run adjacent and parallel to the pavement.
11. Palm trees may be used as accents, with a minimum brown trunk height of 17 FT, and shall not count toward the minimum tree species mix required pursuant to Table 6.05 -2 (Minimum Tree Species Mix) of this Division.
12. Trees shall be staked or guyed to prevent wind damage and allow healthy growth.
Ties shall be flexible, allowing some trunk movement while providing protection from damage.
13. Parking lot lighting and site utilities shall be designed to avoid conflict with required shade tree locations.
14. Solar collectors shall be designed and located to avoid conflict with tree canopy and future shading from the mature size of trees, as defined by the PRC Section 25980 through Section 25986 (The Solar Shade Act).
F. Tree Staking and Tying. Trees shall be staked and tied as follows:
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(Rev. 01.16.2024) Page 6.05-22 Ontario Development Code
1. Fifteen gallon and 24 -inch box trees shall be double -staked perpendicular to the prevailing wind, or parallel to the street, as appropriate. Stakes shall be located to prevent branch damage and shall extend a minimum of 7 to 8 FT above grade and 3 to 4 FT below grade. Stakes shall be tied into the tree canopy for wind protection. Galvanized stakes are recommended for wind prone areas.
2. Box trees that are 36-inches or larger, shall be rootball guyed or anchored.
3. Flexible tree ties shall be used. Wire and hose, or metal rod -type braces shall not be used. Nursery stakes shall be removed at time of installation or loosened if they are to remain during the maintenance period and shall be removed by the end of maintenance period.
G. Shrubs. Within required landscape areas, as prescribed by Section 6.05.0 40 Required Landscape Areas) of this Division, shrubs shall be a minimum 5 -gallon container size and shall be spaced at a rate equal to three-fourths of the shrub's mature size. One-gallon containers may be used for perennials and groundcovers.
H. Groundcovers. Within required landscape areas, as prescribed by Section 6.05.0 40 Required Landscape Areas) of this Division, one-gallon containers shall be used for groundcover areas. Perennials or annual color shall be spaced at a maximum of 8 inches on center.
1. Turf. Turf grass is typically a high water use plant and is best reserved for recreation and active play areas. Low water groundcovers or native or warm season turf grasses may be used in traditional turf areas, such as parkways or front yards. Concrete mow st rips shall be used to separate turf from landscape areas, excepting single -family residential development projects, which may utilize wood or fabricated benderboard materials.
2. Mulch. Mulch shall be applied and maintained in all non-turf areas and shall be at least 3 inches in depth in shrub areas and at least one-inch in depth in groundcover areas. Mulch shall be of an organic material, such as shredded or chipped bark, as it will supply nutrients to the soil and plants over time. Native plants shall have mulch applie d that is appropriate for the type of landscape. Synthetic mulch materials shall not be used.
I. Screening and Buffering.
1. Landscaping may be used to aid in the screening and buffering of mechanical equipment, trash collection areas, and loading docks and outside storage areas from public view, and the screening and buffering of differing land uses. Walls and/or fences used for screening and buffering purposes should incorporate landscaping over at least 60 percent of its surface area, which will serve to both buffer uses and "soften" the appearance of masonry walls.
2. Utility boxes and vaults shall be located away from entry driveways, corner accent landscapes and other highly visible areas, and shall be screened with a variety of landscape materials.
J. Defining of On -Site Circulation. Landscaping shall be used to define circulation patterns for safety and ease of use.
1. Landscaping shall be used to direct on -site vehicular and pedestrian circulation routes by providing clear direction, barrier planting (such as hedges), and accent planting, to define site entrances and pedestrian pathways.
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2. Landscaping shall be designed to facilitate pedestrian circulation and access to buildings and shall be designed to buffer pedestrians from vehicular traffic, as well as to emphasize walkways.
3. Landscaping shall be designed to further pedestrian safety. Where provided, walkways shall have adequate width and be separated from parking lots, loading areas, and buildings (excepting building entries), with a landscape buffer. Furthermore, trees shall be planted along walkways to create shade and comfortable environments.
K. Grading Design and Stormwater Management.
1. Grading shall be designed to minimize soil erosion, water run -off or water waste, and increase on-site retention and infiltration. Grading shall ensure all irrigation and normal rainfall remains on-site and does not drain onto impermeable surfaces. Landscape areas shall be graded to be 1.5 inches below the grade of the adjacent finished surface.
2. Landscape plans shall include stormwater collection methods or devices that direct water into depressed landscape areas, such as vegetated swales, detention basins or infiltration areas. These areas shall incorporate proper plant materials and irrigation f or success in saturated soils, drought conditions and to withstand possible erosion from the hydraulic impacts of stormwater collection. Manufactured drywells, pervious pavement, or storage chambers may also be used for stormwater infiltration.
3. Stormwater collection in landscape areas shall be designed with a natural appearance, utilizing curvilinear forms, native plants, varying sizes of boulders or river rock, and maximum 3:1 slope.
4. On-site landscape areas for stormwater management may utilize vegetated swales but shall not exceed 40 percent of the landscaped area width.
5. Landscaped slopes 3:1 or greater shall incorporate rolled erosion control products and landscape appropriate for slopes. Slopes shall be irrigated by a system with a low precipitation rate of 0.75 inches per hour or less. Turf is not allowed on slopes greater than 4:1, or where the toe of the slope is adjacent to an impermeable hardscape.
6. Compaction during site grading shall not occur within landscape areas.
Compacted soils shall be repaired by deep tilling, or as directed by the soil analysis prescribed by Subsection D (Soil Testing) of this Section.
7. Vegetated swales, basins and sloped grades for stormwater management shall incorporate a level area adjacent to paved edges, at least 3 FT to 5 FT in width, to allow utilities, such as backflow devices, to be located on level ground, and to serve as a buff er from sloped edges for pedestrian safety purposes.
L. Decorative Water Features. Decorative water features shall be properly maintained to operate and function to meet the intent of the design. Furthermore, decorative water features shall incorporate recirculating water systems, and shall use recycled water, where available, excluding swimming pools and spas.
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6.05.050: Landscape Maintenance
A. Landscape Maintenance Required. Where a Landscape and Irrigation Documentation Plan is required pursuant to Subsection 6.05.015.B (Landscape and Irrigation Documentation Plans) of this Division, all installed landscaping shall be permanently maintained as prescribed by this Section.
1. Once installed, no landscaping shall be removed unless replaced with landscaping of a similar design, character, and coverage, at maturity.
2. Trees shall be monitored, staking inspected, and branches pruned, if necessary, pursuant to Section 6.05.020 (Tree Preservation Policy and Protection Measures) of this Division, to direct new growth, and to avoid conflict with vehicles, pedestrians, lighting, or buildings. Stakes and ties shall be removed upon establishment, typically 2 years after planting.
3. Once installed, no landscaping shall be allowed to die -off. The replacement of dead or dying landscape materials shall occur in a timely manner, or immediately upon notification by the City, as prescribed by Division 6.10 (Property Appearance and Maintenan ce) of this Development Code.
4. Irrigation systems shall be maintained to prevent water waste. Broken or inefficient irrigation shall be repaired, replaced, or modified to prevent runoff from leaving the target landscape due to low head drainage, overspray, or other similar condition where water flows onto adjacent property, non-irrigated areas, walkways, roadways, parking lots or structures, unless the nonpermeable surfaces are designed and constructed to drain entirely to landscaping.
B. Landscape Maintenance Defined. On-going landscape maintenance shall consist of the following:
1. Regular watering;
2. Monitoring and treating for pests, disease, or injury;
3. Regular mowing, pruning, and the removal and replacement of dead or dying plants;
4. Regular fertilizing;
5. Clearing of debris and providing weed control;
6. Repair and/or timely replacement of irrigation systems, and components thereof;
7. Repair and/or timely replacement of integrated architectural features; and
8. Any other similar act(s) that promotes growth, health, beauty, and the life of plants, shrubs, trees, and/or groundcover/turf.
6.05.055: Landscape Design and Construction Guidelines
A. The City Council shall establish by resolution, Landscape Design and Construction Guidelines (Development Code Reference G), which are intended as a reference to assist design 486
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B. The Landscape Design and Construction Guidelines (Development Code Reference G) shall compliment the mandatory landscaping regulations contained in this Division, by providing examples of potential design solutions, and by providing interpretations of the various mandatory landscaping regulations contained in this Division.
C. The Landscape Design and Construction Guidelines (Development Code Reference G) authorized by this Section, shall be enforceable in the same manner, and to the same extent, as any other applicable requirement of this Development Code.
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Division 6.06—Street Naming and Street Address Numbering
Sections:
6.06.000: Purpose
6.06.005: Applicability
6.06.010: Assignment of Street Names and Street Address Numbers
6.06.015: Street-Naming
6.06.020: Street Address Numbering
6.06.000: Purpose
The purpose of this division is to establish policies for the naming of public and private streets and alleyways, and the address numbering of lots, parcels, dwelling units, places of businesses, and public buildings located along public and/or private streets within the City.
6.06.005: Applicability
A. The naming of any new public or private street or alleyway within the City and any request to change the previously established name of a public or private street or alley within the City shall be accomplished pursuant to the Street Naming Policy established by this division.
B. A street address number shall be assigned to a lot, parcel, dwelling unit, place of business and/or public building located along a public and/or private street within the City pursuant to the Street Address Numbering Policy established by this division.
6.06.010: Assignment of Street Names and Street Address Numbers
A. Assignment of Street Names. The Planning Director shall be responsible for the assignment of street names, and shall, upon recommendation of the Building Official, City Engineer, Fire Chief, and Police Chief, assign street names as established by Section 6.06.015 (Street Naming) of this Division.
B. Assignment of Street Addresses. The Building Official shall be responsible for the assignment of street addresses and shall assign street addresses as established by Section 6.06.020 (Street Address Numbering) of this Division.
6.06.015: Street Naming
A. Naming of Streets. S treet names should be assigned based upon one of the following criteria:
1. Presidents of the United States;
2. States of the United States;
3. Cities of the United States;
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4. California counties;
5. Names of famous local, state, and national personalities who are deceased;
6. Names of culturally significant historic places and events;
7. Famous fictitious names;
8. Names of astrological constellations;
9. Colleges;
10. Colors;
11. Precious metals;
12. Rocks;
13. Trees, shrubs and flowers;
14. Fruits and nuts;
15. Armstrong registered roses; or
16. Others, as approved by the Planning Director.
B. Street Name Prefix. All street names shall be assigned a prefix based upon its direction and location in the City, as follows:
1. Each street that generally runs in a north -south direction, and is located north of Holt Boulevard, shall be assigned "North" as its street name prefix.
2. Each street that generally runs in a north -south direction, and is located south of Holt Boulevard, shall be assigned "South" as its street name prefix.
3. Each street that generally runs in an east -west direction, and is located east of Euclid Avenue, shall be assigned "East" as its street name prefix.
4. Each street that generally runs in an east -west direction, and is located west of Euclid Avenue, shall be assigned "West" as its street name prefix.
C. Street Name Suffix. All street names shall be assigned a suffix based upon its direction and design, as follows (excepting subregional thoroughfares, such as Holt and Mission Boulevards):
1. Each through street that generally runs in a north-south direction shall be assigned "Avenue" as its street name suffix.
2. Each through street that generally runs in an east -west direction shall be assigned "Street" as its street name suffix.
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3. Each portion of a through street that changes direction, and generally runs in a north-south direction, shall be assigned "Way," "Parkway," or "Trail," as its street name suffix.
4. Each portion of a through street that changes direction, and generally runs in an east-west direction, shall be assigned "Road," "Drive," or "Lane," as its street name suffix.
5. Each cul-de-sac in which the centerline generally points in a north -south direction at its termination point shall be assigned "Place" as its street name suffix.
6. Each cul-de-sac in which the centerline generally points in an east -west direction at its termination point shall be assigned "Court" as its street name suffix.
7. Each circling street shall be assigned "Circle" as its street name suffix.
8. Each looping street shall be assigned "Loop" as its street name suffix.
D. Naming of Private Streets and Drives. The name of a private street or drive shall be determined pursuant to Subsection A (Naming of Streets) of this Section. In addition, each private street (or a private drive, if deemed necessary or desirable by the Planning Director) shall be assigned a "Privado" or "Paseo" street name suffix to identify that the street is privately owned and maintained.
E. Naming of Alleys. Alleys shall only be named if all the following criteria are met:
1. The alley leads to a landlocked parcel with frontage only onto an alley (no street frontage).
2. The structure(s) on the property are designated as a local historic landmark.
3. The naming will not adversely affect any other landlocked parcel.
6.06.020: Street Address Numbering
A. Assignment of Street Addresses. Street addresses shall be assigned based upon the following numbering system:
1. Euclid Avenue is hereby designated as the north -south street address -numbering axis and Holt Boulevard is hereby designated as the east -west street address-numbering axis. All streets that run in a general north -south direction shall be numbered from Holt Boulevard, consecutively, to the City limits. All streets that run in a general east -west direction shall be numbered from Euclid Avenue, consecutively, to corporate limits.
2. The numbering system shall begin at 100 and extend from each axis point.
Wherever possible, succeeding blocks shall be assigned addresses in intervals of 100. Block length shall be determined by the next street succeeding street intersection, or at 660 FT intervals when no street intersection exists, with one whole street number assigned for each 20 lineal FT of street frontage.
3. On north-south running streets, north of Holt Boulevard, odd address numbers shall be assigned to the west side of the street and even address numbers to the east side of the street. 491
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South of Holt Boulevard, odd address numbers shall be assigned to the east side of the street and even address numbers to the west side of the street.
4. On east-west running streets, east of Euclid Avenue, odd address numbers shall be assigned to the north side of the street and even address numbers to the south side of the street.
West of Euclid Avenue, odd address numbers shall be assigned to the south side of the street and even address numbers to the north side of the street.
5. A new street having the design of a circle or loop shall bear one given name along its entire length and shall have a street address numbering system as follows:
a. Where the entrance to the circle or loop is from an adjacent east -west running street, the address numbering shall conform to that used on the north -south streets;
b. Where the entrance to the circle or loop is from an adjacent north -south running street, the address numbering shall conform to that use on the east -west streets.
B. Posting of Street Address Numbers. The owner, occupant or person in charge of any house or building to which a number has been assigned shall be responsible for posting assigned street address numbers pursuant to the following specifications:
1. Principal buildings shall display the address number on the side where the front entrance is located. A principal building occupied by more than one business or dwelling unit shall display the assigned number at the front entrance of each tenant or dwellin g unit. In addition, commercial and industrial buildings shall display the assigned numbers at rear and side entrances facing a public alley or access drive.
2. A lot or development site having more than one building shall be assigned an address number in a manner determined by the Building Official. Commercial and industrial buildings shall display a directory at the main entrance to the site.
3. Street address numbers shall be posted so as to be conspicuously visible from the street or road fronting the property. The actual location and size of the numbers shall be approved by the Building Official, subject to the following guidelines:
a. Each individual digit stroke shall be a minimum of one inch wide;
b. Street address numerals located less than 50 FT from the street curb face shall be a minimum of 4 inches in height. Address numerals located from 50 to 100 FT from the street curb face shall be a minimum of 8 inches in height. Address numerals located more than 100 FT from the street curb face shall be a minimum of 12 inches in height ; and
c. Street address numerals that are not visible from the street due to setback distance or would otherwise be obstructed may be posted on a freestanding structure having a maximum height of 3.5 FT and maximum area of 4 SF.
4. Street address numerals and the background to which they are affixed shall be of contrasting colors or shades and shall be of reflective material for nighttime visibility. Samples of the materials shall be submitted to and approved by the Building Official.
C. Street Address Number Required for Building Permit Issuance. No building permit shall be issued for any principal building until the owner or owner 's agent has obtained the official street 492
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address number of the premises from the Building Official. Final approval for a certificate of occupancy of any principal building erected, repaired or expanded shall be withheld until permanent and proper street address numbers have been displayed pursuan t to this division.
D. Posting of Rooftop Address Numbers. Street addresses, suite/unit numbers and letters shall be displayed on rooftops as follows:
1. Street address numbers shall be displayed on rooftops of all multiple unit residential, commercial and industrial buildings. The numbers shall face the street corresponding to the address. Numerals shall be 3 FT long by one FT wide and shall be painted in reflective white paint on a flat black painted background.
2. Any other buildings may display secondary street address numbers on rooftops in coordination with the Police Department. Numerals shall be 3 FT long by 5 inches wide and shall be painted in reflective white paint on a flat black painted background.
3. Roof top street address numbers should not be visible from the street.
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Division 6.07—Reserved
**********Reserved for Future Use**********
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Division 6.08—Development Projects and Subdivisions
Sections:
6.08.000: Purpose
6.08.005: Applicability
6.08.010: Maps
6.08.015: Subdivision and Development Project Design
6.08.020: Monuments
6.08.025: Reports
6.08.030: Park Dedication and In-Lieu Fee Regulations
6.08.035: Dedications and Improvements
6.08.040: Improvement Plans and Security
6.08.045: Common Interest Subdivisions
6.08.050: Conversion to a Residential Common Interest Project
6.08.055: Conversion to a Nonresidential Common Interest Project
6.08.060: Urban Lot Splits
6.08.000: Purpose
The purpose of this Division is to set forth rules and regulations for the subdivision and/or development of real property pursuant to the provisions of the Subdivision Map Act of the State of California (commencing with GC Section 66410) and the Ontario Municipal Code. Furthermore, it is the purpose of this Division to regulate and control all divisions of land that may be lawfully regulated by the City pursuant to the Subdivision Map Act. The provisions of this Division shall be interpreted to carry out this intent and purpose. In the event of a conflict between any mandatory provision of the Subdivision Map Act and a provision of this Division, the Subdivision Map Act shall control.
6.08.005: Applicability
A. Pursuant to the provisions of the Subdivision Map Act, and in addition to any other applicable regulations provided by State law, the regulations contained in this Division shall apply to all subdivisions or parts of subdivisions of land proposed within the corporate limits of the City, and to the preparation of subdivision maps and any other maps provided for by the Subdivision Map Act. Prior to the subdivision and/or development of any land in the City, the subdivider and developer thereof shall conform to, and comply with, the requirements, rules, and regulations of this Division.
B. No land shall be subdivided and developed for any purpose that is not in conformity with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and any applicable specific plan or planned unit development of the City. The type and intensity of land use shown in the Policy Plan, or applicable specific plan or planned unit development, shall determine the type of streets, roads, highways, utilities, and public services that shall be provided by the subdivider and/or the developer.
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6.08.010: Maps
The requirement or necessity for a tentative, final, or parcel map shall be governed by the provisions of this Section.
A. Tentative Tract Maps and Final Maps. A tentative tract map and final map shall be required for all subdivisions creating 5 or more lots, 5 or more condominium units, a community apartment project containing 5 or more lots, or for the conversion of a dwelling to a stock cooperative containing 5 or more dwelling units, except as provided by Section GC 66418.2 and Section GC 66426.
B. Parcel Maps. A parcel map shall be required for all subdivisions creating 4 or fewer lots, or 4 or fewer condominium units, a community apartment project containing 4 or fewer lots, or for the conversion of a dwelling to a stock cooperative containing 4 or fewer dwelling units, or for those subdivisions described in Section GC 66426.
C. Exceptions to the Preparation of a Tentative Tract Map, Final Map or Parcel Map. Exceptions to the preparation of a tentative tract map or final map, or a parcel map shall be pursuant to GC Section 66426 and 66428.
D. Exclusions from the Requirement for a Tentative Tract Map, Final Map or Parcel Map. The requirement for the filing of a subdivision map pursuant to this Section shall not be applicable in those instances identified in GC Section 66412, 66412.1, 66412.2, 66412.3, 66412.5, and any other mandatory exclusions to the applicability of the Subdivision Map Act, as provided by the Act.
E. Waiver of Parcel Maps. The City Engineer is authorized to waive a parcel map pursuant to the provisions of Section 4.03.045 (Subdivisions—Parcel Map Waiver) of this Development Code.
6.08.015: Subdivision and Development Project Design
A. Design and Improvement Requirements. Pursuant to GC Section 66473.5, a subdivision for which a tentative map or parcel map is required pursuant to Section 6.08.010 (Maps) of this Division, shall be consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, any applicable specific plan or planned unit development, and this Development Code. Unless otherwise specified, design requirements and improvement requirements may be modified or waived only by the City Council.
B. Lot Requirements. All residential, commercial, mixed use, and industrial lots shall have direct access to a public street, except where private street, common driveway or other access easement rights are specifically approved by the City. The access easement shall be reserved on a subdivision map or by separate instrument in perpetuity, for the benefit of the effected property(ies).
C. Street Rights-Of-Way and Design Requirements. The street layout of a proposed subdivision or development project shall be consistent with all street right -of-way designations contained in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, or an applicable specific plan, at the time of tentative map approval. For alignments not specifically shown in the Mobility element, the City Engineer shall approve alignments that are consistent with the Policy Plan component of The Ontario Plan, or any applicable specific plan, master plan, and City standard. All streets (public and private) shall be designed to meet public street requirements, 498
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unless otherwise approved by the Executive Director Development or both the City Engineer and Planning Director.
D. Utility Easements. Whenever overhead utilities are allowed in a proposed subdivision or development project by this Development Code, utility easements of sufficient width shall be located along the rear or side lot lines. Whenever possible, such easements shall extend an equal distance into each of the 2 abutting lots. This requirement may be modified by the Approving Authority, if warranted by unusual circumstances in a particular proposed subdivision.
Underground utility easements, whenever necessary and to the extent practicable, shall be adjoining and parallel to lot lines.
E. Drainage Easements. The design of a proposed subdivision or development project shall provide for the proper drainage of the proposed subdivision or development project, and all lots and improvements therein, based upon the runoff that can be anticipated from ultimate development of the watershed area where in the subdivision is located. Stormwater detention measures shall be provided when required by the City Engineer, to reduce any adverse effects of increased runoff from development on downstream properties.
F. Lighting and Maintenance Districts and Community Facilities Districts. The City may cause the annexation of an area within a subdivision or development project to be annexed into a Lighting and Maintenance District (LMD), Community Facilities District (CFD), or similar appropriate district, prior to the recordation of a final map or parcel map, or vesting map.
G. Energy Conservation. Pursuant to GC Section 66473.1, the design of a subdivision for which a tentative map is required pursuant to Section 6.08.010 (Maps) of this Division, or a development project, shall provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
H. Cable Television Systems. Pursuant to GC Section 66473.3, the Approving Authority may require the design of a subdivision for which a tentative map or parcel map is required pursuant to Section 6.08.010 (Maps) of this Division, to provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and Internet services, to each lot in the subdivision. This provision shall not apply to the conversion of existing dwelling units to a common interest project.
6.08.020: Monuments
A. Pursuant to GC Section 66495, at the time of survey of the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments so that another engineer or surveyor may readily retrace the survey. The exterior boundary of the land being subdivided shall be adequately monumented or referenced prior to recordation of the final map or parcel map.
B. The subdivider shall submit to the City Engineer, in a form satisfactory to the City Engineer, a tie sheet showing proper ties to the location of the centerline monuments. A minimum of 3 ties shall be shown for each centerline monument. All monuments set, and tie monuments set, shall be permanently marked or tagged with the registration or license number of the responsible engineer or surveyor.
C. Interior monuments need not be set at the time the map is recorded, provided the engineer or surveyor certifies on the map that the monuments will be set prior to City Engineer acceptance of the improvements or within 2 years following the recordation of the final map, 499
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whichever is later, and the subdivider furnishes to the City, security guaranteeing the full payment of the cost of setting the monuments.
D. Pursuant to GC Section 66497, the engineer or surveyor shall notify the subdivider and the City Engineer when monuments have been set. If the subdivider does not present evidence to the City that the engineer or surveyor has been paid for the setting of the final monuments, and the engineer or surveyor notifies the City that payment has not been received from the subdivider for the setting of the final monuments, within 3 months following the date of notification, the City shall pay the amount due to the engineer or surveyor from the monument deposit.
E. In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the City Council may direct the City Engineer, or such engineer or surveyor as it may select, to set such monuments. If the original engineer or surveyor is replaced by another, the former may release his obligation to set the final monuments to the surveyor or engineer who replaced him, by letter to the City Engineer. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this Section and the provisions of GC Section 66498, and GC Section 66499 through 66472, inclusive.
6.08.025: Reports
A. Soils Report.
1. Prior to the approval of a final tract or parcel map, vesting map, or development plan, the City may require that the subdivider and/or developer submit a preliminary soils report.
If required, the report shall be prepared by a civil engineer who is regist ered by the State of California and shall be based upon adequate test borings or excavations in the subdivision.
2. A soils report shall be prepared by a qualified civil or geotechnical engineer, who is registered by the State of California. An investigation of each parcel in the subdivision shall be prepared if the preliminary soils report (if required) indicates the presence of any of the following problems:
a. Critically expansive soils or other soil problems that, if not corrected, would lead to structural defects;
b. Rocks or liquids containing deleterious chemicals that, if not corrected, could cause construction materials, such as concrete, steel, and ductile or cast iron, to corrode or deteriorate; or
c. The presence of methane gas and/or other toxic gases or substances, which, if not corrected, could cause life endangerment.
3. The soil investigation shall recommend corrective action that is likely to prevent structural damage to each building proposed to be constructed in the area where the soil problem exists.
4. The City shall approve a soils report (if required) upon determination that the recommended corrective action is likely to prevent structural damage to each building to be constructed in the area where a soil problem exists. The subdivider may appeal the determination to the City Council pursuant to the procedures set forth in Division 2.04 (Appeals) of this 500
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Development Code. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building.
B. Geological Hazard Reports.
1. Prior to the approval of a final tract map or parcel map, vesting map or development plan, the City may require subdivider or developer submit a geological hazard report if the subdivision includes land within a geologic hazard area identified in the Polic y Plan (General Plan) component of The Ontario Plan or by the California Department of Conservation, or if the Building Official determines that other geological conditions warrant the preparation of a report. The report shall be prepared by a civil engineer who is registered by the State of California and shall be based upon appropriate field observations.
2. If the geological hazard report indicates the presence of a potential geological hazard to life, health, or property, a qualified civil or geotechnical engineer, who is registered by the State of California, shall prepare a geological mitigation plan that identifies corrective action for the potential hazard, which shall be filed with the City.
3. The City shall approve the mitigation plan if it is determined that the recommended corrective action is likely to mitigate the potential hazard. The subdivider may appeal the determination to the City Council, pursuant to the procedures set forth in Division 2.04 (Appeals) of this Development Code. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building.
6.08.030: Park Dedication and In-Lieu Fee Regulations
A. Purpose. These park dedication and in -lieu fee regulations are enacted pursuant to the authority granted by GC Section 66477 and shall be interpreted consistent with the provisions thereof. The park and recreational facilities for which payment of impact fees and/or dedication of land are required by the terms of this Section shall be provided in accordance with the standards, specifications, and requirements of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, any applicable specific plan, and any other applicable resolution, policy, or standard of the City.
B. Applicability.
1. Effect on Other Laws. With respect to the requirement for the payment of impact fees or the dedication of land for park and recreational purposes by the subdivider or developer of a residential project, or the residential portion of a mixed -use project, pursuant to this Development Code, this Section shall supersede all other ordinances or regulations of the City inconsistent herewith. The enactment of this Section shall not supersede any other provisions or authority adopted by ordinance of the City Council, unless expressly stated in this Section.
2. Exemptions. The provisions of this Section shall not apply to subdivisions containing less than 5 parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is request ed for construction of a residential structure or structures on one or more of the parcels within 4 years, an impact fee may be required to be paid by the owner of each parcel as a condition to the issuance of such permit. In addition, the provisions of this Section shall not apply to nonresidential subdivisions; or to condominium or stock cooperative projects that consist of the subdivision of 501
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airspace in an existing apartment building that is more than 5 years old, when no new dwelling units are added.
C. Definitions. The following definitions shall govern the meaning of the words as used in this Section, unless from the context in which the word is used, a different meaning is clearly intended:
1. Fair Market Value . The value of land set forth in the City 's general and specific plans, which are earmarked to be acquired by the City upon which the City intends to locate park and recreational facilities to service residents of the subdivision. Fair market value shall be based upon an appraisal by a qualified a ppraiser selected by the City, which appraisal shall be updated from time to time by the City. The fair market value shall be determined as of the time the final map or parcel map is filed. With re gard to any park and recreation improvements, or equipment provided by the subdivider, the fair market value shall be the actual cost to acquire, construct, or install the improvement or equipment.
2. Park. A lot that is, or contiguous lots that are, owned, operated, and maintained by a public agency or private association, and which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons re siding, working, or visiting in the City. Parks may be classified as community parks, including community centers, athletic facilities, large multi-user swimming pools, picnic areas, cultural centers, or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. Parks may also include, or be limited to, open space areas suitable for active or passive uses.
3. Park and Recreational Facilities . Any public improvements deemed necessary by the City to develop, improve, or rehabilitate land and facilities for park and recreational purposes.
Such improvements may include, but not be limited to, grading; landscaped areas for active and passive recre ational use, open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreat ional equipment; picnic facilities; community center or other buildings, swimming pools; volleyball, basketball, tennis, racquetball, and other courts; vehicle driveways and parking areas, and any other facilities which may hereafter be authorized by state law or approved by the City.
4. Private Open Space . Privately owned land and facilities for park and recreation purposes provided within a subdivision, and perpetually maintained and operated by the future residents or owner of the subdivision.
D. Payment of Impact Fees or Park Dedication Required. As a condition of approval of a tentative tract or parcel map, final tract or parcel map, or development project for a residential subdivision or the residential portion of a mixed -use project, or for a building permit within a subdivision, the subdivider shall be required to pay an impact fee, offer for dedication of park land in lieu thereof, or both, at the sole and exclusive option of the City, in the amount provided in this Section, for park and recreational purposes, unless the subdivider is exempted from this requirement by the express provisions of this Section. The payment of an impact fee and/or offering for dedication of land shall be at the time and according to the standards and formula contained in this Section.
E. Standards for Determining Dedication/Maximum Requirement.
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1. General. If the park dedication is required under Subsection D (Payment of Impact Fees or Park Dedication Required), above, the park area required shall be determined pursuant to the standards provided in this Section.
2. Standard of Park Area to Population (Park Area Standard Ratio). it is found and determined that the public interest, convenience, health, safety, and welfare of the residents of the City require that 5.0 acres of property for every 1,000 persons residing within the City be devoted to local park and recreational purposes, and that such park area is necessary to provide for the needs of the current and future persons residing and working in the City. The ratio of 0.005 shall hereafter be referred to as the "Park Area Standard Ratio."
3. Computation of Maximum Area of Public Parkland to be Dedicated.
a. The maximum amount of public park land required to be dedicated by a subdivision or development project shall be equal to the Total Number Of Dwelling Unit Types multiplied by the dwelling unit occupancy factor established pursuant to Subparagraph b, below, multiplied by 0.005 (the Park Area Standard Ratio of 5.0 acres per 1,000 population). The computation is represented as follows:
Area of Public Parkland to be Dedicated = (Total Number of Dwelling Unit Types) x (Dwelling Unit Occupancy Factor) x (0.005)
b. The Dwelling Unit Occupancy Factor for each housing type shall be established by resolution of the City Council, based upon the latest available census data.
c. The City Council, by resolution, may require a dedication of parkland less than the maximum amount set forth above if the City Council finds, and clearly establishes that a smaller dedication will adequately serve the public interest, convenience, health, safety, and welfare of the residents of the City.
4. Qualification of Land Being Dedicated. In addition to meeting the requirements set forth in this section, any land offered for park dedication shall meet the applicable criteria specified in Section 6.08.035 (Dedications and Improvements) of this Division.
F. Standards for Determining Park Impact Fee/Maximum Fee.
1. When required by Subsection G (Determination of Dedication, Fees, or Combination) of this Section, the subdivider or developer shall pay to the City, a fee in lieu of making an offer of parkland dedication. For the purposes of impact fee calculation, 3.0 a cres of property for every 1,000 persons residing within the City shall be determined to be devoted to local parkland and recreational purposes, thereby resulting in the ratio of 0.003 to be hereafter referred to as the "Park Area Fee Standard Ratio."
2. The Park Impact Fee shall be equal to the total number of dwelling units multiplied by the Dwelling Unit Occupancy Factor established pursuant to Subparagraph E.3.b (Dwelling Unit Occupancy Factor) of this Section, multiplied by the Park Area Fee Standard Ratio, multiplied by the area of parkland to be dedicated under Paragraph E.3 (Computation of Maximum Area of Parkland to be Dedicated) of this Se ction, multiplied by the fair market value of the land to be developed by the City for parkland and recreational facilities. The computation is represented as follows:
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Park Impact Fee = (Total Number of Dwelling Units) x (Occupancy Factor) x (0.003) x (Fair Market Value of Land to be Developed)
G. Determination of Dedication, Fees, or Combination.
1. Impact Fee Generally Required . Where required by the City or where no park or recreational facility located in whole or in part within the proposed subdivision is designated in the general plan of the City or other adopted resolution policy or standard of the City, the subdivider or developer shall pay an impact fee computed in accordance with Subsection F (Standards for Determining Impact Fees/Maximum Fee), above, to be used for park and recreational purposes to serve the residents of the area being subdivided and other members of the public.
2. Dedication in Lieu of Impact Fee . Where a park or recreational facility has been designated in the Policy Plan (General Plan) component of The Ontario Plan of the City, or other adopted resolution policy or standard of the City, and is to be located in whole or in part within the propose d subdivision to serve the immediate and future needs of the residents of the subdivision and other members of the public, the City may require the subdivider to dedicate land for a park and provide recreational facilities t hereon in lieu of payment of an impact fee as provided in this Section, if the City determines that dedication is desirable as provided in this Section. If the fair market value of the park and recreational facilities provided is less than that required hereunder, the difference shall be paid by the subdivider as an impact fee.
3. Combination of Land and Fees . The City may accept a combination of land, recreational facilities, and fees, with the respective amounts to be determined by the sole discretion of the City, so long as the aggregate fair market value of the land and recreational facilities, plus in-lieu fees, does not exceed the limits established in this Section.
4. Determination of Land or Fee . Whether the City requires payment of an impact fee, or requires land dedication in lieu thereof, or a combination of both, shall, in the City 's sole discretion, be determined by consideration of the following, and such determination shall be final and conclusive:
a. The provisions of the City's general plan, any specific plan adopted thereto, and any other adopted resolution, policy or regulation of the City;
b. Topography, geology, access and location of land in the subdivision available for dedication;
c. Size and shape of the subdivision and land available for dedication;
d. The feasibility of dedication;
e. Access and location of other park sites to subdivision; and
f. Need of other accessible park sites for development, improvement , and rehabilitation.
5. Impact Fees for Subdivisions of 50 Parcels or Less . If the subdivision contains 50 lots or less, only the payment of impact fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units.
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H. Subdivider Credits.
1. Public Parks. The subdivider shall receive a credit against the impact fee payment or park dedication requirement for the fair market value of any land dedicated and for the value of any park and recreation improvements provided by subdivider in conjunction with any public park. The value of such improvements shall be determined by City based upon Paragraph C.4 of this Section.
2. Private Park . In conjunction with any planned development, real estate development, stock cooperative, community apartment, or condominium, as defined by state law, if the subdivider provides private open space as defined in Subsection C (Definitions) of this Section, then the subdivider may receive a credit against the park dedication requirement of this Section, in an amount to be determined by the City Council or its designee, but such credit shall not exceed 33 percent of such impact fee payment or park dedication requirement. The actual amount of such credit shall be determined by the City Council or its designee, based upon the comparability of the private open space to public park area and the adequacy of such private open space to serve the needs of the subdivision for active recreational uses.
3. Application of Credits . The credits provided by Paragraphs H.1 and H.2, above, shall be applied to reduce the subdivider 's obligation to dedicate and/or pay an impact fee as required under this Section, but only to the extent of such credit.
I. Disposition of Land or Fees.
1. The amount and location of land to be dedicated, or the impact fees to be paid, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. In accordance with GC Section 66477, it is expressly acknowledged that the land to be dedicated or impact fees to be paid may be for both neighborhood and community parks. In addition, such impact fees may be used to improve or rehabilitate existing parks.
2. Impact fees paid by a subdivider pursuant to this Section may be spent to develop, improve, and rehabilitate community and neighborhood parks even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the parks and amount of the impact fees.
J. Time of Payment of Impact Fees or Land Dedication. All park impact fees shall be paid directly to the City Cashier at the time of issuance of a building permit for each lot within the subdivision. In the event of a dedication requirement, the subdivider shall make an irrevocable offer of dedication to the City at the time of recordation of the final map.
K. Schedule of Performance.
1. City's Schedule. The City shall prepare and maintain a schedule specifying how, when, and where land or impact fees, or both, which were dedicated to the City to develop park or recreational facilities will be used. Any impact fees collected pursuant to this Se ction shall be committed within 5 years after the payment of such fees or the issuance of building permits on 50 percent of the lots created by the subdivision, whichever occurs later. If any fees are not so committed, they shall be distributed to subdivision owners in accordance with law.
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2. Subdivider's Schedule. In the event that a subdivider improves or develops parks for public or private ownership, they shall prepare a schedule specifying when, how, and where they will develop the park or recreational facilities to serve the residents of the subdivision. This schedule will be required as a condition of subdivision map approval.
L. Procedure. Unless otherwise expressly provided in this Section, any decision or action required by City in this Section shall be made after the duly noticed public hearing, at the time of approval of the tentative tract map or parcel map by the Approving Authority. Such decision or action shall be made a condition of approval of the subdivision map and shall be final and conclusive in the absence of a timely filed appeal pursuant to Division 2.04 (Appeals).
6.08.035: Dedications and Improvements
A. General Requirements.
1. The public need, safety, and general welfare require that dedications, offers of dedication, and irrevocable offers of dedication of real property for various public uses be made to the City, or other public agency or district, as conditions precedent to the approval or conditional approval of tentative tract or parcel maps, final tract and parcel maps, development plans, reversions to acreage, lot line adjustments, and consolidations and combinations of lots, or any other action or event requiring evidence of official City approval.
2. Dedications may be required for streets, highways, alleys, public service easements, courts, walkways, bicycle trails, equestrian trails, recreation trails, vehicular and pedestrian access rights, slopes, storm drains, watercourses, floodplains, sewers, water lines, water rights, public utilities, traffic signal facilities, transit facilities, environmental enhancement, landscaping, parks, recreation areas, and for all other public uses not specified, if found to be required to conform to, or implement the Policy Plan (General Plan) component of The Ontario Plan or any element thereof, or any applicable specific plan, planned unit development, master plan, and/or City standard. Dedications may also be required by the City on behalf of any other public agency or district.
B. Dedication Requirements.
1. Dedications for streets and highways shall be to the width as designated by the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan and City standards, or as designated by an approved specific plan. Deviations may be allowed fo r streets and highway widths not shown in the Mobility Element, or in any approved specific plan, based upon the land use, traffic volumes or other factors as determined by the City Engineer.
2. Dedications for other public easements shall be based upon the need for service, accessibility, topography, clearances available, and other circumstances and factors as determined by the City Engineer.
C. Method of Dedication. Dedications shall be made to the City by the following prescribed methods:
1. Final Map, Parcel Map , or Development Project . All streets, highways, alleys, easements, and lots offered for dedication or to be dedicated shall be clearly indicated on the map or development plan. They shall be clearly described in the appropriate statement on the 506
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Ontario Development Code Page 6.08-11 (Rev. 12.01.2020) title sheet of the map or development plan. Vehicular access right dedications shall likewise be shown and described on the final map.
2. Separate Instrument . Where dedications are made a requirement of the final approval of a Lot Merger, Development Plan, Conditional Use Permit, building permit, or any other permit, and no final map or parcel map is required to be filed and recorded as a condition thereof, the required dedications shall be made by separate instrument in a form approved by the city attorney, which shall be signed, executed and acknowledged by all parties having record title interest in the property or rights being dedicated. Preparation, execution, and delivery of the fully executed instrument shall be made prior to the final approval by the City of the lot consolidation, lot combination, development plan, or permit being requested.
3. Fee Title. Fee title shall be granted by the subdivider when in the opinion of the City Engineer, in consultation with the City Attorney, it is necessary to carry out policies and requirements of the Policy Plan (General Plan) component of The Ontario Plan, and any City ordinance, resolution or standard.
D. Acceptance of Dedications. Acceptance of dedications shall be in conformance with the following:
1. At the time of final map or parcel map acceptance and approval, the Approving Authority may accept or accept subject to improvement , any or all dedications or offers of dedication. The City Clerk shall certify the action by the Approving Authority on the map.
2. Until any dedication is accepted by the City by execution of a Certificate of Acceptance recorded in the office of the County Recorder, the City shall not be responsible for, and shall not incur, any liability with respect to the offered property.
3. If any dedication is accepted, including but not limited to road or street, path, storm drain, sanitary sewer, water (potable or recycled), public utilities, and/or other public use easement, the acceptance shall be completed by the execution and recordation of a Certificate of Acceptance, recorded in the office of the County Recorder.
4. If any dedication is accepted subject to the completion and acceptance of public improvements, the City shall not be responsible for or incur any liability with respect to such dedication, unless and until the public improvements are completed by the subdivider and accepted by the City as evidenced by a notice of completion issued by the City Engineer pursuant to Section 6.08.040.J.4 of this Division. The ownership of and responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the public improvements are completed and accepted.
5. Offers of Dedication may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by the Streets and Highways Code (SHC), commencing with SHC Section 8300 or SHC Section 940, as applicable.
6. Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the County Recorder, or a separate resolution of acceptance, approved by the City Council, is filed in such office.
E. Dedication of Land for Public Access. All vehicular and pedestrian access rights shall be dedicated to the City for those lots abutting any major, primary, secondary or collector street, flood control channel, park, or bike trail, except at designated locations. 507
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F. Dedication of Land for Public Schools. Pursuant to GC Section 66478, the City may reserve an elementary school site within a proposed subdivision for later purchase by the appropriate school district. Whenever there is consideration of an area for a public school site within a subdivision, the city shall notify the school district and the State Department of Education, in writing, of the proposed site. The notification shall include the identification of any existing or proposed airport runways within the distance specified in State Education Code Section 17215.
1. Standards. As a condition of approval of a tentative or vesting tentative map, and as allowed by state law, a subdivider who develops or completes the development of one or more subdivisions within the school districts serving said subdivision, shall dedicate to the school district such lands as the Approving Authority deems necessary, for the purpose of constructing elementary schools necessary to assure the residents of the subdivision adequate public school service.
2. Consistency with Policy Plan (General Plan). School sites offered for dedication shall conform to the policies in the Policy Plan (General Plan) component of The Ontario Plan and relevant specific plans, and the requirements of the school district.
3. Timing. The requirement of dedication shall be imposed at the time of approval of the tentative or vesting tentative map. If, within 30 days following the requirement to dedicate is imposed by the City, the school districts do not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days following the filing of the final map on any portion of the subdivision.
4. Repayment of Costs. Upon accepting the dedication, the school district shall repay to the subdivider, or their successors, the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
a. The cost of any improvements to the dedicated lands since acquisition by the subdivider;
b. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; and
c. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
5. Exception. These dedication requirements for public school lands shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.
G. Dedication for Streets. In order to meet the City 's transportation goals as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, any subdivider or developer of land shall dedicate, or make an irrevocable offer of dedication, of all land within the subdivision or the site that is needed for public streets and alley ways.
1. When Required . The dedication, or irrevocable offer of dedication, of land for streets and alley ways shall be a condition of approval of any tentative tract or parcel map, or vesting map submitted pursuant to Section 4.02.095 (Subdivisions —Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code, or the approval of any Development Plan 508
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Ontario Development Code Page 6.08-13 (Rev. 12.01.2020) submitted pursuant to Section 4.02.025 (Development Plans) of this Development Code, for the construction, alteration, or enlargement of any building or dwelling, or the establishment of any agricultural, commercial, or industrial land use. Furthermore, an owner, lessee, or agent constructing, altering, or enlarging a building or dwelling, or establishing an agricultural, commercial, or industrial land use, shall provide appropriate street dedication, or make an irrevocable offer of dedication, as a condition of building permit issuance, except that such dedications shall not be required for the following:
a. Any accessory building that does not exceed 1,000 SF of GFA;
b. Any alteration, enlargement, or addition that does not exceed 50 percent of the area of an existing building, dwelling, or land use, not to exceed 2,000 SF of GFA;
c. The installation or construction of walls, fences, or signs;
d. Temporary land uses not exceeding 30 days duration; and
e. Unenclosed agricultural land uses legally established pursuant to Table
5.02-1 (Land Use Matrix) of this Development Code.
2. Rights-of-Way. Street dedications shall include the full right-of-way required for the functional classification of roadway as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, and applicable specific plans, and Section
6.08.015 (Subdivision Design) of this Division.
3. Street Design. Streets to be dedicated to the City, as well as any private streets, shall follow the design specifications in Subsection 6.08.015.C (Street Rights-of-Way) of this Division.
H. Dedication for Pedestrian and Bicycle Paths . Whenever a subdivider or developer is required to dedicate roadways to the public, a dedication of land may be required to provide bikeways and pedestrian paths for the use and safety of the residents of the subdivision, or to provide bikeways and pedest rian paths as shown in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, any bicycle or pedestrian master plan adopted by the City, or an applicable specific plan.
I. Dedication for Local Transit Facilities. In order to provide adequate local transit facilities, whenever a subdivider or developer is required to dedicate roadways to the public, a dedication of land shall be required for local transit facilities, such as bus turnouts, benches, shelters, landing pads, and similar items, that directly benefit the subdivision, or the community as a whole, as required by the Planning Director and/or the City Engineer, and as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, or an applicable specific plan. To facilitate a logical phasing of transit facility improvements, the City may require the payment of a fee in lieu of the construction and installation of required improvements .
J. Improvement of Bridges, Signals, and Thoroughfares. Pursuant to GC Section 66484 and Section 4.02.025 (Development Plans) of this Development Code, the subdivider or developer shall pay traffic impact fees for the purpose of defraying the actual or estimated cost of constructing major thoroughfares, other citywide transportation improvements or bridges. The City Council shall establish procedures and standards for determining the appropriate fees.
1. Construction, modification, or upgrading of traffic signals and appurtenances may be required as a condition of the approval of any subdivision, land division, development plan, or 509
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2. Where the development of a subdivision or other project will be phased over a period time, and, in the opinion of the City Engineer, the full effect of increased burden on the streets will not be realized immediately, the subdivider or developer may be required to deposit a cash amount in the estimated value of the traffic signal improvements ultimately to be made, which sum shall be used at such time as the construction of the signal and appurtenances is warranted. In lieu of a cash deposit, the subdivider or developer may be permitted to post a bond or other surety to guarantee the installation of required traffic signals in a form satisfactory to the City Engineer and City Attorney. The exact amount, details and timing of the deposit and future construction shall be subject to an agreement between the city and the subdivider or developer.
K. Groundwater Recharge Facilities. Pursuant to GC Section 66484.5, the subdivider shall pay fees for the purpose of constructing recharge facilities for the replenishment of the underground water supply in that area of benefit. The City Council shall establish procedures and standards for determining the appropriate fees.
L. Reservations for Other Public Uses. In addition to the dedications for specific public uses that this Section requires, the subdivider or developer shall reserve land within the subdivision for wells, fire stations, libraries, or other public uses, consistent with the Policy Plan (General Plan) component of The Ontario Plan and applicable specific plans, provided that:
1. Develop in an Orderly and Efficient Manner . The reserved area is of a size and shape that permits the balance of the property within which the reservation is located to develop in an orderly and efficient manner;
2. Feasibility of Development . The amount of land reserved will not make development of the remaining land held by the subdivider economically infeasible; and
3. Consistency with Policy Plan (General Plan). The reserved area shall conform to the Policy Plan (General Plan) component of The Ontario Plan and applicable specific plans, and shall be in such multiples of streets and lots as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. In such an event, the subdivider shall make those changes that are necessary to permit the reserved area to be developed for the intended purpose, consistent with good subdividing practices.
M. Drainage Facilities and Grading. Drainage facilities shall be provided and installed as necessary to help protect the lots, parcels, buildings, and structures from flooding, and to minimize flooding of the public streets therein or abutting the property.
1. Facilities shall be designed to minimize the inundation of private properties from storm runoff emanating from a 100-year frequency storm.
2. Public streets shall be protected from flooding from runoffs of a 10 -year frequency storm pursuant to City standards or approved equivalent. Protection to higher levels may be required by the City Engineer, dependent upon the degree of flood risk involved, the topography, location, local drainage patterns, and the requirements of the San Bernardino County Flood Control District.
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3. Hydrologic and hydraulic calculations and studies for required facilities shall be subject to review and acceptance by the City Engineer and/or Building Official. All grading done in conjunction with the development of a tract or property shall be performe d in conformance with the City's building code, the City grading standards, and good engineering practices.
4. On-site and off- site storm drain facilities, and site grading, shall be designed and constructed to prevent undue erosion of the site or off -site properties, and to prevent excessive deposits of mud, silt, or debris upon any public street or easement, or w ithin any channel, storm drain facility, swale, or watercourse. The drainage facilities shall be designed in accordance with the City's drainage master plan, applicable elements of the Policy Plan (General Plan) component of The Ontario Plan, and any applicable specific plan.
N. Sewage Facilities Improvements. Sewer mains, manholes, and appurtenances shall be constructed to serve each subdivision, lot, parcel, building or structure, and individual laterals shall be provided to each lot therein. All such facilities shall be installed prior to the paving of the streets, alleys, or improvement of the easements within the development. Sanitary sewers shall be constructed to the sizes, lines, grades, and design pursuant to City standards, and applicable elements of the Policy Plan (Gene ral Plan) component of The Ontario Plan, or any applicable specific plan.
O. Water Supply System Improvements. Water mains, service meters, cross connection control devices, valves, fire protection facilities, and all other appurtenances of the water system shall be provided to the applicable City master plan(s), and water lines, grades, and design shall be pursuant to City standards, and as required by applicable elements of the Policy Plan (General Plan) component of The Ontario Plan, or any applicable specific plan.
P. Underground Utilities and Service Lines. Whenever any tentative tract or parcel map, development project, or map for the reversion of lots to acreage is filed, all electrical, telephone, cable television, and similar wires, cables, services, and appurtenances that provide direct service to the property being subdivided, divided, or developed, shall be installed underground, and all existing facilities providing direct service to the building, structure, or development being added to or rebuilt, shall be underground as a condition precedent to the approval of the tentative tract or parcel map, by the City Council or City Engineer, as applicable.
Q. Development Impact Fees.
1. Prior to the issuance of a building permit for construction on any lot within any subdivision or development project, the applicant for such permit shall pay all development impact fees established by resolution or ordinance of the City.
2. The City Council may authorize by resolution, the imposition of development impact fees that are less than the maximum fees, to encourage the development of undeveloped and underdeveloped properties within the "Old Model Colony" area of the City.
3. Where it is determined that the public interest would be served by such an agreement, the City Manager is hereby authorized to negotiate and execute agreements on behalf of the City, in order to provide credits to a project applicant against certain development impact fees, in exchange for the applicant's construction and dedication of public improvements on those reasonable terms and conditions as may be negotiated on a case-by-case basis, subject to approval by the City Council.
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4. The City Manager is further authorized to negotiate and execute agreements to defer, waive, or reduce any development impact fees imposed upon an applicant for a particular development project, based upon evidence presented by the Applicant, that:
a. The development project will provide a general benefit to the health, safety, morals, and welfare of the citizens of the City, and will not only be of special benefit to the project applicant;
b. Other properties to be benefitted by any development impact fee will not be unfairly burdened by the delay, reduction, or waiver of said development impact fee; or
c. Deferral, waiver, or reduction in development impact fees will result in a more fair funding arrangement, and in the case of waiver or reduction, the owner will receive insufficient or no benefit from the development impact fee imposed, and would, therefor e, be required, if the fee(s) were imposed in full, to pay more than their fair share for the benefit received.
5. The required findings (Subparagraphs 4.a through c, above) and any resulting agreement(s) to defer, waive, or reduce any development impact fee(s) shall be subject to approval by the City Council.
R. Condemnation Proceedings. When any dedication, improvement or design is required by the City Engineer, and the subdivider or developer does not have full control of the land required in connection with the dedication, improvement or design, and condemnation proceedings are necessary as determined by the City, the subdivider or developer shall pay all necessary and reasonable costs involved in the condemnation or acquisition including, but not limited to, appraisal and court costs.
6.08.040: Improvement Plans and Security
A. Design of Improvement Plans.
1. Following approval of a development project, tentative tract or parcel map, or vesting tentative map, and prior to the submission of any final map or parcel map, the subdivider or developer shall prepare and submit complete sets of improvement plans and cost estimates for any improvement(s) required.
2. The acceptance of all required improvement plans by the City Engineer shall be a prerequisite to the approval of the final map or parcel map, and in the case of a development project, shall be prerequisite to the issuance of any building permit.
3. All public or private improvement plans, profiles, descriptions, studies, calculations, notes, surveys and drawings required pursuant to this Division shall be provided at no expense to the City and shall be prepared pursuant to the requirements of this Section and as required by the City Engineer.
4. Construction plans for street, alley, drainage, sewer, and water improvements, traffic signals, and streetlights, and for any other required improvements, shall be drawn on standard City mylar film, in indelible ink, and shall be filed with the City Engineer for checking and review prior to their acceptance. All maps, sketches, descriptions, estimates, plans and other 512
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Ontario Development Code Page 6.08-17 (Rev. 12.01.2020) drawings and items required to fulfill the requirements of this Division shall also be provided in the form, content, number, and details as specified by the City Engineer.
5. The plans and profiles of all required and proposed public and private improvements in a subdivision or development plan shall be furnished to the City Engineer and shall be ready for acceptance before a final map of the subdivision or the development plan is presented to the Approving Authority for approval.
6. No construction work shall commence on any of the improvements shown on any construction or improvement plans required herein until the plans have been reviewed, approved, and signed by the City Engineer. After acceptance and signature by the City Engineer, all original drawings shall become the property of the City.
B. Application Requirements. The improvement plans shall be prepared by or under the direction of a registered civil engineer licensed by the state of California, and shall show the complete plans, profiles and details for all streets and appurtenances, storm drainage, water systems and fire hydrants, sewers, utilities, grading and all other improvements proposed or necessary, on-site and off-site. They shall meet all the requirements deemed necessary by the City Engineer.
C. Application Review Process.
1. Upon receipt of a complete set of improvement plans, the City Engineer shall cause the plans to be reviewed and return one set to the applicant or their engineer, with the required revisions, if any, marked thereon.
2. When the plans are found to be complete and satisfactory to the City Engineer, the applicant shall submit copies in the number and term deemed necessary by the City Engineer.
The copies shall be accompanied by any additional number of complete sets of copies the applicant, their engineer, and contractors may require, to be noted as approved by the City Engineer.
D. Acceptance by City Engineer.
1. Upon finding that all required revisions have been made, all required fees have been paid, and the plans conform to all applicable City ordinances, standards, and conditions of approval imposed upon the tentative map or development plan, the City Engineer shall accept the improvement plans.
2. Pursuant to GC Section 66456.2, the City Engineer shall act within 60 days of receiving the preliminary improvement plans and calculations, except that at least 15 days shall be provided for processing any resubmitted improvement plan. The period of 60 day s shall not include any days during which the improvement plans have been returned to the subdivider for corrections or have been subject to review by any party other than the City or a private entity contracted by the City.
3. The City Engineer 's acceptance of improvement plans shall not relieve the subdivider or developer of responsibility for the design of the improvements and for any deficiencies in the improvements.
E. Permit Required. The subdivider or developer shall not commence work on any portion of improvements prior to the issuance of an encroachment permit and payment of applicable 513
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F. Construction of Improvements.
1. All construction methods and materials for improvements shall conform to the approved improvement plans, the requirements of the applicable construction permit, and any other applicable City standards and requirements.
2. All construction of improvements is subject to inspection by the City Engineer. The subdivider and/or developer shall notify the City Engineer before beginning the construction of any improvements. The City shall always have full access to the improvement work during its construction.
G. Completion of Improvements/Subdivision Improvement Agreement.
1. If any public improvement required with the approval of a subdivision will not be completed and accepted pursuant to Section 6.08.035 Dedications and Improvements) of this Division, prior to approval of the final map, the subdivider, at their expense, shall enter into a Subdivision Improvement Agreement as a condition precedent to approval of the final map, to complete the public improvements. Performance of the Subdivision Improvement Agreement shall be guaranteed by the security specified in Subsection I (Improvement Security) of this Section, and GC 66499 et seq.
2. A subdivision improvement agreement shall be prepared by the City Engineer in a form approved by the City Attorney, and shall provide for the following:
a. Construction of all improvements shall be as set forth in the approved plans and specifications;
b. The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer;
c. Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the City in enforcing the agreement;
d. If the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider a nd their surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work, including interest from the date of notice of said cost and expense until paid;
e. In the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, their successors or assignees will pay all costs involved, including reasonable attorney's fees, and that the same may be recovered as part of a lien against the real property; and
f. Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting 514
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3. A subdivision improvement agreement shall be valid for a period specified in the agreement, but not to exceed 2 years from the effective date of the agreement.
a. The term of a subdivision improvement agreement may be extended at the discretion of the City Engineer.
b. A subdivision improvement agreement shall not only bind the present subdivider, but also all heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those part ies executing the final or parcel map.
H. Inspection of Improvements.
1. The construction of improvements required pursuant to this Division shall be subject to inspection and testing by the City Engineer to ensure compliance with the standards and specifications specified and required by this Division. All work and improvements shall be found to conform to the standards and specifications as a condition of the City's acceptance and release of any improvement securities held therefor.
2. No construction shall commence or continue without arrangements first having been made with the City Engineer for inspection. The City Engineer and his authorized representatives shall have the right to stop any work, refuse to inspect any work, or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workers or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with city standards, specifications, or city-approved construction plans.
Reasonable access to the construction and work shall be provided at all times so that full knowledge of the progress, workmanship, and character of the materials used in the work can be gained.
3. Upon completion of the required improvements, the subdivider or developer shall apply in writing to the City Engineer for preliminary final inspection. The City Engineer shall conduct a preliminary final inspection and prepare a deficiency list, noting all additional work to be performed and deficiencies in existing work to be corrected. The City Engineer shall provide a copy of the deficiency list to the subdivider or developer. If there are an excessive number of deficiencies or missing improvements, the City Engineer may choose to postpone the inspection.
4. After the subdivider or developer has corrected all of the items on the deficiency list, the subdivider or developer shall apply to the City Engineer for final inspection. The City Engineer shall conduct a final inspection and verify that the items on the deficiency list have been corrected. Upon verification, and after receiving record drawings (improvement plans), the City Engineer shall accept the improvements and issue a notice of completion to the subdivider or developer.
5. The City Engineer's acceptance of improvements shall not relieve the subdivider or developer of responsibility for correcting any deficiency that subsequently is discovered.
I. Improvement Security. Performance of a subdivision improvement agreement required pursuant to Subsection G (Completion of Improvements/Subdivision Improvement Agreement) of this Section shall be guaranteed by the security specified herein and GC Section 66499 et seq. 515
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1. Acceptable Forms of Required Improvement Security. Improvement securities shall be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final map or parcel map, parcel map waiver, lot line adjustment, lot merger or development project. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to approval and acceptance by the City Engineer and City Attorney:
a. Bonds by Authorized Corporate Sureties. One or more bonds by one or more duly authorized corporate sureties substantially in the form prescribed by the Subdivision Map Act, and subject to approval and acceptance by the City Attorney and City Council;
b. Negotiable Bonds or a Letter of Credit. A deposit with the City of immediately negotiable bonds or a letter of credit; or
c. Cash and/or Negotiable Bonds of The Kind Approved for Securing Deposits of Public Moneys. A deposit with the City or a responsible escrow agent or trust company, at the option of the City, of cash and/or negotiable bonds of the kind approved for securing deposits of public moneys; or
d. Lien or Other Security Interests. Any other form of security, including a lien or other security interests in real property, which the City Engineer and the City Attorney may, in their discretion, allow; provided, they determine that it is equivalent to the foregoing forms of security in t erms of security and liquidity. Any written contract or document creating security interests shall be recorded in the Office of the County Recorder. From the time of recordation, a lien shall attach to the real property described therein, which shall have the priority of a judgment lien in the amounts specified.
2. Required Security Amounts.
a. Performance and Guarantee. The subdivider or developer shall provide an amount determined by the City Engineer, up to 100 percent of the total estimated cost of the improvement to be performed, including costs and fees incurred by the City. The estimated cost of improvement shall include a 10 percent contingency and a 10 percent increase for projected inflation computed to the estimated mid-point of construction; and
b. Payment. The subdivider or developer shall provide an amount determined by the City Engineer , up to 100 percent of the total estimated cost of the improvement to be performed, excluding grading and monumentation.
3. Release of Improvement Security. Improvement security may be released upon the final completion and acceptance of the act or work by the City Engineer; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and w arranty period, nor to costs and reasonable expense fees, including reasonable attorney 's fees incurred by the City in enforcing any improvement agreement. The subdivider or developer shall not be entitled to any reduction in security, except pursuant to Paragraph 4 (Partial Release of Improvement Security), below, until all improvements have been completed to the satisfaction of, and have been accepted by, the City Engineer.
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4. Partial Release of Improvement Security. A partial release of performance security may be requested in writing from the Engineering Department. The portion of the performance security, in conjunction with the satisfactory completion of a part of the improvements as the work progresses, may be released upon the approval of the City Engineer, subject to the following:
a. No release shall be considered until at least 50 percent of the improvements are completed;
b. No release shall be considered for an amount less than 10 percent of the original total improvement security given for performance and guarantee;
c. An amount of up to 200 percent of the revised estimated construction cost for the remaining required improvements shall be required for the substitute security (or the remaining security);
d. The City Engineer is responsible for reviewing all applications and shall determine the amount of substitute security required in accordance with Subparagraph I.4.c, above; and
e. The original performance security may be released only upon receiving the proper substitute security, which has been determined acceptable by the City Attorney and the City Engineer.
J. Completion of Improvements.
1. Public improvements required as a condition of approval shall be completed pursuant to this Division unless they are deferred pursuant to Subsection K (Deferred Improvements) of this Section. The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provi sion, with the City Council delegating final approval to the City Engineer of any agreement or acceptance of any completed public improvement.
2. Once begun, public improvements for a final tract or parcel map, or development plan when required, shall be constructed to completion without interruption. The subdivider or developer shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by City standards and the requirements of any applicable permit.
3. Notwithstanding any applicable agreement, the construction and maintenance of any public improvement is the responsibility of the subdivider or developer and shall remain so until such time that the City Council accepts the completed public improvements.
4. Upon acceptance of a public improvement, the City Engineer shall provide a notice of completion for that public improvement and shall release applicable securities for that public improvement. This action shall serve to transfer ownership and maintenance r esponsibility of the public improvement from the subdivider or developer to the City, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public improvements within said dedication or easement, subject to the terms of any applicable agreement.
K. Deferred Improvements. The Approving Authority for a tentative map or parcel map shall be responsible for approving any request for the deferred construction of on -site and off- site 517
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6.08.045: Common Interest Subdivisions
A. Purpose. The purpose of this Section is to establish criteria for the establishment of common interest subdivisions. For the purposes of this Section, the term "common interest subdivision" means a community apartment, condominium, planned development, or stock cooperative.
B. Applicability. The herein prescribed regulations shall be implemented in conjunction with the establishment of any common interest subdivision in the City.
C. Common Interest Subdivisions are Exempt from Minimum Lot Area and Building Setback Requirements. Common interest subdivisions shall be exempt from the minimum lot area and building setback regulations applicable to individually numbered and/or lettered lots identified on a tract or parcel map, excepting one -lot subdivisions. For the purposes of a common interest subdivision, any minimum lot area requirement shall be applied to the overall area of the common interest subdivision. Furthermore, any minimum building setback requirement shall only be applied to the exterior boundary of the common interest subdivision.
D. Recordation of a Tract or Parcel Map is Required. The establishment of a common interest subdivision shall require the approval and recordation of a tract or parcel map pursuant to the provisions of the Subdivision Map Act (commencing with GC Section 66410), Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) and Section 4.03.030 (Final Maps and Parcel Maps) of this Development Code, and all applicable requirements of this Division.
E. Recordation of Covenants, Conditions, and Restrictions (CC&Rs). Covenants, conditions, and restrictions, if required, shall be recorded concurrently with the final map or parcel map, required pursuant to Subsection D (Recordation of a Tract or Parcel Map is Required), above, in the office of the San Bernardino County Recorder.
1. The purpose of the covenants, conditions, and restrictions is to guarantee compatibility and coordination of all lots or units within a common interest subdivision in terms of access, parking, landscaping, recreation facilities, open space, property and la ndscape maintenance, and architecture. Furthermore, the covenants, conditions, and restrictions shall establish a property owner (or homeowner) association for the purpose of maintaining common areas and facilities, enforcement of the covenants, conditions, and restrictions, regulation of operations and uses within the development, and ensuring continued architectural and landscaping compatibility within the development.
2. The covenants, conditions, and restrictions shall be subject to approval and acceptance by the Planning Director and City Engineer prior to recordation. Furthermore, the City may be required to be a non -voting member of the association and maintain the rig ht of enforcement of the covenants, conditions, and restrictions.
3. The covenants, conditions, and restrictions shall include the establishment of a specific methodology or procedure for enforcement of its provisions by the City, if adequate maintenance of the development does not occur. Such procedures may include, but is not 518
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F. Recordation of a Condominium Plan. The establishment of a condominium shall require the approval of a Condominium Plan by the City and the recordation of said Condominium Plan in the office of the San Bernardino County Recorder, prior to the sale of the first dwelling unit.
6.08.050: Conversion to a Residential Common Interest Project
This Section shall apply to the conversion of any existing residential real property to a common interest project, including condominium, community apartments, stock cooperative project, or any other similar form of common ownership, except conversion projects for which a final or parcel map has been approved prior to the effective date of this Development Code, or where the conversion involved a limited equity housing cooperative as defined in HSC Section 33007.5. All provisions, conditions, and further definitions of condominium development, as included in the California Civil Code, shall apply to the divisions of real property as permitted herein.
A. Purpose. The purpose of this Section regulating conversions to a residential common interest project is as follows:
1. Establish criteria for the conversion of existing single -family and multiple -family rental housing to community apartments, condominiums, planned developments, or stock cooperatives;
2. Ensure that converted housing achieves high quality appearance and safety, and is consistent with the goals and policies of The Ontario Plan;
3. Endeavor to maintain a reasonable balance of ownership and rental housing within the City, and a variety of housing choices of varying tenure, type, price, and location;
4. Ensure that the purchasers of community apartments, condominiums, planned developments, or stock cooperatives converted from existing rental housing stock have been properly informed as to the physical condition of dwellings offered for purchase; and
5. Ensure compliance with all requirements of applicable development, building, fire codes, plumbing, and electrical codes, and other applicable State and local laws and regulations, in effect at the time of filing of the tentative subdivision maps for conversion.
B. Applicability. Any conversion to a residential common interest project, including a community apartment, residential condominium, residential planned development, or residential stock cooperative, shall be subject to all applicable provisions of the Subdivision Map Act (commencing with GC Section 66410), the requirements of this Section, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
C. Application Requirements. A residential common interest project conversion request shall consist of the following:
1. Subdivision Application. A subdivision application as required by Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code.
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2. Physical Elements Report . A report on the physical elements of all structures and facilities shall be submitted with the tentative or vesting tentative map. The report shall include, but not is limited to, the following:
a. Architect's or Engineer's Report. A report by a licensed architect or engineer detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, ceiling, windows, recreational equipment, parking facilities, appliances, and fi xtures. The report shall state, to the best knowledge or estimate of the applicant, the following:
(1) When the element was constructed or installed;
(2) The condition of each element;
(3) When the element was replaced;
(4) The approximate condition of each element;
(5) Any variation or non -compliance of the element from this Development Code and the Building Code in effect on the date the last building permit was issued for the subject structure;
(6) The approximate date upon which the application for conversion was filed and accepted by the city; and
(7) The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.
b. Pest Control Report . A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.
c. Soils and Geological Hazard Reports . Soils and geological hazard reports prepared pursuant to Section 6.08.025 (Reports) of this Division, regarding soil deposits, rock formations, faults, groundwater, landslides, and liquefaction within the vicinity of the project, and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report.
d. Repairs and Improvements Report . A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.
e. Notice to Tenants. The subdivider shall supply proof of all written notices as required by the Subdivision Map Act for conversion projects, as listed in Subsection E (Notice to Tenants) of this Section.
f. Plans and Information . The subdivider shall provide plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the conversion, as identified on the applicable City application forms.
g. Proposed Declaration. The subdivider shall provide a proposed declaration, as required by CC Section 1353. The declaration shall include an agreement for the 520
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Ontario Development Code Page 6.08-25 (Rev. 12.01.2020) creation of an association responsible for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences.
h. Development Plan Application Required . The developer shall s ubmit a Development Plan application for approval of the conversion pursuant to Section 4.02.030 (Development Plans) of this Development Code.
D. Procedures.
1. Notification and Hearing Requirements . A final subdivision map creating a community apartment, condominium, planned development, or stock cooperative from the conversion of rental housing units, unless the subdivider shows that the following notification procedures have been fulfilled:
a. Each of the tenants or prospective tenants of the proposed community apartment, condominium, planned development, or stock cooperative project has received or will receive each of the notices included in the Subdivision Map Act (commencing with GC Section 66410), including the following:
(1) Written notification pursuant to GC Section 66452.8 and GC Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map;
(2) Written notification at least 10 days prior to the date of the public hearing at which the Approving Authority will review the Conditional Use Permit for the requested conversion in compliance with GC Section 65090 and GC Section 65091. Notice shall also be mailed to the owner of the subject property, as well as all property owners within 300 FT of the subject property, as shown on the last equalized tax assessor roll. In addition, a notice of public hearing shall be published at least once in a newspaper o f general circulation at least 10 days prior to the hearing;
(3) Written notification pursuant to GC Section 66427.1(a) that each tenant shall receive a 10 -day notice that a final public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the report, and that the report will be available from the City, upon request;
(4) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within 5 days after the date that the subdivider receives the public report from the Department of Real Estate;
(5) Written notification within 10 days following approval of a final map for the proposed conversion;
(6) Upon approval of a final map for the proposed conversion, written notification shall continually be delivered to all prospective tenants prior to execution of a rental agreement using the form in GC Section 66459(a). Failure to do so will not be grounds to deny the conversion, but will require the subdivider to pay each prospective tenant who was entitled to that notice, an amount as indicated in GC Section 66459(f);
(7) Written notification pursuant to GC Section 66452.11 shall be provided to all affected tenants at least 180 days prior to termination of tenancy due to the conversion or proposed conversion, but not before the City has approved a tentative map for the conversion. The notice given pursuant to this subparagraph shall not alter or abridge the rights or 521
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(8) Notice of an exclusive right to contract for the purchase of a tenant's respective unit upon the same terms and conditions that the unit will be initially offered to the general public, or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in BPC Section 11018.2, and shall run for a period of not fewer than 90 days, unless the tenant gives prior written notice of their intention not to exercise the right. Notice shall be given using the form included in GC Section 66452.12(b).
b. If a rental agreement was negotiated in a language other than English, all required written notices regarding the conversion of residential real property into a community apartment, condominium, planned development, or stock cooperative project shall be is sued in that language.
2. Division of Airspace Not Required . A map of a community apartment, condominium, planned development, or stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided. The City does not have th e right to refuse approval, of a conversion project (tentative or final map, or parcel map), based upon the manner in which the airspace is divided or any of the provisions listed in GC Section 66472.
3. Limitation on the Number of Rental Housing Units Converted Within a Current Calendar Year. The conversion of rental housing units to a community apartment, condominium, planned development, or stock cooperative, shall not result in the conversion of more than 5 percent of the potentially convertible rental units in the City during any current ca lendar year.
E. Notice to Tenants.
1. Tenant Notifications . The developer shall notify current and potential tenants according to Paragraph D.1 (Notification and Hearing Requirements) of this Section and the Subdivision Map Act.
2. Tenant Rights.
a. Tenants Right to Purchase. As provided in GC Section 66427.1(b), any present tenant or tenants of any housing unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public.
The right of first refusal shall extend for at least 60 days from the date of issuance of the subdivision public report pursuant to BPC Section 11018.2, unless the tenant gives prior written notice of his intent not to exercise the right.
b. Vacation of Units. Each tenant that does not purchase a housing unit, and is not in default under the obligations of the rental agreement or lease under which they occupy the unit, shall have no fewer than 180 days from the date of receipt of notification from the owner of their intent to convert, or from the filing date of the final map, whichever date is later, to find substitute housing and to relocate. Tenants shall have the right to terminate leases at any time after receiving the notice.
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Ontario Development Code Page 6.08-27 (Rev. 12.01.2020) c. Increase in Rents. From the date of submittal of the tentative or vesting tentative map, until the sale of the unit, no tenant 's rent shall be increased more frequently than once every 12 months, at a rate no greater than the Consumer Price Index, as compiled by the Federal Bureau of Labor Statistics. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative map.
d. Notice to New Tenants. After submittal of the application to convert, any prospective tenant shall be notified in writing by the developer of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of Subparagraph E.2.c (Increase in Rents) of this Section.
e. Senior Citizens, the Handicapped, and the Disabled. The developer shall be required to retain ownership of units occupied at the time of filing of the tentative map by senior citizens (persons 62 years of age or older) or the handicapped (as defined by HSC Section 50072) or the disabled (as defined by 42USC 423), for a period of one year from the date of approval by the Approving Authority.
F. Standards for Conversion.
1. Building and Physical Standards.
a. The community apartment, condominium, planned development, or stock cooperative conversion project, and all individual units and common areas contained therein, shall comply with all applicable existing and current development, building (including energy conservation and sound transmission), fire, and subdivision requirements, unless legally nonconforming.
b. The community apartment, condominium, planned development, or stock cooperative conversion project shall comply with all applicable provisions of Ontario Municipal Code Chapter 11 (Security Standards for Building).
c. The consumption of gas, electricity and water within each unit shall be separately metered so that the unit owner can be separately billed for each unit. Each unit shall have its own panel, or access thereto, for all electrical circuits that serve the unit. The requirements of this subsection may be waived where the Approving Authority finds that full compliance with this provision would not be practicable and the developer submits an alternative plan approved by the Approving Authority.
d. The electrical, plumbing, mechanical, fire, and life safety systems of the structure shall be placed in a condition of good repair and maintenance.
e. The buildings and facilities shall be upgraded to meet the requirements of Ontario Municipal Code Title 5, Chapter 29 (Noise). The Approving Authority may require additional insulation or other upgrades to reduce noise to an acceptable level.
f. The developer shall dedicate land or easements for street widening, public access, or other public purposes in connection with the project, where determined necessary by the Approving Authority and in conformance with this Development Code.
g. All on -site and adjacent overhead utility service lines and poles shall be converted to an underground system consistent with the requirements of this Development Code.
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(Rev. 12.01.2020) Page 6.08-28 Ontario Development Code h. All main buildings, structures, fences, patio enclosures, carports, irrigation systems, landscaped areas, accessory buildings, sidewalks, driveways and additional elements as required by the Approving Authority shall be refurbished and restored as necessary, to achieve a high quality appearance and safety.
i. If Development Impact Fees have not previously been paid for the affected residential units, the required fees shall be paid prior to the recordation of the final map, or as otherwise required by City ordinance.
j. The developer shall provide each purchaser with a copy of the below-listed items, prior to executing any purchase agreement or other contract to purchase a unit within the project and shall give the purchaser sufficient time to review the information. Copies of the information shall also be made available at all times at the sales office and a notice indicating that the reports and documentation are available shall be posted on the project site, at locations approved by the Planning Director. In addition, copies of the required reports and documentation shall be provided to the Homeowners Association upon its formation.
(1) Reports and documentation required by Paragraph C.2 (Physical Elements Report) of this Section, in their final form as accepted by the City; and
(2) A copy of the covenants, conditions, and restrictions, and a project maintenance plan.
k. Other conditions may be applied as deemed necessary by the Approving Authority to further the intent of this Section.
2. Securities and Penalties. All improvements and alterations required pursuant to this Section and all other applicable requirements of this Development Code, the Ontario Municipal Code, and the conditions of project approval, shall be made prior to the approval of the final map or parcel map, or upon approval of the Planning Director, City Engineer, and Building Official, and a deposit paid to the City pursuant to Division 2.06 (Performance Guarantees), to assure the completion of all required work prior to the closing of escrow on any unit within the project. The deposit shall be accompanied by an agreement by the developer, and owner of the project if different from the developer, in a form to be approved by the city attorney, guaranteeing completion of the work.
G. Findings. The Approving Authority, prior to approving a tentative tract or parcel map, or a Conditional Use Permit, for the conversion of rental housing units to a common interest project, including a community apartment, residential condominium, residential planne d development, or residential stock cooperative, shall find and clearly establish the following findings:
1. Not Detrimental. All provisions of this Section have been met and the project will not be detrimental to the health, safety, or welfare of the community;
2. Consistency with The Ontario Plan . The proposed conversion is consistent with the Vision, City Council Priorities, and Policy Plan (General Plan) components of The Ontario Plan;
3. Conformity with Title . The proposed conversion conforms to all applicable requirements of this Development Code; and
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4. Housing Diversity. The proposed conversion of rental housing units to a community apartment, condominium, planned development, or stock cooperative, will not have an adverse effect on the diversity of housing types available in the City.
6.08.055: Conversion to a Nonresidential Common Interest Project
This Section shall apply to the conversion of any existing nonresidential real property to a common interest project, such as condominiums or any other similar form of common ownership, except conversion projects for which a final or parcel map has been approved prior to the effective date of this Development Code. All provisions, conditions, and further definitions of condominium development, as included in the California Civil Code, shall apply to the divisions of real property as permitted herein.
A. Purpose. The purpose of this Section is to provide a legal process for the conversion of existing nonresidential buildings to a common interest ownership, such as a condominium, so as to protect both the community and the purchasers of units within a common interest project. This Section provides regulations to ensure adequate and safe building design and maintenance for all industrial and commercial common interest conversions, in order to achieve this goal.
B. Applicability. Any conversion to a nonresidential common interest project shall be subject to all applicable provisions of the Subdivision Map Act (commencing with GC Section 66410), the requirements of this Section, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
C. Application Requirements. A request for the approval of a parcel map for a nonresidential common interest project conversion, shall be accompanied by the following items:
1. Subdivision Application. A subdivision application as required by Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code.
2. Physical Elements Report . A physical elements report shall be submitted for each structure and/or facility, as described in Paragraph C.2 (Physical Elements Report) of Section
6.08.045 (Conversion to a Residential Common Interest Project) of this Division.
3. Notice to Tenants. Proof of all written notices required by the Subdivision Map Act for conversion projects, as listed in Subsection E (Notice to Tenants) of Section 6.08.045 (Conversion to a Residential Common Interest Project) of this Division.
4. Plans and Information . Provide plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the conversion, as identified on the applicable City application forms.
5. Proposed Declaration. Provide a copy of the declaration required by CC Section 1353. The declaration shall include an agreement for the creation of an association responsible for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences.
6. Development Plan Application Required. The developer shall submit a Development Plan application for approval of the conversion pursuant to Section 4.02.030 (Development Plans) of this Development Code.
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1. Acceptance of Reports. The final form of the reports and other documents required under Subsection C (Application Requirements) of this Section shall be as approved by the City.
The reports, in their accepted form, shall remain on file with the City for review by the public. The subdivider shall provide each purchaser with a copy of the reports in their final, accepted form.
2. Inspection. In conjunction with the filing of a nonresidential common interest project conversion request, the subdivider shall request that an inspection of the premises be made by the Building Official and the City Engineer. The inspection shall include structures, common areas, site improvements, public improvements, and all other related facilities. A deficiency list shall be compiled during the inspection, which lists all necessary corrections required to conform to the requirements of this Section and all other applicable codes and ordinances.
3. Corrective Work . Upon completion of the inspection required pursuant to Paragraph D.2 (Inspection), above, a copy of the deficiency list shall be transmitted to the subdivider. All deficiencies shall be corrected to the satisfaction of the City prior to filing a final map or parcel map. When plans for corrective work are required, they shall be as approved by the appropriate city official, prior to the filing of the final map or parcel map.
4. Payment of Inspection Fees . The City shall charge the usual fees, if applicable, or an hourly fee for the inspection and processing according to an estimated actual hourly cost to the city. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied toward the inspection fee, with any refund or balance due to be resolved before the approval of the final map by the Approving Authority. Any unpaid balances shall be paid prior to recordation of the final map.
E. Standards for Conversion.
1. Building and Physical Standards.
a. Building Regulations. The project shall conform to the applicable standards of the City's Building Code that was in effect at the time the last building permit was issued for the affected structures.
b. Fire Prevention . Each unit shall be provided with a fire -warning system conforming to the City 's Building Code. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times.
c. Sound Transmission.
(1) Vibration Transmission. All permanent mechanical equipment, such as motors, compressors, pumps, compactors, or any item determined by the Building Official to be a source of structural vibration or structural -borne noise shall be vibration -isolated with inertia blocks or bases, or vibration isolator springs, in a manner approved by the Building Official.
(2) Noise Standards. The structures shall conform to all interior and exterior sound transmission standards of CCR Title 24, the City 's Building Code, and the requirements of Ontario Municipal Code Chapter 29 (Noise). The Approving Authority may require additional insulation or other upgrades to reduce noise to an acceptable level.
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Ontario Development Code Page 6.08-31 (Rev. 12.01.2020) d. Utility Metering . Each unit shall be separately metered for gas, electricity and water, unless the covenants, conditions, and restrictions provide for the property owner association to take responsibility for these utilities.
e. Landscape Maintenance . All landscaping shall be restored, or new landscaping shall be installed, to achieve a high degree of appearance and quality pursuant to Division 6.05 (Landscaping) of this Development Code. Provisions shall be made within the declaration required pursua nt to Paragraph C.5 (Proposed Declaration) of this Section, for continuing maintenance of all landscaped areas. Existing landscaping is subject to review and approval by the Approving Authority. If new landscaping is proposed, the design of all landscaping is subject to review and approval by the City.
f. Off-Street Parking and Loading . Off-street parking and loading shall be provided pursuant to the requirements of Division 6.03 (Off -Street Parking and Loading) this Development Code, for allowed commercial and industrial land uses, as applicable.
g. Refurbishing and Restoration of Improvements . Each main building, structure, fence, accessory building, sidewalk, driveway, landscaped area, utilities, and additional element as required by the department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The refurbishing and restoration is subject to review and approval by the department.
h. Building Security Standards . Each unit shall comply with all applicable provisions of Ontario Municipal Code Chapter 11 (Security Standards for Building).
i. Dedication of Land and Easements . The developer shall dedicate land or easements for street widening, public access, or other public purposes in connection with the project, where determined necessary by the Approving Authority, and in conformance with this Development Code.
j. Undergrounding of Overhead Utilities . All on -site and adjacent overhead utility service lines and poles shall be converted to an underground system consistent with the requirements of this Development Code.
k. Copies of Reports and Documentation to be Provided to New Property Owners. The developer shall provide each purchaser with a copy of the below -listed items, prior to executing any purchase agreement or other contract to purchase a unit within the project and shall give the purchaser sufficient time to review the information. In addition, copies of the required reports and documentation shall be provided to the Property Owner Association upon its formation.
(1) Reports and documentation required by Paragraph C.2 (Physical Elements Report) of this Section, in their final form as accepted by the City; and
(2) A copy of the covenants, conditions, and restrictions.
l. Additional Conditions. Additional conditions may be applied as deemed necessary by the Approving Authority to further the intent of this Section.
2. Securities and Penalties. All improvements and alterations required pursuant to this Section and all other applicable requirements of this Development Code, the Ontario Municipal Code, and the conditions of project approval, shall be made prior to the approval of the final 527
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(Rev. 12.01.2020) Page 6.08-32 Ontario Development Code map or parcel map, or upon approval of the Planning Director, City Engineer, and Building Official, and a deposit paid to the City pursuant to Division 2.06 (Performance Guarantees), to assure the completion of all required work prior to the closing of escrow on any unit within the project. The deposit shall be accompanied by an agreement by the developer, and owner of the project if different from the developer, in a form to be approved by the city attorney, guaranteeing completion of the work.
F. Findings. The Approving Authority may not approve a request for a conversion to an industrial or commercial common interest project, unless it finds and clearly establishes that the proposed conversion conforms to the requirements of this Section, and is consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
6.08.060: Urban Lot Splits
A. Purpose. The purpose of this Section is to allow and appropriately regulate Urban Lot Splits pursuant to GC Section 66411.7.
B. Definition. For the purposes of this Section, the term " Urban Lot Split " shall mean the subdivision of an existing, legally subdivided lot into two lots pursuant to the requirements of this Section.
C. Application.
1. Only individual property owners may apply for an Urban Lot Split. " Individual property owner" means a natural person holding fee title individually or jointly in the person 's own name or a beneficiary of a trust that holds fee title. " Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
2. An application for an Urban Lot Split shall be submitted on a City application form.
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days following application submittal.
3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Development Code, pursuant to applicable law. The City council may establish and change the fee by resolution. The fee shall be paid with the application.
D. Approval.
1. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the City Engineer, without discretionary review.
2. A tentative parcel map for an Urban Lot Split shall be approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded.
A final parcel map shall be approved ministerially as well, but not until the owner demonstrates that all required documents have been recorded, such as the deed restriction and easements.
The tentative parcel map shall expire 3 months following approval.
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3. The approval shall require the owner and applicant to hold the City of Ontario harmless from all claims and damages related to the approval and its subject matter.
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. An Urban Lot Split shall satisfy each of the following requirements:
1. Subdivision Map Act Compliance.
a. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (GC Section 66410 et seq., " SMA"), including implementing requirements in this Development Code, except as otherwise expressly provided in this Section.
b. If an Urban Lot Split violates any part of the SMA, the City 's subdivision regulations, including this Section, or any other legal requirement:
(1) The buyer or grantee of a lot that is created by the Urban Lot Split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(2) The City has all the remedies available to it under the SMA, including but not limited to the following:
(a) An action to enjoin any attempt to sell, lease, or finance the property.
(b) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(c) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both, or a misdemeanor.
(d) Record a notice of violation.
(e) Withhold any or all future permits and approvals.
c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an Urban Lot Split.
2. Zoning District. The lot to be split is in a single -family residential zoning district. For purposes of this Section, the term " single-family residential zoning district " shall mean the LDR -5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.
3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
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c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or
(2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.
4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior Urban Lot Split.
b. The lot to be split is not adjacent to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this Section, the term "any person acting in concert with the owner " shall include any third -party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.
6. No Impact on Protected Housing. The Urban Lot Split shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income -restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
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Ontario Development Code Page 6.08-35 (Rev. 12.01.2020) 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.
7. Lot Size.
a. The lot to be split shall be at least 2,400 SF.
b. Each lot created by an Urban Lot Split shall be at least 1,200 SF.
c. Each lot created by an Urban Lot Split shall be between 60 percent and 40 percent of the original lot area.
8. Easements.
a. The owner shall enter into an easement agreement with each public - service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement shall be shown on the parcel map.
c. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved pursuant to subpart D.2 above.
9. Lot Access.
a. Each lot created by an Urban Lot Split shall adjoin a public street right -of- way.
b. Each lot created by an Urban Lot Split shall have frontage on the public street right-of-way of at least 20 FT.
10. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to State law and Section 5.03.403 (Two -Unit Projects) of this Development Code, or an ADU or JADU created pursuant to Section 5.03.010 (Accessory Dwelling Unit) of this Development Code.
b. Unit Size.
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(Rev. 12.01.2020) Page 6.08-36 Ontario Development Code (1) The total floor area of each primary dwelling that is developed on a lot resulting from an Urban Lot Split shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
(2) A primary dwelling that was legally established prior to the Urban Lot Split and that is larger than 800 SF is limited to the lawful floor area at the time of the Urban Lot Split and shall not be expanded.
(3) A primary dwelling that was legally established prior to the Urban Lot Split and is smaller than 800 SF may be expanded to a maximum of 800 SF after the Urban Lot Split.
c. Height Restrictions.
(1) On a resulting lot that is 2,000 SF or larger, no new primary dwelling unit may exceed one-story or 16 FT in height, measured from grade to peak of the structure.
(2) On a resulting lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two -stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an Urban Lot Split.
d. Lot Coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each.
e. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.10.e above:
(a) Existing Structures . No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(b) Cannot Preclude Construction of Two 800 -SF Units and 4 -FT Side/Rear Setbacks . The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this Development Code, dwellings that are constructed after an Urban Lot Split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and 532
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(b) Allow for vehicular and fire -safety access to the front structure.
f. Parking. Each new primary dwelling unit shall have at least one off -street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one-half mile walking distance of either:
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail transit service, or
(iii) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(2) The site is located within one -block of a permanently established car-share vehicle pickup/drop-off location.
g. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights.
(4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(5) If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street right -of-way line, then all windows and doors in that portion shall either be (for windows) c lerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
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(Rev. 12.01.2020) Page 6.08-38 Ontario Development Code h. Walls, Fences, and Obstructions.
(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division 6.02 (Walls, Fences, and Obstructions) of this Chapter.
i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter.
j. Nonconforming Conditions . An Urban Lot Split may be approved without requiring a legal nonconforming zoning condition to be corrected.
k. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider.
(2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
l. Building and Safety. An Urban Lot Split is a change of use. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards .
11. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
(1) It shall have direct access to a public street right -of-way with a paved street with a width of at least 40 FT. The public street right -of-way shall have at least two independent points of access for fire and life safety to access and for residents to evac uate.
(2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
(3) All enclosed structures on the site shall have fire sprinklers.
(4) All sides of all dwellings on the site shall be within a 150 -FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
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Ontario Development Code Page 6.08-39 (Rev. 12.01.2020) (5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this subpart E.11. The City or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application.
The applicant shall pay the City 's costs for inspection. Failure to pay is grounds for denying the application.
12. Separate Conveyance.
a. On a lot created by an Urban Lot Split:
(1) Primary dwelling units cannot be owned or conveyed separately from each other.
(2) Condominium airspace divisions and common interest
developments are prohibited.
(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners.
(4) Separate conveyance of lots created by an Urban Lot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
13. Regulation of Uses.
a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.
b. No Short Term Rentals. No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days.
c. Owner Occupancy. The applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant 's principal residence for a minimum of 3 years after the Urban Lot Split is approved.
14. Notice of Construction.
a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
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(Rev. 12.01.2020) Page 6.08-40 Ontario Development Code (1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction,
(3) The hours of construction,
(4) Contact information for the project manager (for construction - related complaints), and
(5) Contact information for the Building & Safety Department.
b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requireme nt is purely to promote neighborhood awareness and expectation.
15. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential land use of Urban Lot Split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot .
d. States that the property is formed by an Urban Lot Split and is, therefore, subject to the City's Urban Lot Split regulations, including all applicable limits on dwelling size and development.
F. Specific Adverse Impacts.
1. Notwithstanding anything else in this Section, the City may deny an application for an Urban Lot Split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact " on either public health and safety 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.
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Division 6.11—Shopping Cart Retention and Storage
Sections:
6.11.000: Purpose
6.11.005: Applicability
6.11.010: Definitions
6.11.015: Exemption
6.11.020: Mandatory Shopping Cart Retention Plan
6.11.025: Shopping Cart Retention Plan Timeline and Approval Process
6.11.030: Penalties for Failing to Submit a Shopping Cart Retention Plan
6.11.035: Notification for Retrieval of Abandoned Carts
6.11.040: Administrative Costs and Fines
6.11.045: Disposition of Carts after 30 Days
6.11.050: Unmarked Shopping Carts: Public Nuisance
6.11.055: Unmarked Shopping Carts: Destruction
6.11.060: Shopping Cart Collection and Storage Facilities
6.11.000: Purpose
Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. The accumulation of wrecked, dismantled, and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The purpose of this Division is to provide regulations pertaining to abandoned shopping carts, unmarked shopping carts, provide a requirement for a mandatory plan to prevent cart removal, and provide adequate facilities for on-site cart storage.
6.11.005: Applicability
Any business establishment in the City that provides shopping carts for use by their patrons shall develop and implement a Shopping Cart Retention Plan, which is intended to prevent customers from removing carts from their business premises and provide appropriate cart storage areas pursuant to this Division. The Shopping Cart Retention Plan shall be reviewed and approved by the Planning Director pursuant to the procedures established for ministerial permits and decisions contained in Subsection 2.02.015.C (Ministerial Permits and Decisions) of this Development Code.
6.11.010: Definitions
As used in this Division, unless otherwise apparent from the context, the words, terms, and phrases listed below, shall have the following meaning:
A. Abandoned Cart. Any cart that has been removed without written permission of the owner, or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. This provision shall not apply to cart s that are removed for the purpose of repair or maintenance.
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B. Cart. A basket that is mounted on wheels or similar devise provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to, grocery store shopping carts.
C. Owner. Any person or entity, who in connection with the conduct of a business, owns, possesses, or makes any cart available to customers or the public. For the purposes of this Division, "owner" shall also include the owner's on-site or designated agent or retailer that provides the carts for use by its customers.
D. Premises. The entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.
E. Unmarked Cart. Any cart as defined by this Division that is not identified and marked pursuant to PC Section 22435.1.
6.11.015: Exemption
Any owner that agrees to enter into a contract with a City-designated retrieval service to provide for retrieval of abandoned carts, or, individually or as part of a consortium of businesses, enters into a retrieval contract with a retrieval service that is satisfactory to the City, shall be exempt from Section 6.11.025 (Prevention Plan Timeline and Approval Process), Section 6.11.030 (Penalties for Failing to Submit a Shopping Cart Retention Plan), and Section 6.11.035 (Notification for Retrieval of Abandoned Carts), below.
6.11.020: Mandatory Shopping Cart Retention Plan
Every business owner shall develop and implement a Shopping Cart Retention Plan for all businesses that utilize shopping carts for use by business patrons, to prevent customers from removing carts from the business premises. Every Shopping Cart Retention Plan shall include the following elements:
A. Required Signs on Carts. Every cart owned or provided by any business establishment in the City shall have a sign permanently affixed to it that contains all of the following information:
1. Identifies the owner of the cart or the name of the business establishment, or both;
2. Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
3. Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of State law; and
4. Lists a valid telephone number to contact to report the location of the abandoned cart or lists an address for returning the cart to the owner or business establishment.
B. Required Signs on Property. Signs shall be placed in pertinent places near door exits and near parking lot exists that notify customers that cart removal is prohibited and constitutes a violation of State and local law.
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C. Physical Measures.
1. New development, an increase of more than 10 percent in GFA, or the major alteration or remodel of any building occupied by, or proposed to be occupied by, retail commercial uses providing 10 or more shopping carts for use by business patrons, shall install and maintain in good working order, an electronic barrier system at the perimeter of the business site, which, when crossed by a shopping cart, will disable the cart, thereby preventing its removal from the site. Alternate cart retention methods that wou ld achieve the same outcome may be considered by the Planning Director.
2. New and existing businesses providing less than 10 shopping carts for use by patrons, may be required to implement specific physical measures to prevent shopping cart removal from the business premises. These measures may include one or more of the following:
a. Installation of disabling devices on all carts;
b. Posting of a security guard to deter and stop customers who attempt to remove carts from the premises;
c. A decorative bollard and chain system or decorative fencing installed around the business premises to prevent cart removal;
d. Security deposits required for the use of all carts; and/or
e. The rental or sale of carts that can be temporarily or permanently used for the transport of purchases.
6.11.025: Shopping Cart Retention Plan Timeline and Approval Process
The Shopping Cart Retention Plan shall be submitted for approval by the City within 60 days after adoption of this Division, and each time the plan is proposed to be amended. If a new Plan is submitted, the proposed measures shall be implemented no later than 30 days after City approval is given. The prevention measures shall be continued until and unless the City indicates that measures need to be modified. Unless otherwise agreed, any modifications to the Plan imposed by the City shall be implemented within 30 days after the City notifies the retailer of the needed modifications.
6.11.030: Penalties for Failing to Submit a Shopping Cart Retention Plan
Any owner that fails to submit a Shopping Cart Retention Plan, implement the proposed Plan measures, or implement any required modifications to the Plan by the City within the periods specified in this Division, shall be subject to a $1,000 civil penalty, plus an additional penalty of $50 for each day of noncompliance.
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6.11.035: Notification for Retrieval of Abandoned Carts
Pursuant to BPC Section 22435.7, the City shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City within 24 hours of impoundment. The owner shall have 3 business days from the date that notification is give n to retrieve carts from the City.
6.11.040: Administrative Costs and Fines
Pursuant to BPC Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within 3 business days after receiving notice from the City, shall pay the City 's administrative costs for retrieving the cart(s) and providing the notification to the owner. Any owner who fails to retrieve abandoned carts in accordance with this Division in excess of 3 times during a 6 -month period shall be subject to a $50 fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the City in a one-day period.
6.11.045: Disposition of Carts after 30 Days
Pursuant to State law, any cart not reclaimed from the City within 30 days after notification to the owner, shall be sold or otherwise disposed of by the City.
6.11.050: Unmarked Shopping Carts: Public Nuisance
Any unmarked shopping cart is hereby declared a public nuisance if:
A. It is left unattended on a public right-of-way or other public property;
B. It is left unattended on any private property at a location that will impede emergency services;
C. It is left unattended on the front or side setback of any private property without the owner's or occupant's permission; or
D. It is left on private property where it may be viewed from the public right -of-way or adjacent properties for more than 24 hours after the occupant, if any, and the owner of the property has received written notice which states that if the shopping cart is not removed from public view, it will be impounded by the City and may be sold or otherwise disposed of by the City.
6.11.055: Unmarked Shopping Carts: Destruction
Any carts found to be unmarked as defined by this Division, and has been impounded by the City, shall be destroyed without any further notice other than as specified in Subsection 6.11.050.D of this Division.
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6.11.060: Shopping Cart Collection and Storage Facilities
Shopping cart storage facilities shall be provided for commercial- retail uses, including, but not limited to, automotive parts and supplies, food and beverage stores, health and personal care stores, general merchandise stores, and other miscellaneous reta il stores, for 3 separate and distinct purposes: [1] the overnight or long -term storage of shopping carts; [2] the distribution of shopping carts to patrons as they enter the business; and [3] stations for the collection and storage of shopping carts within off-street parking facilities.
A. The Overnight or Long-Term Storage of Shopping Carts.
1. Facilities for the overnight or long -term storage of shopping carts shall be located within the building of the business they serve, or outside, within screened areas. Outside overnight shopping cart storage areas shall be screened and secured by a minimum 3-FT high decorative masonry wall, with a decorative cap, in combination with landscaping. The wall shall be designed to be architecturally consistent with the design of the adjacent building(s).
2. The minimum size, design, and location of overnight shopping cart storage areas shall be subject to Planning Director approval.
B. Stations for the Collection and Storage of Shopping Carts within Off-Street Parking Facilities (Shopping Cart Corrals). Shopping cart corrals shall be provided within off -street parking facilities and shall be distributed throughout parking lots for convenient access by business patrons.
1. At a minimum, shopping cart corrals shall be defined by a landscaped planter on at least two opposing perimeter sides, minimum 3 FT in width, bordered by a raised 6-inch concrete curb, which shall be planted and maintained with a hedgerow that will be allo wed to grow to a minimum height of 3 FT for the purpose of screening shopping carts. The paving at the corral entrance shall be slightly raised to keep shopping carts confined within the corral. Within the required planter area, the construction of a 3 -FT high decorative masonry wall with a decorative cap is encouraged, to provide further screening. The use of pipe corrals shall not be permitted.
2. Shopping cart corrals shall be distributed throughout the off -street parking area.
The minimum number, dimensions, and locations of shopping cart corrals shall be determined by the Planning Director.
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546
Chapter 8.0:
Sign Regulations
Division 8.01—Sign Regulations
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Ontario Development Code Page 8.01-1 (Rev. 12.03.2024)
Division 8.01—Sign Regulations
Sections:
8.01.000: Purpose
8.01.005: Applicability
8.01.010: Exempt Signs
8.01.015: Prohibited Signs
8.01.020: Sign Standards
8.01.025: Design Guidelines
8.01.000: Purpose
A. The regulations set forth by this Division contain the primary tools for implementing the sign policies, standards, and regulations of the City pursuant to the provisions of the State Outdoor Advertising Act (BPC Section 5200 et seq.), and other applicable state and local requirements, and prescribe standards for the type, placement, size, number, height, and illumination of signs in order to achieve the following purposes:
1. Maintain the attractiveness and orderliness of the City 's appearance by avoiding sign clutter;
2. Protect agricultural, residential, commercial, industrial, civic, open space and utilities, from the loss of visual prominence resulting from excessive signing on nearby sites;
3. Protect public and private investment in buildings and open spaces;
4. Protect residentially zoned areas lying adjacent to commercial and industrial areas from the negative effects of excessive signs;
5. Enable users of goods and services to identify establishments offering services to meet their needs;
6. Encourage sound signing practices as an aid to business and inform the public, but to prevent excessive and confusing sign displays;
7. Regulate the number, size, height, and location of signs according to standards consistent with the types of establishments in each zoning district;
8. Promote traffic safety through appropriate and reasonable controls on signs;
9. Promote the public health, safety, and welfare by regulating and controlling all matters relating to signs; and
10. Protect the health, safety, and welfare of City residents from hazards resulting from improper, excessive, distracting and otherwise unsafe signage.
B. It is the determination of the City Council that a sign is intended to serve primarily to identify the general nature of an establishment, or to direct attention to a product, activity, place, person, organization or enterprise. The City Council further determines that as identification devices, signs should not subject the citizenry to excessive competition for their visual attention, and as 549
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appropriate identification devices, signs should harmonize with the building or activity they serve, the neighborhood in which they are located, and other signs within the surrounding area and in the same zoning district.
C. The installation of signs that improve the appearance of a building and neighborhood is encouraged. As such, The City Council hereby promotes the use of artistry and innovation in the design of signs is decidedly encouraged.
8.01.005: Applicability
A. No sign , including copy change or a temporary sign, shall be approved and a permit therefore issued, except in conformance with the requirements of Table 2.02 -1 (Review Matrix) and Section 4.03.020 (Sign Plans) of this Development Code, and the requirements of this Division.
B. No sign shall be erected, constructed, attached, affixed, or maintained on any property, except in conformity with the provisions of this Division, and expressly exempted by the provisions of Section 8.01.010 (Exempt Signs) of this Division.
C. It shall be illegal to use, occupy, or maintain property in violation of this Division. Any violation or failure to comply with the provisions of this Division shall render a person guilty of such violation, punishable in accordance with OMC Title 1, Chapter 2 (Penalty Provisions).
8.01.010: Exempt Signs
No sign, including copy change or a temporary sign, shall be placed, installed, constructed, displayed, or altered without a Sign Plan approved by the City pursuant to Section 4.03.020 (Sign Plans) of this Development Code, excepting the following:
A. Official Notices. Any sign, posting, notice or other indication used exclusively to display official notices, notices of any court or public office, or posted by a public officer in the performance of a public duty, or required by a public entity in carrying out its responsibility to protect the public health, safety or welfare, or otherwise required by law.
B. Street and Traffic Control Signs. Street name and traffic control signs, directional signs, informational signs of a public or semi-public nature, historical markers placed by a governmental or non -profit organization, and railroad crossing, danger, or other emergency warning signs, provided that no individual sign exceeds 4 SF in area.
C. Directional Signs. Signs guiding and directing traffic in parking lots and facilities, provided that no individual signs exceed 4 SF in area and 4 FT in height.
D. Public Convenience Signs. Signs showing the location of public restrooms, telephones, other public conveniences, and underground utilities, provided no individual sign exceeds 2 SF in area.
E. Business Hours, Emergency Phone Numbers, Honoring Credit Cards, and Association Membership Signs. Signs indicating business hours, emergency phone numbers, honoring credit cards, association memberships and similar types of sign, provided no individual sign exceeds one SF in area and the total area of all such signs does not exceed 4 SF.
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F. Interior Signs. Signs located entirely within a building, structure or complex of buildings, which are not visible from a public street or from other adjacent properties.
G. Menu Boards for Drive -In, Drive -Through, and Walk -Up Restaurants. Menu boards not exceeding 36 SF in area and 6 FT in height for drive-in, drive-through, and walk-up restaurants, not to exceed 2 menu boards per restaurant.
H. Building Plaques. The names of buildings and dates of erection and dedicatory, memorial or historical plaques not exceeding 4 SF in area, which are constructed of bronze or other nonflammable material.
I. Political Signs. Political campaign signs installed pursuant to Subsection 8.01.025.J (Political Signs) of this Division.
J. Posters and Bulletin Boards. Temporary posters on private property, not exceeding 4 SF in area, which are located in windows or on bulletin boards, advertising benefit activities and events sponsored by local nonprofit organizations.
K. Holiday Lights and Displays. Holiday lights and displays that do not advertise any business establishment, product, or other commercial activity, limited to 30 days within any 60-day period.
L. Real Estate and Construction Signs. Temporary real estate and construction signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
M. Home Occupation Signs. Signs attached to the exterior wall of a dwelling, at or near the building entrance, which identify a legally established home occupation conducted therein, not to exceed one sign per dwelling, maximum 18 inches square in size, and mounted at eye level, no higher than 6 FT above finished floor of the dwelling, measured at the top edge of the sign.
8.01.015: Prohibited Signs
The following signs and circumstances are expressly prohibited within the City, except as otherwise provided by this Division:
A. Any sign not specifically allowed by this Division; however, nothing in this Division shall be construed to prohibit any sign, notice, or advertisement required by Federal, State, or local laws.
B. Billboards, including vehicle -mounted billboards (roving or stationary), excepting [i] billboards established pursuant to a Billboard Relocation Agreement, implemented pursuant to Section 4.02.010 (Billboard Relocation Agreements) ; and [ii] billboards located within the ONT zoning district, established pursuant to the requirements of Table 8.01 -1 (Sign Regulations Matrix) of this Development Code.
C. Rotating, revolving, or otherwise moving signs designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign, including rotation, special lighting or wind actuated devices, and signs that flash, blink or reflect light by means of a glossy, polished, or mirrored surface, excepting barber poles, time and temperature signs, and electronic message displays allowed pursuant to Paragraph C.3 (Electronic Message Displays) of this Section.
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D. Searchlights, open flames, or loudspeakers used to call attention to a product, service or property.
E. Signs that float in the air, such as signs affixed to, or printed on, hot air balloons, helium balloons, or kites, inflated signs, and any other type of aerial sign, except as temporary signs or displays allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
F. Banner signs, except as temporary promotional or special event signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
G. Signs that emit or amplify any sounds or noise.
H. Signs illuminated by lighting that changes in color or intensity of color, excepting electronic message displays allowed pursuant to Paragraph C.3 (Electronic Message Displays) of this Section.
I. Signs that generate particulate matter, including but not limited to, bubbles, smoke, fog, confetti or ashes.
J. Swooper signs, except as temporary promotional or special event sign s allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
K. Signs placed on, affixed to, or erected on or over public rights -of-way, excepting street banners allowed pursuant to Subsection 8.01.025.G (Street Banner Program and Street Banners) of this Division.
L. Signs that identify or advertise a product or service not available on the premises, excepting offsite real estate signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
M. Signs erected on roofs, or that project above the eave, parapet line or roofline, or above a canopy of a building.
N. Internally illuminated signs with a directly exposed source of light.
O. Lit borders consisting of neon or LED fixtures, which are affixed around the interior or exterior perimeter of windows, excepting holiday and/or seasonal lights and displays allowed pursuant to Subsection 8.01.010.K of this Division.
P. Externally illuminated signs where the source of light is directly visible to pedestrians or vehicular traffic.
Q. Signs that emit or reflect light by means of direct fluorescence, phosphorescence, or "day- glow" colors.
R. Signs that obstruct the visual lines of sight at corners or intersections for drivers of motor vehicles.
S. Signs that may obstruct the free use of any exit, entrance, window, vent, emergency access, fire lane, fire hydrant, or standpipe.
T. Signs that may interfere with, obstruct, confuse, or mislead pedestrian or vehicular traffic.
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U. Any sign illumination that, in the opinion of the Zoning Administrator, exhibits undue glare.
V. Signs affixed to trucks, automobiles, trailers or any other vehicle that advertise, identify, or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise, or rendering of services from such vehicles.
W. Parking of legitimate delivery, sales, or service vehicles in an off -site location, or on -site, within a parking lot adjacent to a public street for the purpose of advertising.
X. Any sandwich board, "A" frame sign, or other portable sign, except as temporary signs or displays allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
Y. Signs affixed to, or painted on, a rock, tree, or any other natural feature.
Z. Changeable copy signs, excepting electronic message displays allowed pursuant to Paragraph 8.01.020.C.3 (Electronic Message Displays) of this Division, and those changeable copy signs specifically allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
AA. Any sign having a dimension in excess of 1.5 FT in height and 1.5 FT in width, which identifies a home occupation.
BB. Any sign consisting of several sheets of paper connected together by perforations, tape, staples or any other means.
CC. Signage painted on the exterior walls or fascia of a building or structure.
DD. Supergraphics.
EE. Human signs, including human billboards, human directionals, and sign walkers , wavers and twirlers (holding or wearing a sign, or the act of spinning or dancing while holding or wearing a sign, or wearing a costume, in order to attract attention).
8.01.020: Sign Standards
A. General Regulations.
1. No sign shall be placed on private property, including vacant property, without written authorization from the owner or the occupant, and approval of plans by the City, pursuant to the provisions of Section 4.03.020 (Sign Plans) of this Development Code.
2. No sign shall be placed on public property or within the public right-of-way without written City approval. Signs placed on public property or in the public right-of-way without specific approval, shall be deemed illegal and shall be abated pursuant to the provisions of Section
3.02.015 (Illegal Signs) of this Development Code.
3. Creative and imaginative signage is strongly encouraged and is the standard by which Sign Plan applications will be judged, together with the specific architectural style of adjacent buildings.
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4. There are many acceptable sign treatments that may be used; however, a mixed media, three -dimensional approach, which incorporates a combination of fabrication and lighting techniques, is preferred.
5. Consider [i] the overall concept of the project a proposed sign will serve, [ii] the scale of the proposed sign, and [iii] the critical viewing angles and sight lines when designing appropriate graphics and signs for site and storefront installations.
6. A sign shall be located on the same site as the use, activity, or structure it identifies, except as otherwise expressly permitted by this Division.
7. No sign shall resemble a traffic safety or control device or, by intensity of illumination, location or design, impair the vision of, or create a hazard for, motorists on a public street or highway.
8. Lateral and columnar sign supports are to be designed to be architecturally integrated with the building to which it is attached, or so that required bracing, including but not limited to, angle irons, guy wires, cables or other appurtenances, shall not be exposed to public view.
9. All signs shall be constructed to conceal conduits and raceways, exposed wiring, and electrical appurtenances.
B. Sign Regulations.
1. Sign Regulation Matrix. Table 8.01-1 (Sign Regulation Matrix) of this Division, identifies the sign classification, type, number, location, area, height, length, allowed within each zoning district of the City, along with any applicable special regulations. The standards contained in the Sign Regulation Matrix are maximums, unless otherwise stated. The maximum standard established by Table 8.01- 1 (Sign Regulation Matrix) may be reduced by the Approving Authority in cases when the Approving Authority can cle arly establish by written decision that that implementation of the maximum standard would:
a. Adversely affect the public health, safety or welfare; or
b. Result in a sign design and/or placement inconsistent with the requirements of this Section; or
c. Be contrary to the aesthetic sensibilities of the neighborhood in which the sign is proposed.
2. Downtown Ontario Design Guidelines . The Downtown Ontario Design Guidelines, included as Reference "C" of this Development Code, establishes a set of architectural, graphic, and lighting design principles for the rehabilitation of properties within the City 's historic original downtown area (project area). Signs proposed within the project area shall be subject to the sign requirements contained within the Downtown Ontario Design Guidelines. The affected 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.
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Ontario Development Code Page 8.01-7 (Rev. 12.03.202407.01.2025)
Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations A. ALL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Construction Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT No restriction. [1] Signs shall be nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit,
or final Building Department
inspection.
b. Off-Site Residential
Subdivision Signs
Number and location subject
to Planning Director
approval; however, a sign
shall not be located more
than 600 FT from any other
Off-Site Residential
Subdivision Sign location.
35 SF Sign: 7 FT (overall)
Business Panel Signs : 10
inches (each)
Panel: 5 FT (each) [1] The design, construction
materials, and color scheme
of Off- Site Residential
Subdivision Signs shall be
pursuant to an Off -Site
Residential Subdivision Sign
Program approved by the
Planning Director. No more
than 6 sign panels shall be
affixed to any one structure.
[2] Each sign panel may only
contain the name of the
residential subdivision and a
directional arrow.
[3] The placement of Off-Site
Residential Subdivision Signs
within the public right-of-way
shall be subject to approval
of an encroachment permit
by the City Engineer.
[4] No flags, balloons,
pennants, or other riders or
decorations are permitted.
The illumination of Off -Site
Subdivision Signs is not
permitted.
[5] Signs shall not advertise
residential subdivisions
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations located outside of the city
limits.
[6] Individual directional
panels shall be allowed to
remain until such time that
the respective subdivision is
sold-out.
[7] It shall be unlawful for any
person to place or erect an
Off-Site Residential
Subdivision Sign, except in
conformity with the herein
stated provisions
[8] The City Council may by
resolution, authorize the
administration of an Off -Site
Residential Subdivision Sign
Program by one or more
organizations of its choosing.
c. Off-Site Business
Signs
Number and location subject
to Planning Commission
approval.
35 SF Sign: 7 FT (overall)
Business Panel Signs : 10
inches (each)
Business Panel Signs : 5 FT
(each)
[1] A maximum of 2 Off -Site
Business Signs may be
permitted for a business, or
group of businesses, when
the Planning Commission
can make each of the
following findings:
Five or more businesses
are affected by the same
special circumstances;
and
Special circumstances
exist which adversely
affect the businesses,
such as temporary
closure of a public street,
which provides main
access to the businesses.
[2] The design, construction
materials, and color scheme
of an Off -Site Business Sign
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations shall be subject to approval
by the Planning Commission.
[3] No more than 6 business
panel signs shall be affixed to
any one structure.
[4] The placement of Off-Site
Business Signs within the
public right- of-way shall be
subject to approval of an
encroachment permit by the
City Engineer.
[5] No flags, balloons,
pennants, or other riders or
decorations are permitted.
The illumination of Off -Site
Business Signs is not
permitted.
[6] It shall be unlawful for any
person to place or erect an
Off-Site Business Sign, except
in conformity with the herein
stated provisions.
[7] An Off -Site Business Sign
shall be removed within 30
days following the special
circumstances that allowed
the sign, ceases to exist.
[8] No otherwise eligible
business shall be allowed an
Off-Site Business Sign until all
illegal signs associated with
such businesses are
removed.
d. Political Signs Refer to Paragraph
8.01.020.K (Political Signs) of
this Division for political sign
regulations.
e. Street Banners Pursuant to Subsection
8.01.020.G (Street Banners
No restriction. No restriction. No restriction. Comply with the requirements of Subsection
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and Street Banner Programs)
of this Division.
8.01.020.G (Street Banners
and Street Banner Programs)
f. Large Public
Notification Signs
Refer to Division 2.03 (Public
Hearings), Paragraph
2.03.010.C.4 (Supplemental
Public Noticing Requirements
– Posting) for large public
notification sign regulations.
2. Permanent Signs
a. Address Signs One wall sign and rooftop
sign per building or divided
tenant space.
Street addresses shall be
posted pursuant to
Subsections 6.06.020.B
(Posting of Street Address
Numbers) and D (Posting of
Rooftop Address Numbers) of
this Development Code.
b. Directional Signs Pole, monument, or wall sign. 4 SF per sign face. Pole or monument signs shall not exceed 64 FT in height.
Signs shall be for the purpose
of serving the public safety or
convenience (e.g., signs
such as "parking," "entrance,"
"exit" and the like). The sign
may include the name/logo
of the business it serves.
c. Directory Signs Monument or wall sign. The
number and location shall be
at the discretion of the
Planning Director.
6 SF per sign face. 6 FT Directory signs should include a plot plan showing all
private drives and roads,
building locations with unit
numbers and addresses, and
fire hydrant locations. The
directory should also include
a reference point on the plot
plan indicating the location
of the directory and a north
arrow.
d. Government Flags
and Emblems
No restrictions. No restriction. No restriction. No restriction. Includes flags or emblems of the United States of America,
the State of California, the
County of San Bernardino
and the City of Ontario.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations e. Wall Murals Murals shall be original, non -
commercial works of art;
uniquely designed for the
specific location it is
proposed. Ideally, murals
should depict the historic
character of the community
or reflect Ontario 's
environmental setting.
There is no maximum allowed
sign area; however, murals
must complement the scale
and architectural features of
the building on which they
are located.
No restriction. No restriction. [1] Murals are intended to enhance the quality of the
area in which it is located,
and the community as a
whole. They should not serve
to direct attention to a
specific business, product, or
service.
[2] Wall murals may be
approved by the Planning
Commission, upon
consideration of the
following:
Compatibility of the
design with the
immediate environment
of the site;
Appropriateness of the
design and size to the
function of the site;
Compatibility of the
design and location
within a unified theme;
and
Appropriateness of the
design as a public work of
art. The design may
portray, but not be limited
to, a cultural, historical, or
scenic subject.
B. RESIDENTIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs
(signs identifying properties
and dwellings for resale)
One freestanding sign per
lot, which identifies a
property as "For Sale, " " For
Lease" or "For Rent."
8 SF per sign face.
4 SF per sign face.
5 FT
3 FT
[1] Only nonilluminated signs
shall be allowed.
[2] A sign identifying a
property for sale/lease/rent
shall be removed within 5
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations One on-site freestanding sign
per event, which identifies an
"Open House."
Four off -site freestanding
directional signs, which
identifies the location of an
"Open House" event.
4 SF per sign face.
3 FT
days following the close of
escrow.
[3] Open House" signs shall be
allowed as follows:
Signs may be placed
between the hours of
8:00 AM and 8:00 PM, on
Friday, Saturday, Sunday,
and legal holidays;
Off-site directional signs
shall be located no
farther than 0.5-mile from
the Open House
location;
Signs shall not be placed
on the public sidewalk;
and
No flags, balloons,
pennants, or other sign
riders or decorations shall
be used.
b. Subdivision Sales
Offices and Model Home
Gran Openings < 5 acres
One freestanding or wall sign
per subdivision.
32 SF per sign face. 12 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 30 days following the
sale of the last unit in the
complex.
[3] No flags, balloons, or
pennants shall be used.
c. Subdivision Sales
Offices and Model Home
Grand Openings > 5 acres
One freestanding or wall
signs per street frontage of a
subdivision, not to exceed a
total of 3 signs.
32 FT per sign face. 12 FT
2. Permanent Signs
a. Single-Family Signs
Subdivision Signs One monument sign or wall
sign per subdivision, located
at the subdivision entry or at
major intersecting boundary
streets.
12 SF per sign face. 4 FT (freestanding) [1] Only nonilluminated signs shall be allowed.
[2] The Planning Director may
implement measures to
ensure sign maintenance,
such as the establishment of
a homeowners association
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and the recordation of
appropriate CC&Rs with the
San Bernardino County
Recorder's office, or other
suitable measures.
Home
Occupation Signs
One wall sign per dwelling,
located at or near the
building entrance.
2.25 SF 1.5 FT 1.5 FT Home occupation signs shall
be mounted at eye level, no
higher than 6 FT above
finished floor of the dwelling,
measured at the top edge of
the sign.
b. Multiple-Family
Signs
Complex Signs One monument sign or wall
sign per street frontage.
24 SF per sign face. 6 FT (freestanding) [1] Signs shall be nonilluminated.
[2] Wall signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
[3] Monument signs shall
comply with Paragraph
8.01.020.C.1 of this Division.
Site Directory
Signs
One monument or wall site
directory sign per vehicle
entry.
12 SF per sign face. 6 FT (freestanding)
c. Institutional User
Signs (e.g., day care
facilities, religious assembly,
schools, etc.)
Wall Signs: One sign per street
frontage, not to exceed 2
signs per building.
Monument Signs: One sign
per street frontage.
Wall Signs: 24 SF per building
elevation.
Monument Signs: 24 SF per
sign face.
Wall Signs : 2 FT maximum
alphanumeric character
height.
Monument Signs: 6 FT
Wall Signs : Not to exceed
80% of the elevation width
upon which the sign is
located.
Wall Signs: Signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
Monument Signs: Signs shall
comply with Paragraph
8.01.020.C.1 of this Division.
C. COMMERCIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT [1] Signs shall be
nonilluminated.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area, excepting within the
area covered by the
Downtown Ontario Design
Guidelines ( see Reference
"C" of this Development
Code for applicable
standards).
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
< 8.000 SF of
tenant GFA
One wall-mounted banner
per tenant.
50 SF per sign face. 3 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening .
A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year. Periods
may be used consecutively.
[3] Holiday Retail Sales .
Holiday Retail Sales
> 8,000 SF of
tenant GFA
One wall-mounted banner
per tenant.
75 SF per sign face. 5 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph
5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
[5] Amusement and/or
Sporting Events. Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[7] Charitable and Fund
Raising Events . Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations be allowed temporary
signage during the specified
"holiday periods, " and the
specified "additional events"
for which a Temporary Use
Permit has been issued.
2. Permanent Signs
a. Wall Signs
Retail: Businesses
Occupying > 100,000 SF
One primary wall sign per
building elevation, not to
exceed 3 signs , plus 2
descriptor signs.
200 SF per building elevation. Primary Signs : 6 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
Retail: Businesses
Occupying 50,000 SF to
99,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs , plus 2
descriptor signs.
175 SF per building elevation. Primary Signs : 5 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying 20,000 SF to
49,999 SF
One primary wall sign per
building e levation, not to
exceed 3 signs, plus 2
descriptor signs.
150 SF per building elevation. Primary Signs : 4 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 1.5 FT for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying 8,000 SF to
19,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs, plus 2
descriptor signs.
100 SF per building elevation. Primary Signs : 3 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs: 12 inches for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying < 8,000 SF
One wall sign per building
elevation, not to exceed 3
signs.
50 SF per building elevation. Alphanumeric Characters: 2 FT.
Logos/Icons: 4 FT.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations Office: Multiple-
Story Building Identification
One wall sign per building
elevation, not to exceed 2
signs.
100 SF per building elevation. 3 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Signage shall be limited to
identification of the building,
and not individual tenants.
Office: Multiple
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs.
50 SF per building elevation. 2 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] A maximum of 2 tenant
identification signs shall be
permitted regardless of the
number of tenants
contained within the
building.
Office: Single
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs. Alternately, for multiple
tenant buildings, one
nameplate may be provided
for each tenant (2
nameplates may be
provided for end/corner-unit
tenants).
Wall Signs: 50 SF.
Nameplates: 15 SF.
Wall Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Nameplates: 1.5 FT for
nameplates and 12 -inches
for alphanumeric characters
and graphic logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Nameplates shall not be
illuminated.
b. Monument Signs
Commercial
Center Identification Signs
One monument sign for
each 500 FT (lineal) of street
frontage, with a minimum
300 FT spacing between
signs.
50 SF per sign face. 7 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
Building
Identification Signs (not a
part of a center or complex)
One monument sign per
street frontage.
36 SF per sign face. 6 FT
c. Directional Signs
(On-Site)
Freestanding directional
signs (on -site only) shall be
permitted as determined
appropriate by the Planning
Director.
5 4 SF per sign face 5 4 FT The design of directional
signs shall be consistent with
the architectural design of
the buildings they serve.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations d. Freeway Signs [1] One sign per parcel
having a minimum of 600 FT
of freeway frontage and is
developed as a single entity.
[2] Two signs per parcel
having a minimum of 1,800 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
[3] Three signs per parcel
having a minimum of 3,000 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
150 SF per sign face. 35 FT maximum; however,
the height may be increased
to 45 FT if the site is at least 10
FT lower than the freeway
finish surface.
No sign face shall exceed 25
FT in any direction.
[1] Comply with Paragraph
8.01.020.C.2 (Freeway Signs)
of this Division.
[2] No advertising display
shall contain flashing,
intermittent, or moving lights,
other than that part
necessary to give public
service information,
including, but not limited to,
the time, date, temperature,
weather, or similar
information, or an Electronic
Message Display that
complies with Paragraph
8.01.020.C.3 (Electronic
Message Displays) of this
Division.
D. MIXED-USE ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection F (Standards for Specialty Signs) of this Table) All Signs Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table; and rely upon the sign standards for commercial land uses established by Subsection C (Commercial Zoning Districts) of this Table
E. INDUSTRIAL ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT. [1] Signs shall be
nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
One wall-mounted banner
per tenant.
One-half the area allowed
for permanent tenant
identification signage, not to
exceed 50 SF.
Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening .
A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year . Periods
may be used consecutively.
[3] Holiday Retail Sales .
Holiday Retail Sales
established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph
5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [5] Amusement and/or
Sporting Events. Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[7] Charitable and Fund
Raising Events . Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
be allowed temporary
signage during the specified
"holiday periods, " and the
specified "additional events"
for which a Temporary Use
Permit has been issued.
2. Permanent Signs
a. Wall Signs
Businesses
Occupying > 250,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
250 SF per wall sign Wall Signs : 6 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations lot, not to exceed 2 signs per
tenant.
Businesses
Occupying 249,999 SF to
100,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
200 SF per wall sign Wall Signs : 5 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying 99,999 SF to
50,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
150 SF per wall sign Wall Signs : 4 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying 49,999 SF to
20,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
100 SF per wall sign Wall Signs : 3 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying < 20,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
50 SF per wall sign Wall Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
[b] Monument Signs
Industrial Park,
Center or Complex
Identification Sign
One sign per street frontage,
not to exceed 2 signs.
36 SF per sign face. 6 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
Single or Multiple-
Tenant Building Identification
Signs—Not a Part of a Park,
Center or Complex
One sign per street frontage,
not to exceed 2 signs.
36 SF per sign face. 6 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
F. SPECIAL USE ZONING DISTRICTS (excepting those "Specialty Signs" listed in Subsection F (Standards for Specialty Signs) of this Table) 569
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations
1. Agriculture Residential Uses: Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
Retail Commercial and Office Uses: Rely upon the sign standards for retail commercial and office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
Industrial Uses: Rely upon the sign standards for single -family residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
2. Civic Rely upon the sign standards for office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
3. Mobile Home Park One monument sign per
street frontage.
24 SF per sign face. 6 FT [1] Non-illuminated or
indirect illumination only.
[2] Signs shall not be located
within a required setback
area.
4. Ontario International
Airport
a. Temporary Signs
Real Estate Signs One freestanding or wall
sign per parcel.
24 SF per sign face. 7 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit,
or final Building Department
inspection.
Window Signs
and Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building that are
located within 3 FT of a
storefront window and are
visible from the building
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations exterior shall be deemed a
window sign.
On-Site Signs and
Banners
One wall-mounted sign or
banner per business.
50 SF per sign face.
b. Permanent Signs
Wall Signs As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Monument Sign As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Wayfinding and
Directional Signs
As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Billboards Three LED signs and three
static message signs.
LED Signs : 675 SF per sign
face.
Static Signs : 250 SF per sign
face.
Total Sign Area : The
combined area of all
billboard signs shall not
exceed 2,500 SF.
LED Signs: 35 FT
Static Signs: 35 FT
LED Signs: 48 FT
Static Signs: 11 FT
All billboard signs shall be
located in close proximity to
the terminals and/or rental
car area of the airport.
5. Open Space—
Cemetery
As determined appropriate by the Planning Director.
6. Open Space—
Recreation
As determined appropriate by the Planning Director.
7. Rail Corridor As determined appropriate by the Planning Director.
8. Utilities Corridor As determined appropriate by the Planning Director.
G. STANDARDS FOR SPECIALTY SIGNS (Note: The below-listed standards are for the placement of permanent signs. Refer to the general zoning district standards contained in this table for the standards for temporary sign standards)
1. Fuel Sales (Service
Stations) Signs
a. Wall Signs One primary wall sign per
building elevation, not to
exceed 3 signs.
50 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Not to exceed 80% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations b. Fuel Island Canopy
Sign
One fuel island canopy sign
per elevation, not to exceed
2 signs.
16 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic logos/icons
may be installed in place of
alphanumeric characters.
4 FT graphic logos/icons in
place of alphanumeric
characters.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
c. Fuel Pump
Identification
One logo/icon identification
sign per fuel pump face, not
to exceed 2 signs per pump.
2.25 SF 1.5 FT graphic logo/icon
d. Monument Signs One monument fuel pricing
sign per street frontage.
[1] 25 SF per sign face.
[2] 50 SF per sign face, when
combined with business
identification signage.
7 FT Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
2. Drive-Thru Restaurant
Signs
a. Wall Signs One wall sign per building
elevation, not to exceed 3
signs.
25 SF per sign face. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
b. Menu Boards One pre -order board and
one order board per
business.
36 SF per sign face. 6 FT (freestanding)
c. Monument Signs One monument sign per
business.
50 SF per sign face. 6 FT Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
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Ontario Development Code Page 8.01-25 (Rev. 12.03.2024) C. Freestanding Signs. The following requirements apply generally to the design and placement of freestanding signs, including monument signs and freeway signs, and the use of electronic message or text display:
1. Monument Signs. Any freestanding sign that identifies: [i] a residential subdivision; [ii] a multiple-family or mixed-use development project; [iii] an individual building on an individual lot containing one or more nonresidential uses; or [iv] a center or complex consisting of 2 or more buildings containing one or more nonresidential uses per building, shall be designed as a monument sign, which complies with the following:
a. Table 8.01-1 (Sign Regulation Matrix) of this Division establishes the number, location, area, height, and additional regulations applicable to monument signs.
b. The minimum letter height shall be 8 inches.
c. Monument signs for centers/complexes shall be limited to the display of the name of the center/complex and the identification of a maximum of 7 tenants within the center/complex.
d. Monument signs shall have a maximum of 2 sign faces.
e. Monument signs may be oriented toward arterial, collector and/or local streets, or private drives, and shall not be oriented toward freeways.
f. No monument sign shall be located within a public right -of-way and must be wholly located behind the right-of-way line (street property line) for its full height. Furthermore, such signs shall be located a minimum of 10 FT behind the adjacent curb face (public and private streets).
g. A monument sign shall be located a minimum of 30 FT from a monument sign on an adjacent lot, and a minimum of 5 FT from an interior property line or driveway that intersects a public street.
h. Monument signs shall contain an address (or range of addresses) identifying the property on which the sign is located. Address numbers shall be a minimum of 6 inches in height and shall be clearly visible from the adjacent public street. The area of the ad dress numerals shall not be calculated against the allowed sign area.
i. Unless otherwise specifically prohibited by Table 8.01 -1 (Sign Regulation Matrix) of this Division, a monument sign may be internally or externally illuminated , provided that the illumination is not harsh or overly bright. Signs shall consist of individual letters/characters affixed to an opaque, matte finished background. The sign background shall not be internally illuminated; only letters/characters shall be internally illuminated.
2. Freeway Signs. Freeway signs may be allowed on lots with property lines that are common with the right -of-way of Interstate 10, Interstate 15, or State Route 60 freeways, which have at least 600 linear FT of freeway frontage, and are subject to the following:
a. Table 8.01- 1 (Sign Regulation Matrix), above, establishes the number, location, area, height, and additional regulations applicable to freeway signs.
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Division 8.01—Sign Regulations
(Rev. 12.03.2024) Page 8.01-26 Ontario Development Code b. The maximum vertical or horizontal dimension of any freeway sign display surface is 25 FT.
c. A freeway sign shall be placed a minimum of 600 FT from any other freeway sign on the same property or on an adjacent property and shall be placed no further than 40 FT from the freeway right-of-way.
d. Freeway signs shall consist of no more than 2 faces unless alternative configurations are approved by the Planning Commission.
e. No tentative tract or parcel map, or lot merger shall be granted, which would result in the consolidation of multiple lots into a single lot with freeway signs in excess of the maximum number, location, area, and/or spacing of signs prescribed by this Sect ion.
f. A freeway sign shall be placed no closer than 10 FT to an interior property line, drive aisle, or private drive.
g. A digital freeway sign with electronic display shall be permitted on public and/or private property subject to City Manager review and approval of the following:
(1) Approval of the digital freeway sign shall be subject to the approval of a Digital Sign and Billboard Removal Agreement between the City and the property owner;
(2) A minimum of 2 existing, legal nonconforming billboards shall be removed, both of which must be currently located within the City;
(3) The area is developed with a legally established permitted land use;
(4) The proposed sign would not create a traffic or safety problem with regard to on-site access, circulation, or visibility;
(5) The proposed sign would not interfere with on -site parking or landscaping required by City ordinance or permit;
(6) The property has at least 600 linear FT of freeway frontage;
(7) The proposed sign will display both public and private information;
(8) The overall design of the sign, including massing, proportion, and scale shall be subject to review and approval of a Sign Permit, and
(9) For projects of regional significance as determined by the City Manager, the relocation of billboards may be waived and recommended for review by the City Manager to the City Council.
3. Electronic Message Center. An Electronic Message Center may be incorporated into a freeway sign for a public or private school; public facility or service; convention centers, arenas and other similar places of assembly; and auto malls and shall be subject to review and approval by the Planning Commission. An Electronic Message Center shall comply with the following requirements:
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Ontario Development Code Page 8.01-27 (Rev. 12.03.2024) a. The Electronic Message Center display shall not include any message or pictorial that is in motion or appears to be in motion;
b. The Electronic Message Center display shall not change the intensity of illumination;
c. The Electronic Message Center display shall not change the message or pictorial more than once every 4 seconds;
d. No Electronic Message Center shall be placed within 1,000 FT of another Electronic Message Display located on the same side of the freeway; and
e. An Electronic Message Center shall only advertise the business conducted, services rendered, or goods produced or sold upon the property on which the display is placed.
4. Electronic Text Display . An Electronic Text Display may be incorporated into a monument sign to facilitate a fuel pricing sign required pursuant to BPC Sections 13530 through 13540, or for the purpose of providing messages and information related to public or private schools, government facilities, facilit ies for religious assembly, theaters, convention centers, arenas, and other similar places of assembly. An Electronic Text Display shall comply with the following requirements:
a. An Electronic Text Display shall not include any pictorial display;
b. An Electronic Text Display shall not change the intensity of illumination;
c. An Electronic Text Display shall not change the message more than once every 4 seconds;
d. No Electronic Text Display shall be placed within 600 feet of another Electronic Text Display located on the same side of the street, excepting fuel pricing signs provided pursuant to BPC Sections 13530 through 13540; and
e. An Electronic Text Display shall only advertise the business name, and events and services conducted on the property upon which the Electronic Text Display is installed.
D. Building Wall and Fascia Signs.
1. Wall and/or fascia signs shall consist of individual channel letters placed flat against the exterior wall or parapet of a building, or suspended from the building eaves or overhang, or from the ceiling of a covered walkway, and having an overall depth of no more than 12 inches.
A suspended sign shall have a clear space of at least 8 FT between the bottom of the s ign and the surface of any walkway that may pass under the sign.
2. Acceptable wall and/or fascia sign designs include one or more of the following elements:
a. Halo lit channel letters;
b. Standard channel letters;
c. Front and halo lit channel letters;
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d. Pin mounted sandblasted, textured, and/or burnished metal- leaf faced letters;
e. Signs mounted to hard canopies, eyebrows, or other projecting architectural elements, such as screens, grids or mesh, or etched, polished, patina or abraded materials; and/or
f. Mixed media signs (utilizing the designs described in Subparagraphs D.1.2.a through e, above), incorporating imagery and icons /logos. Although simple rectangular cabinet signs are generally not allowed, mixed media signs may be composed of several elements, one of which may be a sculptured cabinet; however, the cabinet sign shall not exceed 25 percent of the total sign area of each sign.
3. Wall and/or fascia signs may be located on an exterior building elevation that :
[i] fronts/faces a public street, or [ii] faces an interior side or rear of a site , and contains a public entrance, pursuant to the standards prescribed by Table 8.01 -1 (Sign Regulation Matrix), of this Section.
4. The characters that comprise a sign shall not occupy more than 75 percent of the length of the building wall or fascia upon which it is placed.
5. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the Zoning Administrator may grant a waiver from this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.
6. Electrical raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed.
7. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. The Zoning Administrator may modify this requirement in special circumstances where a projection greater than 12 inches may be desirable to allow the creation of an especially creative and un ique sign design.
8. Signs shall not be placed to obstruct any portion of a window or cover architectural elements, such as cornices, transom windows, vertical piers and columns, and similar elements.
E. Address Signs Required. The City finds that it is in the interest of public safety that all street addresses be clearly visible. Unless otherwise authorized in writing by the Police and Fire Departments, all permanent structures within the City shall display street address numera ls of a size, color, and location, which are clearly visible from a public right -of-way. Address signs shall not count toward the maximum sign area allowed by this Division.
F. Sign Programs.
1. A Sign Program may be allowed pursuant to Section 4.02.075 (Sign Programs) of this Development Code, for the purpose of:
a. Providing coordinated signing within a development project; 576
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b. Utilizing common design elements; and
c. Integrating the design of signs with the context of the building and landscape design, to form a unified architectural statement.
2. A Sign Program may allow certain deviations from the standards prescribed by Table 8.01- 1 (Sign Regulation Matrix) of this Division, limited to: [i] a 20 percent increase in maximum sign area, [ii] an increase in the maximum number of signs allowed, and [iii] the use of decorative exposed neon. In approving such deviation(s), the following findings must be clearly established:
a. The Plan 's contribution to the overall design quality of the site and the surrounding area will be superior to the quality that would otherwise result under regulations normally applicable to the site;
b. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and
c. Any deviations from the standards prescribed by Table 8.01 -1 (Sign Regulation Matrix) of this Development Code are fully consistent with the purposes of this Development Code.
3. A Sign Program may allow the use of complex-shaped (i.e., Polyhedron) sculptured cabinets if dimensional elements are also incorporated, such as burnished metal-leaf faced letters that are pin mounted from the cabinet face, or decorative exposed neon.
G. Street Banners and Street Banner Programs.
1. Street Banners.
a. No street banner, flag, pennant, or street decoration shall be placed or installed over and/or above any street or other public thoroughfare, without first obtaining City Manager approval, and the issuance of an encroachment permit by the City Engineer.
b. No person, either as principal, agent, or otherwise, shall hang or suspend any street banner above any street or other public thoroughfare, or cause the same be done, unless a Street Banner Program has approved pursuant to the requirements of Paragraph G.2 (Street Banner Programs) of this Section.
c. A street banner, flag, pennant, or street decoration shall be safely suspended not less than 17 FT above a public street, upon approval of the City Engineer and Building Official.
d. A street banner, flag, pennant, or street decoration shall not contain the name or designation of any individual, firm, or corporation as an advertisement for private gain.
e. A street banner, flag, pennant, or street decoration shall not remain in place longer than 30 days from the date permission is granted by the City Manager pursuant to Subparagraph G.1.a of this Section.
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(Rev. 12.03.2024) Page 8.01-30 Ontario Development Code f. The Building Official shall, upon receipt of the required application, issue a permit for the erection and maintenance of a street banner, flag, pennant, or street decoration, according to [i] the terms of the City Manager's approval, [ii] the encroachment permit issued by the City Engineer, and [iii] the Street Banner Program described in Paragraph G.2 (Street Banner Programs), below (if required).
2. Street Banner Programs . A Street Banner Program shall be subject to review and approval by the Zoning Administrator, and must adhere to the following guidelines:
a. Application. The street banner program application shall contain the following minimum information:
(1) Street Banner Design—A fully dimensioned plan that clearly depicts the street banner design, materials, colors, and letter style;
(2) Street Banner Elevations—A fully dimensioned elevation drawing(s) depicting streetlight poles with each proposed banner type attached;
(3) Street Banner Location —A site plan drawn to scale, which depicts the specific location of each proposed street banner and the affected streetlight poles; and
(4) Equipment—All hardware and bracketry necessary for mounting the proposed street banner(s) to the affected streetlight poles, which shall meet or exceed City specifications.
b. Private Business Recognition. Private sponsorship of street banners shall only be permitted in association with an approved street banner program, with identification of the sponsor regulated as follows:
(1) Placement—The street banner sponsor may be identified on each street banner by lettering no greater than 6 inches in height, which runs the width of the banner, and covering no more than 10 percent of the banner area;
(2) Font—A uniform font type, style, size, and color shall be used for banner sponsor names within a given banner program; and
(3) Graphics—There shall be no private logos or trademark graphics allowed.
c. Maintenance. At a minimum, street banners shall be removed for cleaning annually, and shall be removed for repair or replacement when worn, torn, or faded. The City may require that street banners be alternated seasonally (3 to 4 times per year). Furthermore, Street banners shall be removed for repair or replacement when worn, torn, or faded.
H. Awnings and Canopies, and Outside Umbrellas.
1. As a design feature of any building, structure, or business establishment, all awnings and canopies, and outside umbrellas, shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed, erected, or installed.
2. Awnings and canopies that contain advertising shall be counted toward the total allowable signing for the business that it serves.
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3. Umbrellas shall not contain advertising.
4. The use of backlit awnings and/or canopies shall be prohibited.
I. Accent Lighting.
1. As a design feature of any building, structure, or business establishment, all accent lighting shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed or installed. Accent lighting should be limited to confined areas, such as building entries, architectural features, or used to reinforce specific architectural elements, such as tower and cornice elements.
2. Accent lighting elements and luminaires placed directly on a building façade shall be shielded. Lighting elements and luminaires placed directly on a building façade so as to be directly exposed to public view, is prohibited.
J. Construction, Installation and Maintenance.
1. Construction. The construction and installation of signs shall be enforced and administered by the Building Official. All signs and advertising structures shall be designed and constructed to withstand wind loads, dead loads, and lateral forces as required by the City 's Building Code and the provisions of this Division.
2. Identification. Every sign or other advertising structure hereafter erected in the City shall have an identifying number, name of erector, installation year and, if illuminated, the voltage plainly placed on the exterior surface of the sign body, in a location where the information is readily visible after erection and installation.
3. Illumination.
a. General Requirements.
(1) Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratory (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.
(2) Awnings with back-lighting are prohibited.
(3) Light sources (luminaires) used for externally illuminated signs shall not be visible within 100 FT of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of 11:00PM and 6:00AM, unless they identify an establishment open for business during those hours.
(4) Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding 15 watts, and the brightness of luminous or backlit signs shall not exceed 250 footlamberts (fl).
b. Internally Illuminated Signs. The illumination level of a sign shall be reduced if it is determined to be excessive as a result of City evaluation. Illumination shall be considered excessive if the illumination level:
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(Rev. 12.03.2024) Page 8.01-32 Ontario Development Code (1) Is substantially greater than the illumination level of other nearby signs;
(2) Interferes with the visibility of other signs, or with the perception of objects or buildings in the vicinity of the sign;
(3) Directs glare toward streets or motorists;
(4) Adversely impacts nearby residents or residential neighborhoods; and/or
(5) Reduces the nighttime readability of the sign.
c. Externally Illuminated Signs. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face, and away from streets and adjacent properties.
4. Maintenance. All signs, together with their supports and appurtenances, shall be kept neatly painted and posted. The Zoning Administrator, Building Official, or Code Enforcement Director may order the removal of any sign that is not maintained in accordance with the provisions of this Division.
K. Political Signs.
1. Purpose.
a. The purpose of these political sign regulations is to identify the compatibility between the utilization of political signs, the protection of the right to privacy of individuals, and the quiet and undisturbed enjoyment of property.
b. It is recognized that there have been abuses in the placement of political signs within the City, including: [i] trespassing upon private property; [ii] placement of political signs without permission from the property owner; [iii] placement of political signs in such a fashion as to make it difficult to remove them; [iv] littering caused by dislodged political signs; [v] sight distance hazards to traffic due to sign size and location; [vi] distracting appearance; [vii] aesthetically displeasing impact; [viii] unnecessary proliferation; and [ix] other reasons, all of which are determined to be contrary to the best interests of the community, and in opposition to the public health, safety and welfare.
c. The reasonable regulation of political signs will obviate many of the objections that have been raised to the unregulated placement of such signs.
d. It is recognized that to the extent that placement of political signs is not contrary to the purposes stated herein, it is in the best interests of the City and its inhabitants to allow political expression, and, for that reason, it is but to avoid the total prohibition of such signs.
e. It is believed that responsibility for the placement of political signs should lie with the candidate for public office, the proponents and opponents of ballot measures, and the various political committees connected therewith. It is recognized that political signs are printed by, or at the direction of, those listed herein, and that the ultimate responsibility for the distribution of such signs and their placement lies with them.
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2. Definition. The term " political sign, " as used herein, means a ny election or nonelection sign, advertising structure, or display, which communicate any message or idea identifying, supporting, opposing, promoting, or conveying a position upon, or relating to, any political cause or issue, or candidate for public office, or proposition or issue connected with any local, special, state, or national election.
3. Political Sign Registration. Pursuant to BPC Section 5405.3, any candidate (or their designee) or the proponents of a ballot measure who seek to utilize political signs, shall first file a Statement of Responsibility with the Code Enforcement Department, on a City registration form.
The registrant shall be responsible for removing the temporary political sign and may be required to reimburse the City for any cost incurred for temporary political sign removal.
4. Permitted Signs . Political signs, as herein defined, shall be permitted within any zoning district subject to compliance with all of the rules and regulations set forth in Paragraph K.5 (Regulations) herein.
5. Regulations.
a. No provision in this Development Code shall be so construed as to prohibit the placing of temporary political signs.
b. No political sign shall be installed or displayed sooner than 45 days preceding the election for which the sign is intended.
c. No political sign shall exceed 16 SF in total area, except that a double - faced sign, not exceeding 16 SF on each side, shall be permitted.
d. No political sign shall exceed an overall height of 8 FT, except if such sign shall be within an enclosed building or structure.
e. No candidate for public office, proponent or opponent of ballot measures, and/or any political committees connected therewith, shall post more than one political sign per lot or parcel.
f. No political sign shall be lighted either directly or indirectly.
g. No political sign shall be placed on private property, vacant or otherwise, without the permission of the owner of the property.
h. No political sign shall be placed or affixed to a tree, fence, post, utility pole, or any structure, by glue, nails, or screws.
i. No political sign shall be posted on any public property or in the public right- of-way.
j. No political sign shall be placed within the right -of-way of any highway, or with 660 FT of the edge of, and visible from, the right-of-way of a landscaped freeway.
k. No political signs shall be posted in violation of any other provisions of this Development Code.
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(Rev. 12.03.2024) Page 8.01-34 Ontario Development Code l. All political signs shall be removed within 10 days following the date of the election for which the sign was intended.
6. Removal of Illegally Placed Political Signs. The Building Official or Community Improvement Manager may cause the removal of any sign placed contrary to any provision of the Political Sign provisions contained herein (commencing with Subsection K (Political Signs) of this Section).
8.01.025: Design Guidelines
A. Introduction.
1. The following design guidelines are intended as a reference to assist the designer in understanding the city' s goals and objectives for high quality sign design, construction, and placement throughout the city. These guidelines are intended to complement the mandatory standards contained in Section 8.01.02 0 (Sign Standards) of this Division, by providing good examples of potential design solutions and by providing design interpretations of the various mandatory requirements.
2. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the city's review of a sign program or sign plan to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the designer. Nonetheless, unless there is a compelling reason, these design guidelines shall be observed.
B. General Guidelines.
1. Use a Brief Message. The fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner and is more attractive. A sign should only include the name and/or nature of the business, and in addition to the name, may contain a maximum of three words describing the business or service provided.
2. Avoid Overly Intricate Fonts . Signs utilizing very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively.
3. Avoid Faddish and Peculiar Fonts . Signs utilizing faddish or peculiar fonts may look good today, but soon go out of style. The image conveyed may quickly become that of a dated and unfashionable business.
4. Sign Colors and Materials. The colors and materials of a sign should be selected so that they contribute to sign legibility and design integrity. Even the most carefully thought out sign may be unattractive and a poor communicator because of poor color selection. Dayglow, fluorescent, and overly bright or loud colors should not be used.
5. Provide Contrast Between Background and Letters/Symbols . Use significant contrast between the sign 's letter/symbol color and its background color. If there is little contrast in the hue (shade or tint) and intensity (brightness) between the background and letter/symbol colors, it will be difficult to read.
6. Avoid Too Many Different Colors . The use of too many different colors will overwhelm the basic function of communication. The colors compete with sign content for the 582
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Ontario Development Code Page 8.01-35 (Rev. 12.03.2024) viewer's attention. The limited use of accent colors can increase legibility, while large areas of competing colors tend to confuse and annoy.
7. Sign Placement. Generally, building wall and fascia signs should be located within the middle 75 percent of the building frontage, measured from tenant line to tenant line for multiple tenant buildings, and measured across the full width of the building elevation for single tenant buildings. The Zoning Administrator shall have the authority to modify this requirement where it can be shown that:
a. The directed placement would severely limit proper sign placement; or
b. The directed placement would be contrary to the sign placement approved by a Development Plan.
8. Proportion, Scale and Rhythm of Sign Placement . Signs should be placed consistent with the proportions and scale of building elements within a building 's facade:
a. A particular sign may fit well on a large, plain wall area, but would overpower the finer scale and proportion of the lower storefront.
b. Signs can be used to establish facade rhythm, scale, and proportion where such elements are weak in the building design. On buildings having a monolithic or plain facade, signs can be used to establish or continue appropriate design rhythm, proportion, and scale.
c. The proportion of letter area to sign background area should be carefully considered. If the letters take up too much of the background area, they may be harder to read — large letters are not necessarily more legible than smaller ones.
d. Generally, the characters that comprise a sign should not occupy more than 70 percent of the area of a sign's background.
9. Pedestrian Signs . Signs oriented to pedestrians should be smaller in scale. The pedestrian -oriented sign is usually read from a distance of 15 to 20 feet, whereas the vehicle- oriented sign is designed to be viewed from a much greater distance. The closer the sign's viewing distance, the smaller the sign needs to be.
10. Freestanding Signs . Freestanding signs should incorporate the materials and architectural features used in the building(s) they serve.
C. Building Wall and Fascia Signs.
1. Building wall and fascia signs should be compatible with the predominant visual elements of the building. Commercial centers and offices, industrial parks, business parks, and other similar facilities, are required to be part of a sign program in accordance with the provisions of Section 4.02.080 (Sign Programs) of this Development Code.
2. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs should be complementary to one another in the following ways:
a. Type of construction materials (sign copy, supports, etc.);
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(Rev. 12.03.2024) Page 8.01-36 Ontario Development Code b. Letter size and style of copy;
c. Method and design of sign support (wall mounting or monument base);
d. Configuration of sign area; and
e. Proportion of sign copy area to background.
3. Lighted signs, whether internally or externally illuminated, are permitted; provided, they are not harsh or overly bright. Can -type box signs with translucent backlit panels should not be used.
4. Signs with backlit or internally illuminated individual channel letters are strongly encouraged.
D. Freestanding Signs.
1. Freestanding signs are intended to provide identification for single-tenant buildings, multiple-tenant buildings, commercial offices and centers, and business and industrial parks. Signs for single-tenant buildings should include the street address of the business.
2. Signs for multiple -tenant buildings, commercial offices and centers, and business and industrial parks should display the range of business addresses for that development. The business address shall not be included in the sign area calculation.
3. Lighted signs, whether internally or externally illuminated, are permitted, provided they are not harsh or overly bright. Signs should consist of individual affixed to an opaque, matte finished background. The use of backlit (halo lighting) letters is strongly encouraged.
4. Freestanding signs should be placed perpendicular to approaching vehicular traffic.
5. Freestanding signs should be placed in landscaped planters of sufficient area, shape and design that will provide a compatible setting and ground definition to the signs.
6. Monument signs should be provided with a base, which measures from 12 to 18 inches in height, to accommodate the growth of landscaping around the sign base, without interrupting view of the sign face.
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Chapter 9.0:
Definitions and Glossary
Division 9.01—Definitions
Division 9.02—Glossary
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Ontario Development Code Page 9.01-1 (Rev. 12.03.202407.01.2025) Division 9.01—Definitions
Sections:
9.01.000: Purpose
9.01.005: Applicability
9.01.010: Terms and Phrases
9.01.015: Acronyms and Abbreviations
9.01.000: Purpose
The purpose of this Division is to establish definitions for terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage.
9.01.005: Applicability
A. Unless otherwise apparent from the context, certain words, terms, phrases, abbreviations, and acronyms used in this Development Code are defined in this Division and are listed herein, in correct alphabetical order.
B. If any of the definitions in this Division conflict with definitions in other City codes and ordinances, such as the Ontario Municipal Code, or an adopted specific plan or planned unit development, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Division, the Zoning Administrator shall be responsible for determining the correct definition.
C. Words used in the present tense include the future, words in the singular number also include the plural, and words in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
D. The word "shall," indicates a mandatory requirement, except as when used in connection with an action or decision of the City Council, or any City commission, board, or official; in which case, the word "shall" is directory only.
E. The word "may," is a permissive term, similar in context as the terms "might," "can," or "could."
F. Whenever used in this Development Code, the word "day" shall mean a calendar day.
9.01.010: Terms and Phrases
A. Definitions of Words Beginning with the Letter "A."
Abandonment of Use. The cessation of a land use by the owner without intent to transfer the land use to another or resume the land use within the time limitations specified in Division 3.01 (Nonconforming Lots, Land Uses, and Structures) of this Development Code.
Abatement. Reducing or eliminating the degree or intensity of a nuisance or other property-related problem.
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Abutting. Having property line or zoning district boundaries in common; for example, two lots are abutting if they have property lines in common.
Access. A way of approaching or entering a property. " Access" includes ingress (the right to enter) and egress (the right to leave). In zoning and subdivision regulations, recorded lots are required to have direct access to a public street or highway, or to a private street meeting public standards. This guarantees entry by owners and emergency vehicles.
Accessory (Ancillary) Structure. A structure which is incidental or subordinate to the principal structure on the same site, or the use of which is incidental or subordinate to the use of the principal structure of the site. An accessory structure that is attached or joined to a principal structure and shares a common wall therewith or is attached by a roof, which extends the full width of the structure, creating a covered breezeway (a roofed, open passage connecting two buildings, such as a house and garage), shall be deemed a part of the principal structure.
Accessory (Ancillary) Use. The use of a structure or site, or a portion of a structure or site , which is incidental or subordinate to the principal (primary) use and is located on the same property as the principle use. An accessory use shall generally be considered less intensive as it relates to area, activity, and traffic generation.
Adult Business . A business in the form of an adult arcade, adult bookstore, adult mini- motion picture theater, class " D" cabaret, escort agency, massage establishment, nude model/figure studio, sexual encounter/rap studio or sexual novelty store, as defined in this section.
This definition of adult business does not include those uses, businesses, or activities of licensed professionals who are otherwise exempt from classifications as a " massage establishment " pursuant to Section 5.03.275 (Massage Services) of this Develop ment Code. For the purposes of the adult business regulations contained in Section 5.03.015 (Adult -Oriented Businesses) of this Development Code, the following definitions shall apply:
1) Adult Arcade. An establishment having coin -operated or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices that show images to one person per machine at any one time, and where the im ages so displayed are distinguished or characterized by depicting or describing "specified sexual activities," or "specified anatomical areas," as defined in this section.
2) Adult Bookstore. An establishment which has a substantial portion of its stock -in-trade (a minimum of 30 percent) and offers for sale for any form of consideration, any one or more of the following:
a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis on "specified sexual activities" or "specified anatomical areas"; or
b) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities, " as defined in this section. This definition does not include such items customarily sold by a bona fide pharmacy.
3) Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown to an audience and in which a substantial portion of the total presentation time is devoted to the 588
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Ontario Development Code Page 9.01-3 (Rev. 12.03.202407.01.2025) showing of material which is characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas."
4) Adult Mini-Motion Picture Theater. An enclosed building with a capacity of less than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or related to " specified sexual activities" or "specific anatomical areas," as defined in this section, for observation by patrons therein.
5) Adult Theater. A theater, concert hall, auditorium or other similar establishment, which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas " or by an emphasis upon the depiction of " specified sexual activities," as defined in this section.
6) Adult Video Store. An establishment having up to 20 percent or more of its floor area trade in films, motion pictures, video cassettes or video reproduction or other visual representations which are distinguished or characterized by their emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, or any establishment devoted to the sale or display of such material.
7) Class 'D' Cabaret. A cabaret that features topless dancers, bottomless dancers, go-go dancers, strippers, male or female impersonators or similar entertainment.
8) Nude Model/Figure Studio. Any place where a person, who appears in a state of nudity or displays "specified anatomical areas, " is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any other form of consideration.
9) Sexual Encounter/Rap Studio. Any business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b) Activities between male and female persons and/or persons of the same sex when "specified anatomical areas " of one or more of the persons are exposed or " specified sexual activities" as defined in this section occur.
10) Sexual Novelty Store. An establishment having as a portion of its stock -in-trade goods which are replicas of, or which simulate, "specified anatomical areas," as defined in this article, or goods which are designed to be placed on "specified anatomical areas," as defined in this article, to cause sexual excitement.
11) Specified Anatomical Areas. Any of the following:
a) Less than completely and opaquely covered:
i) Human genitals, pubic region;
ii) Buttocks;
iii) Female breasts below a point immediately above the top of the areola;
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(Rev. 12.03.202407.01.2025) Page 9.01-4 Ontario Development Code b) Human male genitalia in a discernible turgid state, even if completely and opaquely covered.
12) Specified Sexual Activities. Any of the following:
a) Human genitals in a state of sexual stimulation or arousal;
b) Acts of human masturbation, sexual intercourse, oral copulation, or sodomy;
c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
Advertising Display Manufacture . A business establishment engaged in the commercial preparation, fabrication, construction or manufacture of a sign of any type.
Advisory Authority. A body, commission, committee, board or position listed in Table 2.02 - 1 (Review Matrix) of this Development Code, which is responsible for advising the Approving Authority on the appropriate action to take on [i] a land use or development entitlement, permit, or license; or [ii] other planning, zoning, or development action or decision, pursuant to Division
2.02 (Application Filing and Processing) of this Development Code.
Aesthetics. A term dealing with form, design, and/or quality of construction of a particular sign, building, site or structure, which presents a judgmental statement concerning the level of beauty or artistic value.
Affordable Housing. Housing that is economically feasible for persons whose income level is categorized as very low, low, or moderate within standards set by the California Department of Housing and Community Development or the United States Department of Housing and Urban Development.
Agenda. A document that specifies what will be discussed at a meeting of an Advisory, Approving or Appeal Authority (Reviewing Authorities). Agendas contain a brief, general description of each item the Reviewing Authority will be addressing. Members of the public may request that an agenda be mailed to them. Local agencies gener ally cannot discuss and make decisions on items that are not on the agenda (see GC Section 54950).
Alcoholic Beverage. Includes alcohol, spirits, liquor, wine, beer, brandy, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one -half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
Alcoholic Beverage Manufacturer. Any person or entity within the City of Ontario that is properly licensed by the Department of Alcoholic Beverage Control of the State of California, or any officer, director, employee, or agent of any such person or entity, which manufactures or produces alcoholic beverages.
Alcoholic Beverage Manufacturing. The manufacture or production of alcoholic beverages within the City of Ontario, by any person or entity properly licensed by the Department of Alcoholic Beverage Control of the State of California, which may include the sale or distribution of said products. Typical uses include breweries, distilleries, and wineries. Tasting rooms may be included in conjunction with the manufacturing activity.
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Ontario Development Code Page 9.01-5 (Rev. 12.03.202407.01.2025) Alcoholic Beverage Sales, Off -Sale. Establishments properly licensed by the Department of Alcoholic Beverage Control of the State of California (ABC), which sell alcoholic beverages of varying types, as allowed by the type of ABC license held by the establishment, for consumption off the premises in which they are sold. Typical uses include convenience markets, grocery stores, and liquor stores.
Alcoholic Beverage Sales, On -Sale. Establishments properly licensed by the Department of Alcoholic Beverage Control of the State of California (ABC), which sell alcoholic beverages of varying types, as allowed by the type of ABC license held by the establishment, for consumption on the premises in which they are sold. Typical uses include bars, brew pubs, nightclubs, wine bars, and restaurants that serve alcoholic beverages.
Alley. A public right -of-way that is permanently reserved as a secondary means of vehicular access to abutting property, which is improved by means of asphalt, concrete, decorative laid brick or block pavers, or other similar material providing all- weather access, and excluding loose materials, such as gravel, stone or slag.
Alter. To change, add to, or modify construction, use or occupancy.
Amortization. The process by which nonconforming uses and structures must be discontinued or made to conform to requirements of the current zoning ordinance at the end of a specified period of time.
Ancillary Use, Activity or Facility. A use, activity or facility that is incidental, supplementary, or otherwise subordinate to a primary permitted or conditionally permitted use, activity or facility.
Animal Hospital. A facility in which animals or pets are given medical or surgical treatment and care during the time of such treatment, and in which the boarding of such animals or pets is permitted incidental to their medical or surgical treatment and care.
Antenna. Any exterior transmitting or receiving device mounted on a tower, building structure, or alternative tower structure and used in communications, that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunication signals or other communication signals which transmit or receive radio signals.
Antennas typically are either dish, panel or whip type structures.
Apartment. A residential dwelling unit within a multiple -family dwelling, which is available for lease for an extended period.
Appeal. When a person believes a decision was made in error, an appeal may be filed so that a higher decision-making body may be allowed to review the case.
Appeal Authority. A body, commission, committee, board, or position listed in Table 2.02 -1 (Review Matrix) of this Development Code, which is responsible for acting on an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code, regarding an action made on [i] a land use or development entitlement, permit, or license; or [ii] other planning, zoning, or development action or decision, pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
Approving Authority. A body, commission, committee, board, or position listed in Table
2.02-1 (Review Matrix) of this Development Code, which is responsible for approving, approving with conditions, or denying [i] a land use or development entitlement, permit, or license; or 591
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(Rev. 12.03.202407.01.2025) Page 9.01-6 Ontario Development Code [ii] other planning, zoning, or development action or decision pursuant to the provisions of Chapter 2.0 (Administration and Procedures) and Chapter 4.0 (Permits, Actions and Decisions) of this Development Code.
Architectural Element. The unique details and component parts that, together, form the architectural style of a building or structure.
Architectural Projection. A building feature that is mounted on, and/or extends from the surface of the building wall or façade, typically above ground level. Examples of architectural projections include balconies, bay windows, lighting fixtures, marquee s, canopies , and other similar projections of a building.
Artisan, Small-Scale, and Micro Manufacturing. A facility where shared or individual tools, equipment, equipment, or machinery are used to manufacture specialty products on a small scale or in limited quantities (a single product or small batches of product). Products are typically manufactured by hand or with a restricted level of automation. Artisan small- scale and micro manufacturing activities include design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as -well-as any incidental storage, retail, or wholesale sales and distribution. Typical small-scale and micro manufacturing activities include, but are not limited to, electronics, food products, nonalcoholic beverages, leather products, clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities. Artisan small-scale and micro manufacturing facilities are small in scale and utilize production methods using limited quantities of hazardous materials and hazardous waste production. Furthermore, artisan small-scale and micro manufacturing does not involve the use of large assembly lines, rather relying upon single workplaces or production cells that carry out production steps, until specific components or the whole product is completed. Artisan small-scale and micro manufacturing does not include agriculture, alcoholic beverage production or sales, restaurants and other eating places, or industrial activities deemed "heavy" in nature.
Automated Teller Machine (ATM). An electronic banking device, either freestanding or attached to a building, which dispenses and collects money from or to individual bank accounts.
The terms "Automated Teller Machine" and "ATM" may be used interchangeably.
B. Definitions of Words Beginning with the Letter "B."
Base Zoning District . The principal zoning district in which a lot or area is classified at the same time it is classified in a combined or overlay zoning district.
Bed and Breakfast Inn. A structure in which paying guests are lodged on an overnight basis, with breakfast served in connection with their lodging.
Beer. Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake (also known as Japanese rice wine). Beer aged in an empty wooden barrel previously used to contain wine or distilled spirits, shall be defined exclusively as "beer," and shall not be considered a dilution or mixture of any other alcoholic beverage.
Beer Manufacturer. Any establishment properly licensed by the Department of Alcoholic Beverage Control of the State of California, which has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer. 592
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Billboard. An outdoor advertising sign supported by posts or standards and braces set into the ground or attached to a building or other structure and containing advertising copy on the sign face not related to a use, structure or activity located on the same site.
Billiard Parlor. An establishment that provides more than 2 billiard or pool tables or has 50 percent or more of the public floor area devoted to the use of billiard or pool tables by the public for compensation, whether or not the use of billiard or pool tables constitute the primary use or an accessory or incidental use. The terms "Billiard Parlor" "Pool Hall" may be used interchangeably.
Block Face. The properties abutting on one side of a street and lying between the 2 nearest intersecting streets or nearest the intersecting street and railroad right-of-way, unsubdivided land, watercourse, or City boundary.
Boarding House (Lodging House or Rooming House). A dwelling, other than a hotel, motel, residence inn, or other similar traveler accommodation, wherein one or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental or lease agreements, either written or oral, whether or not an owner, agent or manager is in residence. The terms " boarding house, " lodging house, " and "rooming house " may be used interchangeably.
Bona Fide Eating Place. A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods that may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. For the purpose of this definition, the term "meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. Furthermore, the term "guests" means persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and act
ually order and obtain at such time, in good faith, a meal therein. Nothing in this definition, however, shall be construed to require that any food be sold or purchased with any beverage.
Brandy Manufacturer. Any establishment properly licensed by the Department of Alcoholic Beverage Control of the State of California, which is engaged in the manufacture of brandy only, and not in engaged in the manufacture of any other distilled spirits.
Bridge Housing. A short- and mid-term residential setting with a goal to connect individuals to long-term housing stability, generally with supportive services available.
Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
Building Foundation. All dwellings and accessory structures shall be affixed to a permanent, continuous concrete or masonry foundation. The exterior building finish shall extend over the foundation, to within 6 inches of the adjacent finished grade.
Building Height. See "Height (of a building or structure)."
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(Rev. 12.03.202407.01.2025) Page 9.01-8 Ontario Development Code Building Official. The Building Official of the City of Ontario.
Bus. Any vehicle designed, used, or maintained: [i] to carry more than 15 persons, including the driver, or [ii] to carry more than 10 persons, including the driver, when it is used to transport persons for compensation or profit, or is used by a nonprofit organization (CVC Section 233).
Business Services . Services that are provided to business establishments in a support capacity, such as but not limited to duplicating, stenographic and messenger services.
C. Definitions of Words Beginning with the Letter "C."
Carport. An accessory structure or portion of a main structure, open on at least 2 sides, designed for the storage of motor vehicles.
Cattery. A place in which 4 or more cats over 4 months in age are kept.
Central Business District. The area of the City bounded by "H" Street on the north, Sultana Avenue on the east, Main Street on the south and Vine Avenue on the west.
Charitable Institution. An establishment engaged in the giving of foods, goods, financial assistance, or grants or offering services or other socially useful programs on a benevolent, non - profit basis.
City. The City of Ontario, a California municipal corporation.
City Attorney. The City Attorney of the City of Ontario, or his/her designee.
City Council. The City Council of the City of Ontario.
City Engineer. The City Engineer of the City of Ontario, or his/her designee.
City Manager. The City Manager of the City of Ontario, or his/her designee.
Clinic. An establishment where patients are admitted for outpatient examination and treatment by one or more physicians, dentists, psychologists, or social workers and where patients are not lodged overnight, excluding chemical dependency clinics.
Code Enforcement Director . The Code Enforcement Director of the City of Ontario, or his/her designee.
College (University). Establishments primarily engaged in furnishing academic courses and granting degrees at baccalaureate or graduate levels. The requirement for admission is at least a high school diploma or equivalent general academic training. Instruction may be provided in diverse settings, such as the establishments or client's training facilities, educational institutions, the workplace, or the home, and through diverse means, such as correspondence, television, the internet, or other electronic and distance-learning methods. The training provided by these establishments may include the use of simulators and simulation methods.
The term "College" or "University" may include ancillary support services and facilities, which include, but are not limited to, student and/or faculty housing, bookstores and student stores, food services, healthcare services, social assistance services, performing arts facilities, and at hletic facilities.
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Collocate. Locating wireless telecommunications antennas and related equipment from more than one provider on a single site.
Commercial Center (Commercial Complex). A development within a commercial or mixed-use zoning or land use district, which consists of 2 or more buildings or a single building divided into 5 or more tenant spaces, constructed by a single developer or group of developers and designed to function as a single cohesive unit in terms of access, parking, landscaping, property and landscape maintenance, and architecture, regardless of the subsequent parcelization. The terms " commercial center " and "commercial complex " may be used interchangeably.
Commercial Recreation. An establishment, activity or use of a site or structure in which a fee is charged to provide space, services, or facilities for individual or group use in the pursuit of any recreational purpose.
Commercial Speech . Any message, the prevailing thrust of which is to propose a commercial transaction.
Commercial Vehicle. A vehicle that is used or maintained for the transportation of persons for hire, compensation, or profit (i.e., taxi or limousine), or is designed, used, or maintained primarily for the transportation of property (CVC Section 260).
Community Apartment. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.
Community Care Facility . Any facility place or building that is maintained and operated to provide nonmedical residential care, day treatment adult day care or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired incompetent persons and abused or neglected children, and includes the following, as defined by the California Community Care Facilities Act (HSC Section 1500 et seq.):
1) Residential care facility;
2) Adult day program;
3) Therapeutic day services facility;
4) Foster family agency;
5) Foster family home;
6) Small family home;
7) Social rehabilitation facility;
8) Community treatment facility;
9) Full-service adoption agency;
10) Noncustodial adoption agency;
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11) Transitional shelter care facility; and
12) Transitional housing placement facility.
The term "Community Care Facility" is limited to those facilities places or buildings that are both subject to regulation by the State of California and actually licensed by the State of California. No facility place or building that may otherwise be regulated by the State of California, but which is not actually licensed by the State of California, shall be deemed a "Community Care Facility" for purposes of this title. Any of the facilities listed above with 6 or fewer people in residence shall be treated and permitted as a single -family residence. This type of facility with 7 or more people in residence shall be viewed as a single -family or multiple -family residence, depending upon the building type involved.
Community Noise Equivalent Level (CNEL). A scale for measuring noise activities that takes into account the sounds received at a point from all noise events causing noise levels above a prescribed value. Weighing factors are included which accord greater significance to noise events occurring during evening hours (7:00 PM to 10:00 PM), and even greater significance to noise e vents occurring at night (10:00 PM to 7:00 AM ), than to noise events occurring during daytime hours (7:00 AM to 7:00 PM).
Compatibility. The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. The designation of permitted and conditionally permitted uses in a zoning district is intended to achieve compatibility. Som e elements affecting compatibility include intensity of occupancy, as measured by dwelling units per acre; pedestrian or vehicular traffic generated; volume of goods handled; and environmental effects, such as noise, vibration, glare, air pollution, or radiation.
Conditionally Permitted Use. A land use that is allowed within a specified zoning district, subject to the approval of a Conditional Use Permit.
Conditional Use Permit . A zoning instrument used primarily to review the location, site development or operation of certain land uses. A Conditional Use Permit is granted at the discretion of the Planning Commission or Zoning Administrator and is not the automatic right of the applicant or landowner.
Condominium. A development consisting of an undivided common interest in a portion of real property, coupled with a separate interest in space within a residential, commercial or industrial building, called a unit, the boundaries of which area described on a recorded final map, parcel map, or condominium plan, in sufficient detail to locate the boundaries thereof. The area of these boundaries may be filed with air, earth, water, or any combination thereof, and need not physically be attached to land, except by easements for access and, if necessary, support.
Congregate Care Facility. A facility that provides communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents. A " Congregate Care Facility " is subject to regulation by the State of California as a "Community Care Facility."
Convalescent Home (Convalescent Hospital). See "Nursing Home."
Convenience Store (Convenience Market or Mini -Market). A retail establishment, limited to a maximum size of 10,000 SF, offering for sale, prepackaged food products, household items, 596
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County. The County of San Bernardino.
County Recorder. The recorder for the County of San Bernardino.
Covenant. A private legal restriction that places a burden on a parcel of land in favor of another parcel, which is recorded in the deed. Covenants are commonly used in the establishment of a subdivision to restrict the use of lots within the development, guarantee views and solar access, and guarantee access and maintenance of designated areas.
D. Definitions of Words Beginning with the Letter "D."
Day. A calendar day.
Day Care Facilities. Day care facilities shall be defined as follows:
1) Adult Day Care Facilities. Facilities of any capacity that provide programs for frail, elderly and developmentally disabled and/or mentally disabled adults (persons 18 years of age and older) in a day care setting.
2) Child Day Care Center. A facility, other than an adult and family day care facility, providing non-medical care for children (persons less than 18 years of age) on less than a 24 hour per day basis, including infant care, pre- schools, and extended day care for school -aged children.
3) Family Child Day Care. A home that regularly provides family day care, protection and supervision for 14 or fewer children (persons less than 18 years of age) in the provider's own home, for periods of less than 24 hours per day while parents or guardians are away, and includes the following:
a) Small Family Day Care . Provides family day care to 8 or fewer children, including those children under the age of 10 years who reside at the provider's residence; and
b) Large Family Day Care . Provides family day care for 7 to 14 children, inclusive, including those children under the age of 10 who reside at the provider's residence.
Day Spa. A facility that provides personal care and wellness services employing licensed trained professionals where visitors can receive a variety of spa treatments during day hours , and overnight accommodations are not available. Examples of typical spa services include , but are not limited to exfoliation, dermabrasion, dry brushing, body composition (fat to lean muscle ratio) analysis, chemical peel, clay or mud wrap, and facial rejuvenation. Day Spas exclude massage unless the facility also meets Massage Establishment requirements of the Development Code.
dBA. A number in decibels which is read from a sound level meter with the meter switched to its weighting scale labeled " A." The number is an approximate measurement of the relative noisiness or annoyance level of common sounds.
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(Rev. 12.03.202407.01.2025) Page 9.01-12 Ontario Development Code Deck. An outdoor living area on a floor or platform that extends from a building, or may be freestanding, and which is no more than 2.5 FT above finished grade at any point. A deck is typically made of wood, or a composite wood material or vinyl.
Dedication. Property that is transferred from an owner to a public agency to be used for roads, parks, school sites or other public uses or facilities. Dedication requirements are typically imposed as a condition of a tentative map, parcel map or as a condition of development.
Deed Restriction. A private legal restriction on the use of land recorded in the deed. The restriction burdens or limits the use of the property in some way.
Density (Residential Density). A quantitative measure of the intensity with which residentially zoned land may be developed in terms of the minimum and maximum number of allowed dwelling units for each net acre of land. In calculating the allowed minimum residential density of a lot, i f a fractional number results from calculations performed, the number shall be rounded up, to the higher whole number. In calculating the allowed maximum residential density of a lot, if a fractional number results from calcul ations performed, the number shall be rounded down, to the lower whole number.
Department Store. A retail store offering a full line of general merchandise items.
Development Advisory Board (DAB). A City panel, whose membership is established by resolution of the City Council, which is charged with the responsibility for the review and approval of certain classifications of development plans.
Development Agreement. An agreement duly entered into pursuant to GC Section 65864 et seq. of the State of California.
Development Code. The Development Code of the City of Ontario, including all text and maps, as may be amended from time to time.
Direct Access. Having unimpaired access to a public street over a front, side or rear property line adjoining a street.
Discount Store. A retail establishment that offers continually changing merchandise for sale at below market price, and has no regular stock, constant inventory, or standard supplier.
Merchandise typically consists of discontinued items, stock over-runs, out of season merchandise, and one-time, large-lot purchases.
Discretionary Project. An activity that requires a public agency to exercise judgment in deciding whether or not to approve, conditionally approve, or deny a project.
Dish Antenna. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.
Distilled Spirits. An alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof.
Distilled Spirits Manufacturer. Any establishment licensed by the Department of Alcoholic Beverage Control of the State of California, who produces distilled spirits from naturally fermented materials or in any other manner.
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Drive-Through (Drive -Thru). Outdoor service provided by a business establishment by means of a window counter for the purpose of accommodating persons in motor vehicles.
Drive Aisle. A privately owned vehicular access, 26 FT or less in width (excluding adjoining off-street parking spaces), which is improved by means of asphalt, concrete, laid brick or block pavers, or other similar material providing all-weather access, and excluding loose materials, such as gravel, stone or slag, which is needed for vehicular access to off-street parking facilities required by this Development Code, and may include emergency vehicle accesses provided pursuant to the Ontario Fire Code (Ontario Municipal Code Title 4, Chapter 4 (Fire Code)).
Drive, Private. The principal means of vehicular access through a master planned development project, minimum 24 FT in width (excluding adjacent off -street parking spaces), which is privately owned and improved by means of asphalt, concrete, laid brick or block pavers, or other similar material providing all- weather access, and excluding loose materials, such as gravel, stone or slag, and may include emergency vehicle accesses provided pursuant to the Ontario Fire Code (Ontario Municipal Code Title 4, Chapter 4 (Fire Code)).
Driveway. The necessary hard -surfaced area, improved by means of asphalt, concrete, laid brick or block pavers, or other similar material providing all- weather access, excluding loose materials, such as gravel, stone or slag, which is needed for vehicular ingress and egress to a garage, carport or other off -street parking designed pursuant to Division 6.03 (Off -street Parking and Loading) of this Development Code.
Dwelling. Any building, or any portion thereof, which is not an apartment hotel, hotel, motel and which contains one or more dwelling units or guest rooms used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied or which are occ upied for living purposes. The classifications of "dwelling" are as follows:
1) Accessory Dwelling Unit (ADU). Refer to Section 5.03.010 (Accessory Dwelling Units ) of this Development Code.
2) Multiple-Family Dwellings. Two or more attached dwelling units, with each dwelling designed for occupancy by independent households. Multiple -family dwellings shall not include accessory dwelling units.
3) Single-Family Dwellings. A single detached dwelling unit designed and intended exclusively for occupancy by a single household. Single -family dwellings may be designed or arranged in a traditional development consisting of a single detached dwelling unit on a residentially zoned lot of record, or small lot and cluster developments consisting of two or more detached dwelling units, regardless of the number or configuration of lots. In either case, there may be some portion of the development owned in common by all residents.
4) Studio Dwelling s. An apartment or condominium unit containing no more than one room and bath, and cooking facilities.
Dwelling Unit. One or more habitable rooms, which are designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities, and containing no more than one kitchen, provided within the same unit for the exclusive use of the household.
E. Definitions of Words Beginning with the Letter "E."
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Electronic Message Center. An advertising display where the message is changed more than once every two minutes, but no more than once every four seconds (BPC Section 5216.4).
Eligible Facilities Request. Has meaning as set forth in 47 CFR Section 1.6100(b)(3), or any successor provision.
Emergency Shelter. A s defined in HSC Section 50801(e) , " emergency shelter " means housing with minimal supportive services for homeless persons, which is limited to an occupancy of 6 months or less by a homeless person. No individual or household may be denie d emergency shelter because of an inability to pay. Emergency shelters may also include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. No individual or household may be denied emergency shelter because of an inability to pay.
Employee (Farmworker) Housing. Has the same meaning as defined in HSC Section 17008.
Equestrian Trail. A trail which is a segment of a planned trail system designed, improved, and intended to be used for horseback riding purposes and on which use by vehicles of any type, except for maintenance and service vehicles directly related to equestrian activities and public safety vehicles, is prohibited.
Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Exotic Pet. Any warm -blooded or cold -blooded animal of the biological kingdom Animalia, generally considered as wild, exotic, dangerous, or not normally domesticated. The term "exotic animal" does not include venomous reptiles.
F. Definitions of Words Beginning with the Letter "F."
Façade. The exterior walls of a building exposed to public view or that wall viewed by persons not within the building. The primary facade is the exterior building face that is parallel to the front property line.
Family. One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
Final Map. A map showing a subdivision of 5 or more parcels for which a tentative and final map are required by the Subdivision Map Act and this Development Code, prepared in accordance with the provisions of the Subdivision Map Act and this Development Code, and designed to be filed for recordation in the office of the County Recorder.
Flophouse. A flophouse offers very inexpensive lodging, generally by providing minimal services. Flophouse occupants generally share bathroom facilities and reside in quarters that are typically very small and may resemble office cubicles more than a room in a hotel or apartment building. Persons making use of this type of lodging are often transients.
Floor Area, Gross (GFA). The total area calculation of all floors and mezzanines of a building, measured to the outside face of the exterior walls, including hallways, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas 600
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Ontario Development Code Page 9.01-15 (Rev. 12.03.202407.01.2025) having a clear height of at least 7 FT, but excluding area used exclusively for vehicle parking or loading. The GFA calculation also includes any usable area not provided with surrounding walls, which is under the horizontal projection of a roof or canopy, or floor above. A GFA calculation shall not include mezzanine areas used as catwalks and platforms for conveyers, equipment, and related workstations.
Floor Area, Net. The total area calculation of all floor areas and mezzanines of a building, measured to the inside face of the exterior walls, excluding stairwells, elevator shafts, equipment rooms, and all floors below the ground floor, except when used or intended to be used for human habitation or service to the public, and area used exclusively for vehicle parking or loading. A net floor area calculation shall not include mezzanine areas used as catwalks and platforms for conveyers, equipment, and related workstations.
Floor Area Ratio (FAR). Floor area ratio is used as a measure of the intensity of a site being developed, represented by the mathematical formula of dividing the gross floor area of the building (measured in SF) by the lot area of the same lot on which the building is located , to generate a ratio of building area to land area.
Frontage. The edge of a property that is adjacent to a public or private street, or main drive aisle through a common interest subdivision.
Fueling Stations. See "Gasoline Service Station."
Funeral Director Services. The occupation or function of organizing funerals and funeral activities and managing funeral establishments.
Funeral Establishment. A business with assembly facilities for the purpose of conducting observances for dead persons, such as viewing bodies, funerals, and memorial services. A funeral establishment does not include facilities for the preparation of the dead for burial or cremation.
Funeral Parlors (Mortuaries). Establishments with facilities for the preparation of the dead for burial or cremation, excluding establishments with facilities for viewing bodies and for funerals.
G. Definitions of Words Beginning with the Letter "G."
Game Arcade. An establishment that has 50 percent or more of the public floor area devoted to the use of video games, pinball machines, computers, or other similar devices, which are available to the public for compensation. The devices may be used for gaming, internet access, e -mail, access to computer software programs, and other similar activities. " Game arcades" includes cyber cafes, on-line internet gaming, and other similar facilities.
Garage. An accessory structure or portion of a main structure that is fully enclosed on all sides and specifically designed for the shelter or storage of motor vehicles.
Gasoline Service Station (Fueling Station, Gasoline (Gas) Station, or Service Station). A retail business engaged primarily in the sale of motor fuels, but also supplying goods and services generally required in the operation and maintenance of automotive vehicles and fulfilling motorist needs, including the sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; lubrication services; washing of automobiles as an incidental part of the business; performance of minor automotive repair, including engine tune ups, tire and battery replacement and brake replacement, but excluding painting, body work, steam cleaning or major repairs; and the supplying of other such incidental customer services, including limited 601
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(Rev. 12.03.202407.01.2025) Page 9.01-16 Ontario Development Code food and sundry items. The terms "fueling station, " "gasoline station, " "gas station, " and "service station," may be used interchangeably.
General Plan. The Policy Plan (General Plan) component of The Ontario Plan, which includes all adopted elements and maps, as it may be amended from time to time. The General Plan is the foundation for local land use planning, providing a vision for the foreseeable planning horizon—usually 10 to 20 years —and translates it into goals and policies for the physical development of the community.
Geologically Hazardous Area. An area that may be affected by one or more of the geologic hazards discussed in the General Plan of the City.
Government Code. The Government Code of the State of California. If at any time any of the sections of the Government Code referred to in this Development Code are redesignated by a new number, such new number shall thereupon be deemed substituted for such old number wherever the same appears in this Development Code.
Grocery Store. A retail establishment with at least 12,000 SF of floor area devoted to the sale of prepackaged food products, household items, newspapers and magazines, and sandwiches/salads and other freshly prepared foods for off-site consumption.
Gross Vehicle Weight Rating. The weight that equals the total unladen weight of the vehicle, plus the weight of the heaviest load that can be safely transported on the vehicle, according to the vehicle manufacturer.
Group Home. A residential facility for 6 or fewer occupants, which serves children or adults with chronic disabilities (mental or physical) and is staffed 24 hours a day by trained caregivers.
Guesthouse. Living quarters within a residential structure, which may be attached to, or detached from, the main dwelling, and is for the sole use of occupants of the main dwelling and persons employed on the premises, or for temporary use by non-paying guests for a period not to exceed 90 days within any 120-day period. A guesthouse has no kitchen facilities and cannot be rented or otherwise used as a separate residence.
H. Definitions of Words Beginning with the Letter "H."
Hardscape. A hard-surfaced area (e.g., driveways, patios, sidewalks, streets, walkways, water features, etc.), improved by means of asphalt, concrete, decomposed granite, laid block and/or brick, gravel, rock, slag, stone, and other similar materials, but excludes mu lch.
Hazardous Waste. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. Unless expressly provided otherwise, the term " hazardous waste" shall be undersold to also include " extremely hazardous waste " (HSC Section 25117). The EPA has established four characteristics of hazardous waste that can be determined by tests:
Ignitability: The ability to catch fire, or to burst into flame spontaneously or by interaction with another substance or material;
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Ontario Development Code Page 9.01-17 (Rev. 12.03.202407.01.2025) Corrosivity: The ability to wear away or destroy other materials, including human issue;
Reactivity: The ability to enter into a violent chemical reaction, which may involve explosion or flumes; and
Toxicity: The ability to release certain toxic constituents when leached with a mild acid (33 USC Section 1321 (b)(2)(A)).
For the purposes of the hazardous waste regulations contained in this Development Code, the following definitions shall apply:
1) Cement Kiln Incineration. The burning of organic wastes as a supplementary fuel at very high temperature during the production of cement.
2) Class "I" Land Disposal Facility. A land disposal facility which must conform to the requirements of the State Water Resources Control Board for Class "I" units, and which must be located where natural geologic features provide optimum conditions for isolation of wastes from waters of the state. Currently, these facilities may accept solid and dry hazardous waste. After 1990, they will be precluded from accepting any untreated hazardous wastes.
3) Class "II" Land Disposal Facility. A land disposal facility that must be located where site characteristics and containment structures isolate wastes from the waters of the State. Class "II" land disposal facilities are suitable for wastes which have been granted a variance from Hazardous Waste Management requirements pursuant to 22 CCR Section 66310.
4) Class "III" Land Disposal Facility. A land disposal facility for nonhazardous waste, including garbage, trash, refuse, paper, ashes. etc., provided such wastes do not contain hazardous or designated wastes. Class "III" facilities must conform to the requirements of the State Water Resources Control Board as specified in CCR, Title 23, Division 3, Chapter 15, commencing with Section 2510, and must be located where site characteristics provided adequate separation between the waste and the waters of the State (also called municipal or sanitary landfill.)
5) Deep Well Injection. Subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension (22 CCR Section 66224).
6) Disposal, Hazardous Waste. Hazardous waste disposal shall be defined as follows:
a) The discharge, deposit, injection, dumping, spilling, leaking or placing of any waste so that the waste or any constituent of the waste is or may be emitted into the air or discharged into or on any land or waters, including groundwater, or may otherwise e nter the environment; and
b) The abandonment of any waste (HSC Section 25113).
7) Hazardous Material. A substance or combination of substances which, because of its facility, concentration, or physical, chemical or infectious characteristics, may either:
a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Unless 603
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(Rev. 12.03.202407.01.2025) Page 9.01-18 Ontario Development Code expressly provided otherwise, the term "hazardous malarial" shall be understood to also include extremely hazardous malarial (22 CCR Section 66084).
8) Hazardous Substance. Hazardous substances shall be defined as follows:
a) Any substance designated pursuant to Slates Environmental Protection Agency has taken action pursuant to 15 USC Section 2606;
b) Any element, compound, mixture, solution or substance designated pursuant to Section 102 of the Federal Act, 42 USC Section 9602;
c) Any hazardous waste having the characteristics identified under or listed pursuant to 42 USC Section 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of Congress;
d) Any toxic pollutant listed under 33 USC Section 1317(a);
e) Any hazardous air pollutant listed under 42 USC Section 7412;
f) Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the United Procedure or Waste Extraction Test), or demonstrate toxicity in animal studies (22 CCR Section 66696 et seq.); and
g) Any hazardous waste or extremely hazardous waste as defined by HSC Section 25117 and HSC Section 25115, respectively, unless expressly excluded (HSC Section 25316).
9) Hazardous Waste Facility. Hazardous waste facility or facilities means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer storage, resource recovery, or recycling hazardous waste management units, or combinations of these units (HSC Section 25117.1).
10) Hazardous Waste Landfill. A disposal facility, or part of a facility, where hazardous waste is placed in or on land that is not a land treatment facility, a surface impoundment, or an injection well (22 CCR Section 66123). After 1990, the disposal of untreated hazardous waste, except solid clean up waste from existing contaminated sites in a landfill will be illegal (HSC Section 15179.6).
11) Hazardous Waste Collection. Establishments engaged in collecting and/or hauling hazardous waste within a local area.
12) Household Hazardous Waste Collection Center. A collection center that accepts household hazardous waste from residents, which consist of but not limited to, paint, waste oil, thinners. household cleansers, etc., with a capacity of less than 55 drums (equal to 3025 gallons) of waste.
13) Incinerator. An enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down hazardous waste, examples are a rotary kiln, fluidized bed liquid injection and a cement kiln.
14) Land Disposal Facility. Where hazardous waste is disposed in, on, under or to the land.
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Ontario Development Code Page 9.01-19 (Rev. 12.03.202407.01.2025) 15) Land Farming (Land Application, Land Spreading). A treatment technique that involves spreading the waste on land and utilizing evaporation and microbial action to degrade the wastes. Used primarily for crude oil wastes.
16) Off-Site Hazardous Waste Facility. An operation involving handling, treatment, storage or disposal of hazardous waste at a site physically separate from the site where the waste was generated; at a site not owned by, or leased to the producer of the waste; or at a site which receives hazardous waste from more than one generator. Also see "specified hazardous waste facility."
17) On-Site Hazardous Waste Facility. An operation involving treatment and storage of hazardous waste on land owned by the waste producer, contiguous to the site of waste generation, which receives hazardous waste produced only by the generator.
18) Residuals Repository. A hazardous waste facility which accepts for disposal only treated hazardous waste, meets all applicable federal and state regulations, and holds a hazardous waste facility permit.
19) Specified Hazardous Waste Facility. An off-site hazardous waste facility that accepts disposal wastes from more than one producer of hazardous waste (HSC Section 25199.1(m)). For purposes of this Development Code, a household hazardous waste collection center with a capacity of less than 50 drums of waste is not considered a specified hazardous waste facility.
20) Storage Facility/Hazardous Waste. A hazardous waste facility at which hazardous waste is contained for a period greater than 96 hours at an off -site facility or for periods greater than 90 days at an on-site facility (HSC Section 25123.3).
21) Surface Impoundment. A facility or part of a facility that is a natural topographic depression, man -made excavation, or diked area, formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes containing free liquids , and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds and lagoons (HSC Section 66200).
22) Transfer Stations. Any hazardous waste facility where hazardous wastes are located, unloaded, pumped or packaged (22 CCR Section 66212).
23) Transportable Treatment Unit. Hazardous waste treatment works which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time.
24) Treatment Facility. A facility at which hazardous waste generated in the City of Ontario is subjected to treatment or where a resource is recovered from a hazardous waste.
25) Waste Pile. Any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage (22 CCR Section 66160).
Height (of a Building or Structure). The vertical dimension of a building or any other type of structure measured from the lower of existing grade or finished grade elevation to the highest point of the roof, not including chimneys, antennas, or other appurtenant structures. The height of structures shall be measured vertically, from a line representing a horizontal plane drawn through either the base of the structure at the lowest elevation of the existing grade prior to development 605
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(Rev. 12.03.202407.01.2025) Page 9.01-20 Ontario Development Code or finished grade of the structure, whichever is lower, to a line representing a horizontal plane drawn through the highest point of the roof or through the coping of a flat roof, the deck line of a mansard roof or the highest ridge of a sloping roof.
Historic Preservation. " Historic Preservation" refers to the treatment of historic places and sites. For the purposes of the historic preservation regulations contained in this Development Code, the following definitions shall apply:
1) Alteration. Any exterior change or modification, through public or private action, to the character-defining or significant physical features of properties affected by this Development Code, such as changes to or modification of a structure, architectural details or characteristics, rock curbs, the addition of new structures, cutting or removal of trees, and the placement or removal of significant objects, including but not limited to signs, plaques, light fixtures, street furniture, walls, fences, or steps, which affect the significant historical qualities of the property. This may also include any identified significant interior features of historic property.
2) Certificate of Appropriateness. A certificate issued by the Approving Authority approving plans, specifications, statements of work, and any other information that are reasonably required by the Approving Authority to make a decision on any proposed alteration, restoration, rehabilitation, construction, removal, relocation, or demolition, in whole or in part, or to an historic resource.
3) Certificate of Economic Hardship. A certificate authorizing work described in the accompanying Certificate of Appropriateness granted by the Approving Authority because of extreme financial privation or adversity.
4) Certified Local Government. A local government certified under a federal program by the State office of Historic Preservation for the purpose of more direct participation in federal and state historic preservation programs.
5) Character-Defining Feature. The man-made elements embodying style or components of an improvement, including but not limited to the kind and texture of the building materials, roof pitches, exterior wall finishes, and the type and style of all windows, doors, lights, signs, and othe r fixtures appurtenant to such improvement.
6) Contributing Resource. Any improvement, building, structure, sign, feature, tree, or other object adding to the historical, architectural or cultural significance of an historic district.
7) Demolition. Any act or process that destroys in part or in whole an individual historic resource or a structure within an historic district.
8) Design Guidelines. The principles contained in a document, which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to aid design and decision -making with regard to retaining the integrity of scale, design, intent, materials, feelings, patterns of development, and historic character of an historic resource.
9) Designated Site. A parcel or part thereof on which an historic resource is situated, and any abutting parcel or part thereof constituting part of the premises on which the Historical Resource is situated, and which has been designated a historic landmark or district.
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Ontario Development Code Page 9.01-21 (Rev. 12.03.202407.01.2025) 10) Historic Context. A framework for interpreting history that groups information about historical resources sharing a common theme, geographical area, or chronology. The development of "historic context " is a foundation for decisions regarding the planning, identification, evaluation, registration, and treatment of historical resources based upon comparative historic significance.
11) Historic District. Any defined contiguous or noncontiguous grouping of properties that share a common theme and/or period of significance containing a concentration of improvements which have a special historical interest or value, which possess integrity of location, design, setting, materials, workmanship, feeling, and association, or which represent one or more architectural periods or s tyles typical to the history of the City, and that has been nominated or designated a Historic District, or placed on the National Register of Historic Places or the California Register of Historical Resources.
12) Historic Integrity. The authenticity of a property 's historic identity evidenced by the survival of physical characteristics that existed during the property 's prehistoric or historic period.
Historic integrity is the composite of seven qualities which include location, design, setting, materials, workmanship, feeling, and association.
13) Historic Landmark. Any singular Historical Resource that has been nominated or designated, or placed on the National Register of Historic Places, or the California Register of Historical Resources.
14) Historic Resources. Improvements, buildings, structures, signs, features, Historic Districts, conservation zones, trees, or other objects of cultural, architectural, or historical significance to the City, State, Region, or the Nation, which have been determined to be eligible for nomination or designation and determined to be appropriate for historic preservation by the Approving Authority.
15) Historic Resources Survey. A survey conducted to identify, record, and evaluate historic properties within a community, neighborhood, project area, or region. A reconnaissance level survey involves the preparation of a Primary Record form (or DPR523A) pursuant to standards established by the California Office of Historic Preservation. A Primary Record documents the location and physical description of a building, structure, object, or site. An intensive level survey involves the preparation of a Building, S tructure, and Object (BSO) Record form (or DPR523B) pursuant to the standards established by the California Office of Historic Preservation. A BSO Record is used to evaluate and present detailed information about buildings, structures and objects. The inte nsive level survey will also evaluate areas or neighborhoods for historic significance and a DPR523D form will be prepared.
16) Improvement. Any building, structure, fence, gate, tree, wall or other specified object constituting a historical physical feature of real property, or any part of such feature.
17) Local Historic Status Codes. A classification system that identifies historic resources based on the level of evaluation and designation for which the property has been approved.
18) Mills Act Contract. A property contract entered into between the City and a property owner that provides a potential for lower property taxes in return for the rehabilitation, restoration and preservation of a qualified historical property pursuant to GC Section 50280 , et seq.
19) Noncontributing Resource. Any improvement, building, structure, sign, feature, tree or other object that does not add to the historical, architectural or cultural significance of a district. 607
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20) Object. A material thing of historical, cultural or architectural value.
21) Ontario Register. A list that includes historic resources that have been surveyed at the intensive level (DPR523A and DPR523B) and determined to be eligible for local, state, or national through a regulatory process. This includes " determined eligible," "designated," and "nominated" properties. Historic Preservation Subcommittee maintains the Ontario Register.
22) Ordinary Maintenance and Repair. Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same, to its condition prior to the occurrence of such deterioration or damage.
23) Period of Significance. The length of time when a property was associated with important events, activities, or persons, or attained the characteristics which qualify it for listing in the Local, State, and/or National Register.
24) Preservation. The identification, study, protection, restoration, rehabilitation, or acquisition of Historical Resources.
25) Secretary of the Interior Standards for Rehabilitation. The guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with Guidelines for Applying the Standards.
26) Statement of Significance. An organizational format which groups information about related historical resources based on theme, geographic units, and chronological period. The information should describe why the resource is significant within a relevant historic context.
27) Significant Feature. The man-made elements embodying style or components of an improvement, including but not limited to the kind and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
28) State Historic Building Code. HSC Part 2.7 (commencing with HSC Section 18950), and the regulations promulgated thereunder, as they may be amended from time to time (24 CCR, Part 8).
Home Occupation. An occupation conducted by the occupant of a dwelling as a secondary use in which there is no display, no stock-in-trade, no commodity sold on the premises, no person employed other than residents of the dwelling, and no mechanical equipment used, except for that necessary for housekeeping purposes.
Hotel. A lodging facility, which offers transient accommodations at a daily rate, to the general public, and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.
Household. One or more individuals occupying a single dwelling, with common access to and use of all living, eating, and kitchen facilities within the dwelling.
Household Pet. A small, domesticated animal, normally allowed access to the house or yard, kept for company, security or pleasure, limited to any combination of dogs, cats, potbellied 608
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Ontario Development Code Page 9.01-23 (Rev. 12.03.202407.01.2025) pigs, rabbits, chinchillas, and other small, domesticated animals that are maintained for non - breeding purposes only.
Human Signs. A sign held by, or attached to, a human for the purpose of advertising or otherwise attracting attention to an individual, or a business, commodity, service, or product, and includes the use of a person dressed in costume for the purpose of advertising or attracting attention to an individual, business, commodity, service, or product. A " human sign" may also be referred to as a human billboard, human directional, sign walker, sign waver, or sign twirler.
I. Definitions of Words Beginning with the Letter "I."
Immediate Neighborhood. The block in which the subject property is located, as well as the opposite block face along the same street.
Improvement. Any street work and utilities to be installed, or agreed to be installed, by the subdivider on land to be used for public or private streets, highways, driveways, drive aisles and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, and drainage needs as a condition precedent to the approval and acceptance of the final tract map. Furthermore, the term shall mean any other specific improvement or type of improvement, whether public or private, the installation of which, either by the subdivider, public agencies, private utilities, any other entity approved by the local agency, or by a combination of such, which is necessary to ensure consistency with or implementation of the general plan or any applicable specific plan.
Industrial Clinic. Establishments of independent healthcare practitioners providing services to businesses and their employees, which are engaged in: [i] providing physical therapy services to patients with impairments, functional limitations, disabilities, or changes in physical functions and health status, which are a result of injury, disease or other causes received while on -the-job, or who require prevention, wellness or fitness services; [ii] planning and administering educational, recreational, and social activities designed to help patients or individuals with disabilities, regain physical or mental functioning or to adapt to their disabilities; and [iii] diagnosing and treating speech, language, or hearing problems.
Industrial Park (Industrial Complex). A development within an industrial zone or land use district, which consists of 2 or more buildings constructed by a single developer or group of developers and designed to function as a single cohesive unit in terms of access, parking, landscaping, property and landscape maintenance, and architecture, regardless of the subsequent parcelization. The terms "industrial park " and "industrial complex " may be used interchangeably.
In-Lieu Fee. A cash payment that may be required of an owner or developer as a substitute for the dedication of land or the construction of public improvements.
Interim Use. A use of land or a structure that is less than permanent, with the duration of the use subject to City approval.
Institutional Use. A privately operated use of a semi -public type, such as a church, convent, monastery, day care facility or hospital, nursing home, hospice facility, club, or lodge, philanthropic or charitable foundation, nonprofit library, art gallery, museum, or similar type of establishment.
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(Rev. 12.03.202407.01.2025) Page 9.01-24 Ontario Development Code Intensification of Use. The use of a property, site, or defined area of land, or a structure or portion of a structure, at a higher density (residential) or intensity (nonresidential) than previously recognized and/or approved by the City, either through development, redevelopment, infill, addition, or expansion.
J. Definitions of Words Beginning with the Letter "J."
Junior College. Establishments primarily engaged in furnishing academic, or academic and technical, courses and granting associate degrees, certificates, or diplomas below the baccalaureate level. The requirement for admission to an associate or equivalent degree program is at least a high school diploma or equivalent general academic training. Instruction may be provided in diverse settings, such as the establishments or client 's training facilities, educational institutions, the workplace, or the home, and through diverse means, such as correspondence, television, the internet, or other electronic and distance -learning methods. The training provided by these establishments may include the use of simulators and simulation methods.
K. Definitions of Words Beginning with the Letter "K."
Kennel. A place in which 4 or more dogs over 4 months in age are kept.
Kiosk. A small, freestanding lightweight structure less than 150 SF in area, sometimes open on one or more sides. Kiosks are often used as a newsstand or for small-scale merchandising.
Kitchen. A room or portion of a room in a structure, which is used for the purposes of preparing meals and contains the necessary cooking or food preparation facilities (and may include a microwave oven or hot plate) and shall also be equipped with a sink and hot and cold running water.
L. Definitions of Words Beginning with the Letter "L."
Lane (Alleyway) . The principal means of vehicular access to one or more abutting dwellings within a townhouse, rowhouse, or cluster development, which is not intended for through access and is privately owned and improved by means of asphalt, concrete, laid brick or block pavers, or other similar material providing all- weather access, excluding loose materials, such as gravel, stone or slag. The terms "lane" and "alleyway" may be used interchangeably.
Landscaped Area. The unpaved portion of a site containing planted areas and plant materials, including trees, shrubs, lawns and flowers and ground cover, together with such decorative elements as walkways, benches, patios, terraces, water features, and the like, suitable for ornamenting a site or structure, or use on the site. Landscaping may also include non -plant decorative material as an intended complementary aspect of a landscape design, such as:
1) Public art installed pursuant to Division 6.07 (Public Art) of this Development Code;
2) Decorative fountains, reflecting pools, and ponds;
3) Decorative rock, stone, bark, mulch, and other similar decorative materials installed for the purpose of reducing the need for the watering of plant material, and which does not cover more than 5 percent of the total landscaped area; and
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Ontario Development Code Page 9.01-25 (Rev. 12.03.202407.01.2025) 4) Trellises, porticos, arbors, and other similar garden structures, which do not exceed 6 FT in width, 3 FT in depth, and 8 FT in height.
Live Entertainment. Any live performance, including, but not limited to, all forms of music, theatrical or comedic performance, song, dance, karaoke, or vocal entertainment by a disc jockey (DJ) or announcer, in which one or more employees, independent contractors, guests, customers, or any other individual participates. Live entertainment shall also include dancing by patrons to live or recorded music.
Live entertainment shall not include ambient or incidental music provided for guests or patrons by one nonamplified musician, or the use of a radio, television, or other electronic playback device in any establishment, except when utilized by an announcer, DJ, master of ceremony (MC), or presenter, who at any time provides any form of vocal or visual entertainment for the purpose of gaining the attention and interest of, or diverting or amusing, guests or patrons, including the announcing of song titles or artists' names.
Living Area. The interior habitable area of a dwelling unit, including improved basements and attics, but does not include a garage or accessory structure.
Loading Area. The portion of a site developed for the loading or unloading of motor vehicles or trailers, including loading spaces, drive aisles and driveways.
Lodging Facility. An establishment that provides transient sleeping accommodations for rent.
Lodging House. See "Boarding House."
Lot. A unit or portion of land, separate from other units or portions by description, as shown on a final map or by other such map or instrument approved by the City or applicable government entity under the provisions of the Subdivision Map Act (commencing with GC Section 66410) and City ordinances in effect at the time of such approval, for the purpose of sale, lease, or financing. The classifications of "lot" are described as follows (see examples below):
Lot Types
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1) Corner. A lot located at the intersection of 2 or more streets.
2) Cul-De-Sac. A lot located on the turning end of a dead-end street.
3) Flag. A lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this Code for lot width but having a dimension of at least 20 FT at its narrowest point.
4) Interior. A lot other than a corner lot.
5) Key. The first interior lot to the rear of a reversed corner lot.
6) Reverse corner. A corner lot, the side of which on a street side is substantially a continuation of the front property line of the first lot to its rear.
7) Through. An interior lot having frontage on 2 parallel or approximately parallel streets.
Lot Area. The area within the property lines of a lot or parcel, exclusive of any dedications for public rights-of-way, parks, school sites or other public dedications.
Lot Area, Adjusted Gross. The gross lot area, excluding public highways, streets, alleys, and other public rights-of-way, and non-buildable easements for public utilities, railroads, and private streets.
Lot Area, Gross. The entire area within the boundaries of a lot or parcel, measured to the centerline of adjoining alleys, highways, or streets or to the underlying fee ownership of such adjoining alleys, highways or streets, whichever is applicable.
Lot Area, Net. A unit of land measure, not including the area within the established right - of-way of a public or private street or railroad , or any other area dedicated or required to be dedicated in the future for a public use.
Lot Coverage. The area devoted to principal and accessory structures on a lot, including patios enclosed on 3 sides, garages, and covered parking.
Lot Depth. The horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.
Lot Line. The lines bounding a lot (also see " Property Line"). The classifications of " Lot Line" are as follows:
1) Front. The line separating the narrowest street frontage of a lot from a public or private street right-of-way.
2) Interior side. Any lot line that is not a front or rear lot line, and that does not border a public or private street right-of-way.
3) Rear. The lot line opposite and most distant from the front lot line. In the case of an irregularly-shaped lot, a straight line shall be drawn within the lot most nearly parallel to and the maximum distance from the front lot line
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Ontario Development Code Page 9.01-27 (Rev. 12.03.202407.01.2025) 4) Street side. Any lot line that is not a front or rear lot line, and which abuts a public or private street right-of-way.
Lot Line Adjustment. A boundary realignment between 2 or more adjoining lots that are legally recognized and under the same or different ownership, where land taken from one lot is added to an adjacent lot, and where a greater number of lots other than originally existed is not thereby created. A lot line adjustment shall not result in the adjustment (moving) of more than 4 lot lines.
Lot Width. The horizontal distance between the side property lines of a lot, measured in a straight line in the mean direction of the front property line, at the minimum front yard setback line of a lot.
Low Barrier Navigation Center. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1) The presence of partners if it is not a population -specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2) Pets.
3) The storage of possessions.
1)4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
M. Definitions of Words Beginning with the Letter "M."
Maintenance. Repair work or upkeep on a structure, including painting, carpentry, glazing, and the reinforcement or replacement of defective parts, including roofs, foundations, structural members, and the like, but not including an addition, enlargement, or replacement of the structure.
Manufactured Home. A structure designed for single -family residential use that is factory made and is fully or partially assembled on the site of ultimate use, as permitted by Federal laws and the State of California.
Manufacturing. A use engaged in the manufacture, primarily from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental processing of extracted raw materials.
Marijuana. All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:
1) Industrial hemp, as defined in Section 11018.5 of the California Health & Safety Code; or
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(Rev. 12.03.202407.01.2025) Page 9.01-28 Ontario Development Code 2) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
Marijuana Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Marijuana Dispensary. Any association, cooperative, club, coop, delivery service, collective and any other similar use involved in the sale, exchange, bartering, giving away for any form of compensation whatsoever, possession, cultivation, use and/or distribution of marijuana.
Massage. Any method of treating the external parts of the body for remedial, health or hygienic purposes, by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice and shall include herbal body wraps.
For the purposes of the Massage regulations contained in the Development Code, the following definitions shall also apply:
1) Chair Massage. Any massage of the neck, arms, shoulders, hands, feet and back area above the waist, where the client is fully clothed, sitting upright in a chair, and done without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powd ers, creams, lotions, ointments, or other similar preparations.
2) Massage Establishment. An establishment having a fixed place of business where any person, association, firm, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving massage, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body, with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapo r, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
Master Plans. A term used to describe a process that determines community goals and aspirations in terms of community development. The outcome of comprehensive planning is the Master Plan (also referred to as the " comprehensive plan"), which dictates public policy in terms of transportation, utilities, land use, recreation, public safety, and housing. Master plans typically encompass large geographical areas, a broad range of topics, and cover a long-term timeframe.
Material Recovery Facility. A facility that receives, processes, and recycles municipal mixed solid wastes, commercial high- grade wastes (such as corrugated cardboard, newspaper, mixed papers, etc.), construction debris, commingled recyclable materials, and green waste, and ships recovered recyclables and residual solid waste to market or disposal destinations. These facilities typically include:
1) Materials handling, sorting, processing and compacting equipment and facilities;
2) Shipping/hauling of sorted materials, either by truck or rail;
3) Administrative functions, such as office, employee and training areas;
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Ontario Development Code Page 9.01-29 (Rev. 12.03.202407.01.2025) 4) Weighing of vehicles and collection of fees; and
5) Maintenance of vehicles and equipment used in conjunction with the facility.
Medical Marijuana Dispensary. Any association, cooperative, club, coop, delivery service, collective and any other similar use involved in the sale, possession, cultivation, use and/or distribution of marijuana for medicinal purposes.
Menu Board. A permanently mounted sign displaying the bill of fare of a drive -in, drive- through or walk-up restaurant.
Metal Salvage Yards. An establishment that collects and utilizes scrap metal for use as salable products.
Mezzanine. A second level, internal to a building or unit, composed of permanent or modular construction that adds usable square footage to a unit.
Mixed-Use Development. The development of a tract of land, building, or structure, which includes residential land uses in conjunction with a variety of complementary uses, such as, but not limited to, office, manufacturing, retail, public, or entertainment, in an integrated development project with significant functional interrelationships and a coherent and cohesive physical design.
Mobile Home. Same as "Manufactured Home," but subject to the National Manufactured Housing Construction and Safety Standards Act of 1974.
Mobile Home Park. A development designed exclusively for the placement of mobile homes on spaces or lots offered for sale, lease, rent or condominium ownership, including all improvements, buildings, structures, recreational areas, or other facilities for the use of the residents of such development, but not including any sites or spaces available on a transient basis.
Mobile Recycling Unit. An automobile, truck, trailer, or van, licensed by the California Department of Motor Vehicles, which is used for the collection of recyclable materials. This definition encompasses bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials. Mobile units shall not be visible from Euclid Avenue.
Monopole. A structure composed of a single spire used to support communications equipment.
Motel. A lodging facility that offers transient accommodations at a daily rate, to the general public, which are predominantly accessed from parking lots or exterior walkways.
Motorhome. A motor vehicle originally designed or permanently altered and equipped for human habitation.
Motor Truck. A motor vehicle designed, used, or maintained primarily for the transportation of property, which has two or more axles and a gross vehicle weight rating (GVWR) of more than 10,000 pounds (CVC Section 410).
Mortuaries. See "Funeral Parlors."
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(Rev. 12.03.202407.01.2025) Page 9.01-30 Ontario Development Code Mulch. A layer of o rganic material derived from plants (e.g., compost, leaf mold, peat, shredded bark, wood chips, etc.), which is applied to the surface of an area of soil to conserve moisture, improve the fertility and health of the soil, reduce weed growth, and enhance the visual appeal of the area. Nonstabilized decomposed granite or gravel may be used with appropriate California native landscapes.
Multiple Tenant Building. A building wherein two or more separate and independently owned, rented, leased, or operated commercial occupancies are contained.
Municipal Utility. A utility owned and operated by an agency of local government.
Mural. An original, noncommercial work of art that is displayed by being painted directly on, or being affixed directly to, the exterior wall of a building or structure, and which is clearly intended as a decorative or ornamental feature. Murals do not contain te xt, numbers, registered trademarks, registered logos, or business or service advertising or identification.
N. Definitions of Words Beginning with the Letter "N."
Neighborhood Convenience Facility. A retail establishment offering for sale, any prepackaged food products or household items, newspapers or magazines, salads or sandwiches, or other freshly prepared foods, for consumption off the premises.
Noncommercial Speech. Any message that is not determined to be commercial speech as defined in this Division.
Nonconforming Structure. A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to a zoning ordinance, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district.
Nonconforming Use. A use or activity which was lawful prior to the adoption, revision, or amendment to a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Nonprofit Social Service Organization. An organization that is incorporated under State law and has an unpaid board of directors, and which provides social services on a non-resident basis to the public, on an ability-to-pay or non-fee basis.
Nuisance. Anything that is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use in the cus tomary manner of any public park, street, sidewalk, alleyway, highway or other public easement is a nuisance. The classifications of nuisance are as follows:
1) Private Nuisance. A private nuisance is an interference with a person's enjoyment and use of their land, recognizing that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
2) Public Nuisance. A public nuisance interferes with the public as a class, not merely one person or a group of citizens; however, some nuisances can be both public and private in certain 616
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Ontario Development Code Page 9.01-31 (Rev. 12.03.202407.01.2025) circumstances where the public nuisance substantially interferes with the use of an individual' s land.
3) Attractive Nuisance. An attractive nuisance is alluring or fascinating to those persons, who, because of their age, inexperience, and/or mental capability, are unable to recognize its dangerous quality.
Nuisance Vegetation. Weeds and wild grasses, such as those commonly known as foxtails, tumbleweeds, devil thorns, puncture vines, horehound gourd vines, and other similar grasses and weeds.
Nursery School. See "Child Day Care Facility."
Nursing Home (Convalescent Home (Hospital), Rest Home, or Rehab (Rehabilitation) Facility). A lodging and care facility for convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, as given in hospitals or sanitariums, is not provided. The terms "Nursing Home," "Convalescent Home," "Convalescent Hospital," "Rest Home," or "Rehab Facility" may be used interchangeably.
O. Definitions of Words Beginning with the Letter "O."
Office Building. A building containing two or more separate, independently owned, rented, leased, or operated commercial, administrative or support services, or professional tenants, in which the primary access to the lease area of each occupant is from the interior of the building (from a lobby or foyer), as opposed to direct access from a street or parking lot.
Open Space. Any lot or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring the open space. Open space does not include area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing private and public streets, drive aisles, or driveways. The classifications of open space are as follows:
1) Common. Open space within an area owned, designed, and set aside for use by all occupants of a development, or the occupants of a designated portion of a development.
Common open space is not dedicated to the public and is owned or maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas, and greenbelts, and excludes streets, drive aisles, driveways, parking lots and other similar pavement areas, parkways, and landscaping within a public right-of-way.
2) Private. Open space directly adjoining a dwelling, which is intended for the private enjoyment of the occupants of the dwelling. For multiple -family dwellings, private open space includes area within private patios or balconies. For single -family dwellings, private open space includes front, rear, and side yard areas of individual lots.
Overlay District. A zoning district established by this Development Code that may be applied to an area or vicinity only in combination with a base zoning district.
Owner. Any person in possession, or any person(s) shown as owner(s) on the last equalized property tax assessment rolls.
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(Rev. 12.03.202407.01.2025) Page 9.01-32 Ontario Development Code
P. Definitions of Words Beginning with the Letter "P."
Passenger Vehicle. Any motor vehicle, unless the vehicle is used for the transportation of persons for hire, compensation, or profit.
Patio. An outdoor living area constructed at ground level, which may extend from a building or may be freestanding. Patios may or may not have covers or roofs, can take on any shape, and may be constructed of a variety of materials, including concrete, brick, stone, gravel, pavers, flagstone, or other similar materials.
Patio, Covered. A patio with a shade structure, consisting of a roof and structural supports.
Patio, Enclosed. A patio area, consisting of a roof and vertical walls on up to 3 sides which are a minimum of 65 percent open. For the purpose of this definition, the term "open" may include the use of screen material and/or plexiglass, or other similar material. An enclosed patio shall not include any portion of a building that is habitable, as defined in the Uniform Building Code.
Parcel Map. A map that is designated to be placed on record with the office of the County Recorder for any subdivision creating 4 or fewer lots, or 5 or more lots if the subdivision complies with the provisions of GC Section 66426.
Parking Area. A site, or a portion of a site, devoted to the off- street parking of motor vehicles, including parking spaces, aisles, access drives, and related landscape and screening areas.
Parolee, Federal. An individual convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a Federal parole officer.
Parolee, State Adult. An individual who is serving a period of supervised community custody, as defined in PC Section 3000, following a term of imprisonment in a state prison and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division.
Parolee, Youth Authority. An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer.
Pavement (Paving). An area improved by the laying or covering with a material, such as asphalt, concrete, laid brick, or concrete block, so as to form a substantially flat, hard, and level all-weather surface. The terms "pavement" and "paving" may be used interchangeably.
Personal Property Donation Bin. An unattended canister, bin, box, receptacle, or similar device used for soliciting and collecting donations of personal property.
Personal Services. Services of a household or personal nature, such as dry cleaning, apparel repair, beauty and barbershops, but not including adult businesses as defined in this article.
Philanthropic Institution. See "Charitable Institution."
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Ontario Development Code Page 9.01-33 (Rev. 12.03.202407.01.2025) Pickup Truck. A motor truck with a manufacturer 's gross vehicle weight rating (GVWR) of less than 11,500 pounds and an unladen weight of less than 8,001 pounds, which is equipped with an open box -type bed less than nine feet in length. The term "pickup truck" does not include a motor vehicle otherwise meeting the aforementioned definition, which is equipped with a bed - mounted storage compartment commonly called a "utility body" (CVC Section 471).
Place of Worship. See "Religious Assembly."
Planned Development. A development, other than a condominium or stock cooperative, having a common area owned by a property owner association, or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
Planned Residential Development. A residential development on a site under one ownership or under the legally incorporated control of the individual owner -members, approved in conjunction with a subdivision, developed as a single entity, allowing a mix of dwelling types and individual parcels, and containing commonly owned open space and recreation areas.
Planning Commission. The Planning Commission of the City of Ontario.
Planning Director. The Planning Director of the City of Ontario, or his/her designee.
Political Sign. Any election or non -election sign, advertising structure, or display that communicate any message or idea identifying, supporting, opposing, promoting, or conveying a position upon or relating to any political cause or issue, or candidate for public office , or proposition or issue connected with any local, special, state, or national election.
Pool Hall. See "Billiard Parlor."
Prezoning. The classification of unincorporated territory adjoining a City into one or more City zoning districts.
Primary Use, Activity , or Facility . The principal or main use, activity , or facility of land, buildings, or other structures.
Primary Business Activity. The principal concern or interest of a business, based upon volume of business activity, gross receipts, and gross floor area devoted to business activity, in order of rank or importance.
Property Line. A line of record, which bounds a lot, and which divides a lot from another lot, a public or private street, or from any other public or private space (also see " Lot Line").
Public Nuisance. A nuisance that affects at the same time, an entire community or neighborhood, or any large number of persons, although the extent of the annoyance of damage inflicted upon individuals may be unequal.
Public Service Installation. Buildings and other structures and equipment owned and/or operated by an agency of local, state or federal government.
Public Storage. See "Mini Warehouse."
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(Rev. 12.03.202407.01.2025) Page 9.01-34 Ontario Development Code Public Right-of-Way. Any public street, alley, sidewalk, street island, median, or parkway that is owned or granted by easement, operated, or controlled by the City.
Public Utility Installation. Buildings and other structures and equipment owned and operated by a public utility or private utility company subject to the regulation of the Public Utility Commission of the State.
Public View. Observable or likely to be observed by a person positioned on publicly or privately owned property, at a location to which the public have unfettered access.
Q. Definitions of Words Beginning with the Letter "Q."
Reserved
R. Definitions of Words Beginning with the Letter "R."
Recognized Lot. Any lot that was a separate lot of record on November 5, 1947, as shown in the official records of the County Recorder, or any lot that was created after July 21, 1977, in accordance with State law or any applicable City law, or any lot that, at the time of annexation of the City, was a separate lot of record, as shown in the official records of the County Recorder.
Recreational Vehicle. A vehicle towed or self -propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick -up campers, camping trailers, motor homes, converted trucks or buses, boats and boat trailers, all -terrain vehicles, truck campers, personal water craft and trailers for their transport, off -road vehicles, fifth-wheel trailers, utility trailers and horse trailers. All-terrain and off-road vehicles licensed for use on the public street shall not be considered a recreational vehicle, such as 4 -wheel drive pick -up trucks, sport utility vehicles, and 4-wheel drive passenger vehicles.
Recreational Vehicle Park. A facility for the accommodation of recreational vehicles for short-term periods, generally for not less than one night and not used as a place of residence by persons, other than a manager or other employee and their families.
Recycling Center. A center for the collection and/or processing of recyclable materials certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (commencing with PRC Section 14500). A recycling facility does not include storage containers or processing activity on the premises of a residential, commercial, or industrial use, and used solely for the recycling of material generated by the residential property, business, or industry. For the purposes of these provisions, recyclable material shall mean reusable material, including, but not limited to metals, glass, plastic, and paper intended for reuse, remanufacture, or reconstitution for use in an altered form. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code. Recycling facility is further def ined as follows:
1) Large Collection Facility. A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public, that occupies an area of more than 500 SF, is not appurtenant to a host use and may use a permanent building. In addition, large collection facilities may have the capacity for aggregating and storing large amounts of material on- site.
2) Processing Facility. A facility certified by the California Department of Conservation, which purchases empty aluminum beverage containers, bimetal beverage containers, glass 620
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Ontario Development Code Page 9.01-35 (Rev. 12.03.202407.01.2025) beverage containers, plastic beverage containers, or any other beverage containers, including any one or more of those beverage containers that have a refund value established pursuant to the California Beverage Container Recycling and Litter Reduction Act, from recycling centers within the state of California, for recycling. Processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials, and repairing of reusable materials sufficient to qualify as a certified processing facility. A processing facility shall not shred, compact, or bale ferrous metals, other than food and beverage containers.
3) Reverse Vending Machine. An automated mechanical device that accepts one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass, and plastic bottles, and issues a cash refund or a redeemable voucher. A reverse vending machine may sort and process containers mechanically if the entire process is enclosed within the machine.
4) Small Collection Facility. A center of not more than 500 SF in area for the acceptance by donation, redemption, or purchase, of recyclable materials from the public, and consisting of one or more of the following:
a) Mobile Recycling Unit . An automobile, truck, trailer, or van that is licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
b) Bulk Reverse Vending Machine. A reverse vending machine that is larger than 50 SF in area, is designed to accept more than one container at a time and will pay by weight rather than by individual container.
c) Kiosk Type Unit. Portable recycling units but may include small permanent structures.
d) Unattended Containers. Any unattended container placed for the donation of recyclable material.
Rehab (Rehabilitation) Facility. See "Nursing Home."
Religious Assembly (Place of Worship). A facility operated for worship or recurring organized religious services, or activities, including churches, temples, mosques, synagogues, and other similar facilities of religious instruction. Such facilities may include a variety of traditional accessory uses, amenities and activities, such as offices, classrooms, multi -purpose rooms, play fields and gymnasiums, rectory, and other land uses identified in Table 5.02 -1: Land Use Matrix . group living quarters, child and adult daycare facilities, and incidental retail activities that support the primary religious activity, limited to the sale religious books and paraphernalia. "Religious assembly" within commercial, mixed-use, and specialized use zoning districts may also include nontraditional accessory uses, amenities, and activities, such as general retail sales, entertainment facilities, sports and recreation centers, and broadcasting and recording studios . "Religious assembly" shall not include dwellings periodically used for religious activities that are clearly incidental to the primary residential use of the dwelling and do not create a nuisance.
Residence Inn. A lodging facility consisting of one or more buildings containing individual guest rooms or suites of rooms and/or dwelling units, which may provide kitchen facilities, 621
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(Rev. 12.03.202407.01.2025) Page 9.01-36 Ontario Development Code amenities, recreational facilities, and/or meals. "Residence inn" shall not include residential, group, or community care facilities, as defined in this Division.
Residential Complex. Multiple-family residential developments, mobile home parks, and common interest developments, each consisting of 5 or more dwelling units constructed by a single developer or group of developers, and designed to function as a single cohesive unit in terms of access, parking, landscaping, property and landscape maintenance, and architecture, regardless of the subsequent parcelization.
Residential, Group, or Community Care Facility. Any family home, group care facility, or similar facility that provides 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. This type of facility with 6 or fewer people in residence shall be viewed as a single- family residence. This type of facility with 7 or more people in residence shall be viewed as a single- family or multiple -family residence, depending upon the building type involved facility, place or building that is maintained and operated to provide residential care as defined by State law and including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, abused or neglected children and the elde rly. Community Care F acilities include, but are not limited to, the following: residential facility, adult day care facility, therapeutic day services facility, foster family agency, foster family home, small family home, social rehabilitation facility, community treatment facility, full service adoption agency, noncustodial adoption agency, and transitional shelter care facility. Any of these facilities with 6 or fewer people in residence shall be viewed as a single-family residence.
Residential Project. Conditional Use Permit, Development Plan, Subdivision Map, or other discretionary or ministerial land use approval that authorizes the development of one or more dwellings and/or residential lots.
Respite/Recuperative Care. Short-term residential care for homeless individuals who no longer require hospitalization but still need to heal from an injury or illness (including behavioral health conditions) and whose condition would be exacerbated by an unstable living environment.
Rest Home. See "Nursing Home."
Restaurant. A business establishment that prepares and serves food and drinks to customers in exchange for money. The classifications of restaurant are described as follows:
1) Full-Service Restaurant. A sit-down eatery where food is served directly to the customers' table. These establishments may sell alcoholic beverages. Food and drink may be consumed on the premises, taken out, or delivered to customers' locations.
2) Limited Service Restaurants. An e stablishment whose patrons generally order or select items and pay prior to eating. Food and drink may be consumed on the premises, taken out, or delivered to customers' locations.
3) Cafeterias. A restaurant or dining room in a school or a business in which customers serve themselves or are served from a counter and pay before eating.
Reviewing Authority. Advisory Authorities, Approving Authorities, and Appeal Authorities of the City, which are responsible for acting on [i] land use or development entitlements, permits, 622
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Ontario Development Code Page 9.01-37 (Rev. 12.03.202407.01.2025) and licenses; and [ii] other planning, zoning, and/or development actions and decisions, as established by Division 2.02 (Application Filing and Processing) of this Development Code.
Rooming House. See "Boarding House."
S. Definitions of Words Beginning with the Letter "S."
Salvage Facility. Any place of outdoor storage or deposit for the storing, keeping, processing, buying, or selling of junk motor vehicles and/or scrap metal, or an outdoor area used for the operation of a motor vehicle graveyard . A s alvage facility does not include a garage where wrecked or disabled motor vehicles are stored for less than 90 days, for repairs.
As used in this definition, the following terms shall apply:
1) Motor Vehicle Graveyard. A yard, field, or other outdoor area used or maintained for storing or depositing more than one junk motor vehicle on a property owned or controlled by the owner of the Junk Motor Vehicle. A Motor Vehicle Graveyard does not include the following:
a) An area used by a motor vehicle hobbyist to store, organize, restore, or display motor vehicles, or parts of such vehicles, provided that the hobbyist's activities comply with all applicable federal, State, and local laws;
b) An area used by a motor vehicle dealership for the storage of new or used operational motor vehicles; and/or
c) An area used or maintained for the temporary parking or storage of operational commercial motor vehicles, which are temporarily out of service and/or unregistered but are expected to be used in the future by the motor vehicle owner or operator. For the purpose of this definition, "temporarily out of service and/or unregistered" shall mean a period of 90 days from the date of placement or discovery.
2) Junk Motor Vehicle. A discarded, dismantled, wrecked, scrapped, or ruined motor vehicle, or parts thereof, or a motor vehicle, other than an on -premise utility vehicle, which is allowed to remain unregistered for a period of 90 or more days from the date of placement or discovery.
School, Private. A school owned and operated by a private entity.
School, Public. A school owned and operated by a public school district.
Self-Storage Facility. A structure or group of structures containing separate storage spaces of varying sizes to be leased or rented on an individual basis.
Senior Citizen. As set forth in CC Section 51.3, as said section may be hereinafter amended.
Senior Citizen Housing Development. A housing development consistent with the California Fair Employment and Housing Act, which has been designed to meet the physical and social needs of senior citizens, and which otherwise, qualifies as housing for senior citizens pursuant to CC Section 51. 1. Senior Citizen Housing Developments shall not include Congregate Care Facilities, as defined in this Division.
Service Station. See "Gasoline Service Station."
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Setback Area. A required open space area on a parcel of land, unobstructed and unoccupied from the ground upward, except as permitted by this Development Code. The classifications of setback area are described as follows:
1) Front. An area that abuts a public or private street, or access easement, which extends across the full width of a lot, the depth of which is the minimum required horizontal distance specified for the zoning district, measured in a straight line perpendicular to the front lot line and extending from the front lot line (measured from face-of-curb in the case of an access easement) toward the interior of the lot, to a line parallel to the front lot line.
2) Interior Side. An area that abuts another lot or lots, extending across the full depth of a lot, the width of which is the minimum required horizontal distance specified for the zoning district, measured in a straight line perpendicular to the interior side lot line, an d extending from the interior side lot line, toward the interior of the lot, to a line parallel to the interior side lot line.
3) Rear. An area extending across the full width of a lot, the depth of which is the minimum required horizontal distance specified for the zoning district, measured in a straight line perpendicular to the rear lot line and extending from the rear lot line toward the interior of the lot, to a line parallel to the rear lot line.
4) Street Side. An area that abuts a public or private street, or access easement, which extends across the full depth of a lot, the width of which is the minimum required horizontal distance specified for the zoning district, measured in a straight line, perpendicular t o the street side lot line and extending from the street side lot line (measured from face of curb in the case of an access easement), toward the interior of the lot, to a line parallel to the street side lot line.
Shopping Center. A group of retail stores and similar complementary establishments on a site that is planned and built as a coordinated unit, with shared pedestrian and vehicular circulation and off-street parking.
Single Room Occupancy Hotel. A cluster of 5 or more dwelling units on one property for weekly or longer tenancy and providing sleeping and living facilities for one or 2 persons within the unit, in which sanitary facilities are also normally provided and cooking facilities may be provided within each unit or shared by multiple units.
Single Tenant Building. A building in which no more than one owned, rented, leased or operated commercial occupancy is contained.
Sign. Any writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other device, figure, or similar character that: [i] is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building, other structure or device; and [ii] is used to announce, direct attention to, or advertise; and [iii] is visible from the outside of a building.
The classifications of "sign," and definitions specifically related to the establishment of a sign, are as follows:
1) Backlit Awnings and/or Canopies. Awnings and/or canopies that are illuminated from behind so as to permit the transmission of light through a covering material, which thereby serves 624
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Ontario Development Code Page 9.01-39 (Rev. 12.03.202407.01.2025) to attract attention to the building or structure upon which the awnings and/or canopies are affixed.
2) Banner Signs. A Temporary sign of lightweight flexible plastic, nylon, fabric, or similar material. Banner signs are further classified as follows:
a) Promotional or Special Event Banners. A sign attached to a building, wall or fence, or otherwise suspended down or across its face for the purpose of advertising a promotion or special event for an interim period, as specified by this Development Code.
b) Street Banners. A sign that is mounted on City light standards within the right-of-way of arterial public streets, for the purpose of [i] promoting economic development messages to the general public, or [ii] for honoring the men and women of the City that are actively serving with the United States armed forces, or have died while serving.
3) Billboard Sign. A sign located in an area distant, and on a separate parcel of land from the place where the product, business, or premises being advertise is located.
4) Building Identification Sign. A sign that identifies the name of a building, or the primary use, establishment, activity, owner, or occupant of a building.
5) Center (Complex) Identification Sign. A sign that identifies a shopping center, office complex, industrial complex, or other use of a site containing more than one establishment.
6) Construction Sign. Signage that identifies contractors, lenders, designers, realtors, and other similar parties involved in the construction of a building or site.
7) Content Neutral Sign. Consistently applicable non -discriminatory sign regulations that specify, without reference to the content of the message, when, how, and where a sign can be displayed, with physical standards, such as, but not limited to, height, size and location, that allow the sign to be readable.
8) Descriptor Sign. Secondary signage that is intended to illustrate the products or services sold or offered by a business at the site on which the business is located.
9) Directional Sign. Signage intended to lead pedestrian and/or vehicular traffic to a predetermined location or destination.
10) Double-Faced Sign. A sign with two parallel opposing (back-to-back) faces.
11) Electronic Message Display. An LED, LCD, or plasma advertising display containing a changing text message or pictorial presentation.
12) Electronic Text Display. A sign with electronically controlled changeable copy and/or message containing internally illuminated letters whose function is primarily to scroll text. Such signs are intended for use with those retail, entertainment, and assembly uses that typically necessitate signs with easily changeable copy, such as fuel pricing signs, marquee -type signs for public or private schools, public facilities and services, theaters, convention centers, arenas, places of worship, and other similar assembly uses.
13) Fascia Sign. A sign on the exterior of a building that is attached to a wooden board or other flat piece of material that covers the ends of joists or rafters. 625
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(Rev. 12.03.202407.01.2025) Page 9.01-40 Ontario Development Code
14) Freestanding Sign. A sign structure that is permanently affixed to the ground, and includes: [i] complex identification monument signs, which identify a commercial, professional or industrial complex or center, which consists of 2 or more separate buildings, or 5 or more uses within one or more buildings; [ii] building or tenant (business) identification monument signs, which identify a single building or specific use or uses within an individual building; and [iii] freeway oriented signs.
15) Freeway Sign. A freestanding sign, including a sign incorporated into garden and screen wall, that is located within 600 FT of a roadway that is declared to be a freeway in compliance with the California Streets and Highways Code, and which complies with the minimum "freeway sign" requirements established by Division 8.01 (Signs) of this Development Code.
16) Fuel Island Canopy Sign. Signage placed on the fascia of a canopy structure located over pump (fuel dispenser) islands.
17) Historical Marker. An indicator, such as a plaque or sign, to commemorate an event or person of historic interest, and to associate that point of interest with a specific locale one can visit.
18) Human Sign. An advertisement that is applied to, worn, or held by a person. Most commonly, this means holding or wearing a sign, but may also include wearing advertising as clothing. A person holding a sign is known in the advertising industry as a "human directional," but may also be referred to as a "sign walker ," " sign waver," or "sign twirler ." Frequently, a " human directional" will spin or dance, or wear a costume with the promotional sign in order to attract attention.
19) Menu Board. A board on which a food menu is written.
20) Monument Sign. A freestanding sign with a solid base that is in close contact with the ground, which is equal to or larger than the width of the sign face and incorporates the architectural theme and building materials of the building(s) located on the property in which the sign serves.
21) Off-Site Subdivision Sign. A sign that is located off-site, which contains the name of and the direction of travel to a residential subdivision project in the City.
22) Permanent Sign. A sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign.
23) Pole Sign. A freestanding sign with visible support structure.
24) Political Sign. Any display utilized for the purpose of proposing or opposing the election of a candidate, or ballot measure or proposition.
25) Portable Sign. A sign not permanently attached to the ground or building, with a power-cord for connection to an electrical source, and readily removable using ordinary hand tools.
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Ontario Development Code Page 9.01-41 (Rev. 12.03.202407.01.2025) 26) Real Estate Sign. A temporary sign advertising the sale, rental, or lease of the premises upon which the sign is maintained.
27) Roof Sign. A sign mounted on or above the roof of a building, but not including a sign mounted on a parapet.
28) Single-Face Sign. A sign with only one face plane.
29) Supergraphics. A large -scale painted or applied sign, typically in bold colors and containing simple geometric or typographic designs, placed over exterior walls of buildings, and sometimes roofs.
30) Swooper Sign. A sign that is longer than it is wide, which is made of a flexible material (typically cloth, nylon, or vinyl), and mounted to a pole that allows it to fly freely, and is commonly used to attract attention to a business or event, or to advertise goods and/ or services.
31) Temporary Sign. Any sign not intended for permanent installation, which is incidental or secondary in nature, and is subject to a time limitation, such as banner signs, construction signs, political signs, and real estate signs.
32) Tenant (Business) Identification Sign . A sign displaying the name of the business to which it pertains and/or the name or description of the products or services sold or offered by the business at the site on which the business is located. A business identification sign may be an attached or freestanding sign.
33) Vehicle-Mounted Billboard (moving or stationary). An automobile, truck, trailer, semi- trailer, or other vehicle to which a business identification sign is mounted, painted, or otherwise affixed.
34) Wall Sign. A sign attached to the exterior wall of a building or structure.
35) Way-Finding Signs. Signage, including maps and other graphic or audible methods, which is used to convey location and directions to pedestrian and/or vehicular traffic .
36) Window Sign. A sign that is posted, painted, placed, or affixed to, or suspended or placed within 5 FT feet of the interior side of, a window or glass door of a building, which is intended for viewing from the exterior of the building.
Sign Area. The entire face of a sign, including the surface of any framing, projections or molding, but not including the support structure. The area of a sign consisting of individual channel letters mounted on a building wall or freestanding structure shall be calculated by including the entire area within a single, continuous perimeter enclosing the extreme limits of lettering, representation, emblem, or other display.
Sign Copy. Any words, letters, numbers, figures, designs, or any other symbolic representations incorporated onto the face of a sign, excluding building addresses.
Sign Face. The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.
Site. A parcel of land or combination of contiguous parcels of land.
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Division 9.01—Definitions
(Rev. 12.03.202407.01.2025) Page 9.01-42 Ontario Development Code Site Area. The net horizontal area included within the boundary lines of a site, not including the area of any easement within which the right of use has been relinquished, and not including the area within the established right-of-way of a public street, future public street, railroad, or any other area dedicated or to be dedicated for a public use.
Small Cell Facility. Has the same meaning as " small wireless facility" in 47 CFR 1.6002(l), or any successor provision, which is a personal wireless services facility that meets the conditions that, solely for convenience, have been set forth below.
1) The facility:
a) is mounted on a structure 50 FT or less in height, including antennas, as defined in 47 CFR Section 1.1320(d), or
b) is mounted on a structure no more than 10 percent taller than other adjacent structures, or
c) does not extend an existing structure on which it is located, to a height of more than 50 FT or by more than 10 percent, whichever is greater;
2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than 3 cubic feet in volume;
3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre -existing associated equipment on the structure, is no more than 28 cubic feet in volume;
4) The facility does not require antenna structure registration under 47 CFR Part 17;
5) The facility is not located on Tribal lands, as defined under 36 CFR Section 800.16(x); and
6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR Section 1.1307(b).
Special District. An agency of the State for the local performance of governmental or proprietary functions within limited boundaries including a county service area, a maintenance district or area, an improvement district, or any other area or district formed for the purpo se of designating an area within which a tax or charge will be levied to pay for a service or improvement benefiting that area, but not including a school district or community college district.
State. The State of California.
State Density Bonus Law. The laws, rules and regulations contained in GC Section 65915, as said section may be hereinafter amended.
State Freeway. Any section of a State highway that has been declared to be a freeway by resolution of the Highway Commission of the State, pursuant to the provisions of SHC Section 100.3, and/or any section of State highway that has been fenced by a State agency between intersecting streets, for the purpose of limiting or restricting access thereto.
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Division 9.01—Definitions
Ontario Development Code Page 9.01-43 (Rev. 12.03.202407.01.2025) Stealth Facility. Any wireless telecommunications facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof- mounted antennas, building -mounted antennas painted to match the existing structur e, antennas integrated into architectural elements and details, and antenna structures designed to look like light poles, trees, and flagpoles. Stealth facilities are also referred to as concealed antennas.
Street. Any public or private thoroughfare, other than an alley, that provides the principal means of access to abutting property and has been designed and/or constructed pursuant to the City 's minimum established standards for public streets. The classifications of " street" are as follows:
1) Arterial Street. A street with signals at important intersections and stop signs on the side streets that collect and distribute traffic to and from collector streets.
2) Collector Street. A street that collects traffic from local streets and connects with arterial streets.
3) Local Street. A street designed to provide vehicular access to abutting property and to discourage through traffic.
4) Private Street. A street in private ownership, which complies with all of the following:
a) The street is built to the standards for public streets established by the City of Ontario;
b) The street has not been accepted for dedication as a public street; and
c) The street is the principal means of vehicular access to properties that do not have access to a public street.
5) Public Street. A street that has been accepted for dedication by the City, the County, or the State.
Stock Cooperative. A development in which a corporation is formed to hold title to improved real property, and in which all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation.
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between the floor and the ceiling above it, and including basements used for primary use.
Structure. Anything that is built or constructed, whether installed on, above, or below the surface of land or water, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including light standards, poles, lines, cables, or other transmission or distribution facilities of a public utility.
Subdivider. A person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for oneself or others. The term shall not include employees or consultants of such persons or entities, acting in such capacity.
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(Rev. 12.03.202407.01.2025) Page 9.01-44 Ontario Development Code Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of-way. " Subdivision" includes a condominium project, as defined in CC Section 1351(f), a community apartment project, as defined in CC Section 1351(d), or the conversion of 5 or more existing dwelling units to a stock cooperative, as defined in CC Section 1351(m).
Subdivision Map Act. The provisions of GC Title 7, Division 2, commencing with Section 66410, and such amendments thereto as may be made from time to time.
Substandard Lot. Any lot that does not meet the minimum dimension or area requirement of the zoning district in which it is located and for which no variance has been obtained. In determining the minimum lot area or dimensions, the area of any easement that restricts the normal usage of the lot may be excluded.
Supermarket. See "Grocery Store."
Supportive Housing. As defined in HSC Section 50675.14(b)(2), "supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. For the purposes of this definition, the term "target population" means persons, including persons with disabilities, and families who are "homeless," as that term is defined by USC 42 Section 11302, or who are " homeless youth, " as that term is defined by GC 11139.3(e)(2) .
Furthermore, individuals and families currently residing in supportive housing meet the definition of "target population " if the individual or family was homeless when approved for tenancy in the supportive housing project in which they currently reside.
Swap Meet (Concession Mall). The retail sales of a variety of unrelated merchandise within a single enclosed establishment or marketplace by 5 or more independent persons, merchants and/or businesses, that individually occupy or make use of floor area or wall space, for which a fee, commission, rent, or lease is charged. The terms "swap meet" and "concession mall" may be used interchangeably.
T. Definitions of Words Beginning with the Letter "T."
Tasting Room. A separate area of the alcoholic beverage manufacturer 's licensed premises, maintained and operated by and for an alcoholic beverage manufacturer, wherein alcoholic beverages may be sold and served by an employee or designated representative of the
alcoholic beverage manufacturer, to consumers of legal drinking age for consumption on the alcoholic beverage manufacturer 's licensed premises. The alcoholic beverages served shall be limited to the products that are authorized to be sold by the alcoholic beverage manufacturer under its license issued by the California Department of Alcoholic Beverage Control. Alcoholic beverages manufactured elsewhere may not be sold in the tasting room or on the alcoholic
beverage manufacturer1s licensed premises. A tasting room is, and at all limes shall remain, an incidental use to the primary alcoholic beverage manufacturing use.
Temporary Use, Activity or Facility. A use, activity, or facility established pursuant to the requirements of this Development Code, for a specific period of time, with the intent to discontinue the use, activity, or facility at the end of the designated time period.
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Division 9.01—Definitions
Ontario Development Code Page 9.01-45 (Rev. 12.03.202407.01.2025) Tentative Map. A map prepared for showing the design of a proposed subdivision and the existing conditions in and around it. The classifications of "tentative map" are as follows:
1) Tentative Parcel Map. A tentative map for a proposed subdivision creating 5 or more lots, 5 or more condominiums as defined in CC Section 783, a community apartment project containing 5 or more parcels, or for the conversion of a dwelling to a stock cooperative containing 5 or more dwelling units, excepting those subdivisions that comply with the provisions of GC Section 66426(a) through (d).
2) Tentative Parcel Map. A tentative map for a proposed subdivision creating 4 or fewer lots or 5 or more proposed lots that comply with the provisions of GC Section 66426(a) through (d).
3) Vesting Tentative Map. A tentative map prepared in accordance with the provisions of this Title that shall have printed conspicuously on its face the words " Vesting Tentative Map" at the time it is filed.
Tow Truck. Pursuant to CVC Section 615A motor vehicle that has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly, or is otherwise primarily used to render assistance to other vehicles.
The term " tow truck " also includes a " roll-back carrier " designed to carry up to 2 vehicles, and excludes an automobile dismantler 's tow vehicle or a tow vehicle used for the repossession of vehicles, defined as follows:
1) Automobile Dismantlers' Tow Vehicle. A tow vehicle that is registered by an automobile dismantler licensed pursuant to BPC Division 5, Chapter 3 (commencing with Section 11500), and is used exclusively to tow vehicles owned by the automobile dismantler in the course of the automobile dismantling business.
2) Repossessor's Tow Vehicle. A tow vehicle that is registered to a repossessor licensed or registered pursuant to BPC Division 3, Chapter 11 (commencing with Section 7500), which is used exclusively in the course of the repossession business.
Tract Map. See "Final Map."
Trailer Coach. A trailer designed primarily for human habitation or human occupancy.
Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement, for a period of 30 days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed a transient until said 30-day period has expired.
Transitional Housing. Intended as a middle point between "emergency shelter " and permanent housing, "transitional housing" provides shelter for homeless individuals and families for up to 2 years, in an environment of security and support, which is designed to help residents progress toward self-sufficiency.
Transitional Living Centers. A facility for homeless persons, which varies by program and facility. The length of stay and services provided vary by program. Some transitional living facilities are simply shared houses with minimal supervision, while others may provide meals, medical care, employment assistance, case management, and other similar homeless services.
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(Rev. 12.03.202407.01.2025) Page 9.01-46 Ontario Development Code Transportation Terminal. A station or passenger terminal for any type of transportation system.
Trash Containers. Any container such as trash bags, boxes, or bins used to store trash, rubbish, or other such refuse matter that meets the requirements of OMC Section 6 -3.302 (Placement of Refuse, Recycling and Green Waste in Receptacles) and is placed at a collection point.
Travel Trailer. A non-motorized vehicle designed to be towed by a motor vehicle, used for recreation purposes, including human habitation while parked or at rest, but not as a permanent place of residence.
Tree. A plant having a permanently woody main, erect stem or trunk, with a circumference of at least 9.5 inches (or a diameter of 3 inches) at a height of 54 inches above natural grade at maturity, having a rather distinct and elevated head (crown), and usually developing branches at some distance from the ground.
Truck Camper. A recreation vehicle in which the part containing the living and sleeping accommodations is separate from the vehicle and may be removed from the bed of the truck.
Truck Tractor. A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the vehicle weight and load that is drawn. As used herein, the term " load" does not include items carried on the truck tractor in conjunction with the vehicle operation if the load carrying space for these items does not exceed 34 SF (CVC Section 655).
U. Definitions of Words Beginning with the Letter "U."
Unladen Vehicle Weight. The weight of a vehicle equipped and ready for operation on the road, including body, fenders, permanently attached boxes, and body parts, oil in the motor, radiator full of water, weight of 5 gallons of fuel, and any machinery, equipment, or attachment that functions as a part of the body or vehicle in its normal operation.
University. See "College."
Urban Farm. The growing of plants and products derived from them, which are grown and sold on the same lot, or sold off-site.
Use. The purpose for which land, buildings or other structures are arranged, designed, intended, constructed, erected, moved, altered, or enlarged, or for which either land, buildings or other structures may be occupied or maintained.
Used Merchandise Stores. Retail establishments primarily engaged in the sale of vintage goods, antique furniture and home furnishings, antique glassware, rare books and manuscripts, and other antique objects of art, and previously owned goods. "Used merchandise stores " does not include the retail sales of used motor vehicles and parts, such as automobiles, recreational vehicles, motorcycles, boats, motor vehicle parts, tires, and mobile homes, and pawn shops, which sell a variety of used merchandise but gen erate most of their revenue from interest and fees on loans.
The classifications of "used merchandise stores" are as follows:
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Division 9.01—Definitions
Ontario Development Code Page 9.01-47 (Rev. 12.03.202407.01.2025) 1) Antique Shops/Dealers. A retail establishment offering objects for sale that are 100 or more years old, such as works of art, furniture or decorative items, that are collected or desirable because of age, rarity, condition, utility, craftsmanship or other unique feature, and which represent a previous era in human society.
2) Collectibles Shops. A retail establishment offering new or used objects for sale, typically mass produced, which are less than 100 years old and are designed for people to collect or have value due to their rarity and/or desirability.
3) Consignment Shops. A retail establishment offering objects for sale that are owned by others and derives their profit by collecting a set fee for the objects that are sold or retaining a portion of their purchase price.
4) Flea Markets and Swap Meets. A single enclosed retail establishment offering a variety of unrelated objects for sale, within which individual sales booths, or stall or wall spaces are available for use, for which a fee, commission or lease is charged, for the display and/or sale of new, antique, vintage, or collectible objects or merchandise, or for the display and/or sale of services, by 5 or more vendors possessing a valid City business license.
5) Thrift and Secondhand Stores. A retail establishment operated by a charitable organization for the purpose of fundraising, offering objects for sale that are used, typically at reduced prices.
6) Used Goods Stores. A retail establishment offering objects for sale that that are used or previously owned, such as clothing, shoes, furniture, home furnishings, appliances, electronic equipment and devices, books, musical instruments, compact discs (CDs), tapes, records, an d specialty building materials architectural elements.
7) Vintage Shops. A retail establishment offering objects for sale that are more than 20 years old, and which exhibit the best of a certain quality, or qualities, associated with, or belonging to, a specific era, and is representational and recognizable as belonging to the era in which it was made.
V. Definitions of Words Beginning with the Letter "V."
Vanpool Vehicle. Any motor vehicle, other than a motor truck or truck tractor, which is designed for carrying more than 10, but not more than 15 persons (including the driver), which is maintained and used primarily for the nonprofit work -related transportation of adults f or the purposes of ridesharing (CVC Section 668).
Variance. A zoning instrument which allows deviation from development standards required in the Code when, because of special circumstances applicable to the property, strict application of Code requirements deprives a property the privileges enjoyed by other proper ties in the vicinity and under identical zoning. Any variance granted will assure that the adjustment granted will not constitute a special privilege.
Variety Store. An establishment primarily engaged in retailing new goods in general merchandise stores (except department stores, discount stores, warehouse clubs, superstores, and supercenters). These establishments retail a general line of new merchandise, such as apparel, automotive parts, dry goods, hardware, groceries, housewares or home furnishings, and other lines in limited amounts, with none of the lines predominating.
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(Rev. 12.03.202407.01.2025) Page 9.01-48 Ontario Development Code Veterinary Hospital. See "Animal Hospital."
W. Definitions of Words Beginning with the Letter "W."
Wellness Center. An establishment that offers health services for the body and mind, including but not limited to fitness, personal training, nutrition consulting, skin care services, massage, holistic and herbal therapies, and therapeutic application and retail sales of medicinal cannabis products containing cannabidiol (CBD) , but excluding all products containing tetrahydrocannabinol (THC).
Whip (Omnidirectional, Stick or Pipe) Antenna. An antenna that transmits signals in 360 degrees. Whip antennae are typically cylindrical in shape and are less than 6 inches in diameter and measure up to 18 FT in height.
Wine. The product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar, or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name, and which does not contain more than 15 percent added flavoring, coloring, and blending material, and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake (also known as Japanese rice wine).
Wine Grower. Any establishment licensed by the Department of Alcoholic Beverage Control of the State of California, which has facilities and equipment for the conversion of grapes, berries, or other fruit into wine, and is engaged in the production of wine within the C ity.
Wireless Telecommunications Facility. The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
X. Definitions of Words Beginning with the Letter "X."
Reserved
Y. Definitions of Words Beginning with the Letter "Y."
Yard. An open space unoccupied by and unobstructed from the natural ground upward, except as otherwise provided for in this Development Code. Required yards shall be measured parallel with the front, side or rear property line, as appropriate, in a line perpendicular to the nearest point of a structure on the site; provided, however, where a future right-of-way of a street, highway, freeway or railroad has been established, required yards shall be measured from the established right-of-way line.
Where a site abuts on a street having only a portion of its required width dedicated or a reserved for street purposes, the required yard shall be measured from the line establishing the additional width required for street purposes abutting the line.
On a site that is so irregularly shaped that the locations of the required front, side, and rear yards cannot clearly be identified, the locations and the manner of measurements shall be prescribed by the Zoning Administrator.
The classifications of "yard" are described as follows:
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Ontario Development Code Page 9.01-49 (Rev. 12.03.202407.01.2025)
1) Front. A yard that extends across the full width of a lot, between the primary (front) façade of the forward -most building on the lot and the front property line, the depth of which is the horizontal distance between the front property line and the structure.
2) Interior Side. A yard that abuts another lot or lots, extending between the front and rear yards, the depth of which is the horizontal distance between the side property line and a structure on the site.
3) Rear. A yard extending across the full width of a site, between the rear -most building and the rear property line, the depth of which is the horizontal distance between the rear property line the structure.
4) Street Side. A yard that abuts a public or private street, or access easement, extending between the front and rear yards, the depth of which is the horizontal distance between the side property line and a structure on the site.
Z. Definitions of Words Beginning with the Letter "Z."
Zoning District (Zone). A specifically delineated area, district, or zone within the City, in which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings. The terms "zoning district" and "zone" may be used interchangeably.
Zoning Administrator. The Zoning Administrator of the City of Ontario, or their designee.
9.01.015: Acronyms and Abbreviations
For the purposes of this Development Code, the following abbreviations and acronyms shall have the meanings listed below:
<—Less than
<—Less than or equal to
>—Greater than
>—Greater than or equal to
ABC—Department of Alcoholic Beverage Control of the State of California AC—Acre(s)
ADA—Americans with Disabilities Act of 1990
ADT—Average Daily Trips made by vehicles or persons within a 24-hour period ALUC—Airport Land Use Commission of the City of Ontario ALUCP—Airport Land Use Compatibility Plan
AQMD—Air Quality Management District
ARB—California Air Resources Board
BLM—United States Bureau of Land Management
BMP—Best Management Practices
BMR—Below Market Rate
BPC—Business and Professions Code of the State of California BTH—Brown trunk height
CAC—California Administrative Code
CalEPA—California Environmental Protection Agency
CalGreen—California Green Building Standards Code
CBD—Central Business District
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Division 9.01—Definitions
(Rev. 12.03.202407.01.2025) Page 9.01-50 Ontario Development Code CC—Civil Code of the State of California
CCP—Code of Civil Procedure
CC&Rs—Covenants, conditions, and restrictions
CCR—California Code of Regulations
CDBG—Community Development Block Grant
CEQA—California Environmental Quality Act of 1970, as amended CESA—California Endangered Species Act
CF—Cubic feet (foot)
CFD—Community Facilities District
CFR—Code of Federal Regulations
CHBC—California Historical Building Code
CIP—Capital Improvement Program
CLG—Certified Local Government
CMP—Congestion Management Plan
CNEL—Community Noise Equivalent Level
CNO—Chino Airport
CNO ALUCP—Chino Airport Land Use Compatibility Plan
COG—Council of Governments
CPI—Consumer Price Index
CSA—Community Service District
CUP—Conditional Use Permit
CVC—California Vehicle Code
CWA—Federal Clean Water Act
CY—Cubic yard
DAB—Development Advisory Board of the City of Ontario
dB—Decibels
DFG—California Department of Fish and Game
DG—Decomposed Granite
DMV—Department of Motor Vehicles of the State of California DOE—United States Department of Energy
DOT—United States Department of Transportation
du/ac—Residential dwelling unit per acre
DU—Residential dwelling unit
EC—Education Code of the State of California
EIR—Environmental Impact Report
EIS—Environmental Impact Statement
EPA—Federal Environmental Protection Agency
ESA—Federal Endangered Species Act
FAA—Federal Aviation Administration
FAR—Floor area ratio
FEIR—Final Environmental Impact Report
FEMA—Federal Emergency Management Agency
FHA—Federal Housing Administration
FHWA—Federal Highway Administration
FIA—Fiscal Impact Analysis
FIFRA—Federal Insecticide, Fungicide and Rodenticide Act FIR—Fiscal Impact Report
FT—Feet (foot)
GC—Government Code of the State of California
GFA—Gross floor area
GLA—Gross leasable area
HCD—California Department of Housing and Community Development 636
Division 9.01—Definitions
Ontario Development Code Page 9.01-51 (Rev. 12.03.202407.01.2025) HDR—High Density Residential
HPC—Historic Preservation Commission of the City of Ontario HSC—Health and Safety Code of the State of California
HUD—United States Department of Housing and Urban Development JPA—Joint Powers Authority
LAB—Labor Code of the State of California
LAC—Local Assistance Committee
LAFCO—Local Agency Formation Commission
LDR—Low Density Residential
LOS—Level of Service
MDR—Medium Density Residential
MOU—Memorandum of Understanding
NEPA—National Environmental Policy Act
NOC—Notice of Completion
NOD—Notice of Determination
NOP—Notice of Preparation
NPDES—National Pollution Discharge Elimination System
ODC—Ontario Development Code
ONT—Ontario International Airport
ONT ALUCP— Ontario International Airport Land Use Compatibility Plan OPA—Office of Permit Assistance of the State of California OPR—Governor's Office of Planning and Research of the State of California OMC—Ontario Municipal Code
PC—[i] Penal Code of the State of California; or [ii] Planning Commission PRC—Public Resources Code of the State of California
PUC—Public Utilities Code of the State of California
PUD—Planned Unit Development
Ref—Reference
RFP—Request for Proposal
RFQ—Request for Qualifications
RLUIPA—Religious Land Use and Institutionalized Persons Act R-O-W—Right-of-Way
RWQCB—Regional Water Quality Control Board
SCAQMD—South Coast Air Quality Management District
SF—Square Feet (Foot)
SFR—Single-Family Residential
SHC—Streets and Highways Code of the State of California SMA—Subdivision Map Act
TOD—Transit Oriented Development
TOT—Transient Occupancy Tax
USC—United States Code
WQMP—Water Quality Management Plan
WRCB—Water Resources Control Board
WUCOLS—Water Use Classifications of Landscape Species
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Division 9.01—Definitions
(Rev. 12.03.202407.01.2025) Page 9.01-52 Ontario Development Code
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Ontario Development Code Page 9.02-1 (Rev. 05.02.2023)
Division 9.02—Glossary
Sections:
9.02.000: Purpose
9.02.005: Applicability
9.02.010: Glossary of Terms and Phrases
9.02.000: Purpose
The purpose of this Division is to define common nomenclature used in explaining, depicting, expressing, illustrating, or portraying urban planning and architectural design concepts and elements.
9.02.005: Applicability
A. Unless otherwise apparent from the context, the urban planning and architectural design nomenclature stated in this Division may be used in the implementation of the development and design standards of this Development Code.
B. The words, terms, phrases, abbreviations, and acronyms defined in this Division shall be maintained in correct alphabetical order.
9.02.010: Glossary of Terms and Phrases
A. Definition of Words Beginning with the Letter "A."
Acoustical Separation. An area or component provided for the purpose of restricting sound transmission between abutting areas or building modules.
Arcades. Covered walkways attached to buildings and supported on one side by columns.
Arcades provide pedestrians with shelter and can serve to provide large buildings with a more human scale.
Articulation. The visible expression of architectural or landscape elements through form, structure or materiality. Articulation provides a method for reducing the scale and breaking up the mass of buildings and plazas.
Awnings. Roof-like shelters, generally of canvas, that project from the wall of a building.
Awnings serve to provide protection for buildings and pedestrians against the harsh elements of sunlight and weather.
B. Definition of Words Beginning with the Letter "B."
Bank. A sloping surface often used to create separation. See also "Berm."
Base. The bottom portion of a building, which generally supports its upper portions, both structurally and visually.
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Division 9.02—Glossary
(Rev. 05.02.2023) Page 9.02-2 Ontario Development Code
Bays. The term "bays" may be used when referring to the structural design of a building or when referring to parking lot design, as follows:
1) Bays of a Building. Structural modules occurring
between the vertical means of support. Structural bays generally occur between columns or load-bearing walls.
2) Parking Bays. Bays in parking lots are a "complete"
parking module consisting of a drive aisle with perpendicular or diagonal parking on one side (single -loaded parking bays) or both sides (double-loaded parking bays) (see figure, right).
Bay Windows. Window assemblies that protrude beyond
the wall plane of a building. Bay windows may be semi-circular, faceted, or rectangular, and often have their own roof. They are used to provide a wider view, bring in more light, and contribute to the articulation of a building's exterior.
Berm. An artificial bank of earth usually located along roadsides and off -street parking areas. Berms serve to physically and visually separate areas by raising the level of plants and other landscape elements.
Bollard Light. A short post, generally not more than 3 feet in height, with a built -in light fixture at its uppermost portion (see example, right).
Build-Out. Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations.
Build-To Lines. Building edges that are required to be placed at given locations, as established by the development standards of the City. Build -to lines are generally defined as a given distance from a property line, and can be used to encourage building fronts, entrances and windows to line and spatially define streets, parks, or plazas.
C. Definition of Words Beginning with the Letter "C."
Can Sign. A sign that is internally or externally illuminated, which is generally formed into a square or rectangular-shaped box.
Canopy. A structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity, or decoration, and may be structurally independent or supported by attachment to a building.
Cantilever. A horizontal projection without external bracing. Cantilevers may appear visually awkward, as they typically appear to have no apparent source of support.
Cap. The crowning feature of a wall. Caps protect walls from the weather and provide architectural detailing that contributes to the wall's visual interest.
Parking Bays
Bollard Light
Double-Loaded
Parking Bay
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Division 9.02—Glossary
Ontario Development Code Page 9.02-3 (Rev. 05.02.2023)
Cobrahead Light. A streetlight whose luminaire is
supported on a cantilevered arm, which extends over the street, having a profile vaguely resembling that of a cobra snake (see example, right).
Clapboard Siding. A building sheathing made up of
overlapping horizontal boards.
Clerestory Windows. Windows with high sills that are often used to bring in light when lower windows are undesirable because of privacy concerns.
Common Open Space. Semi-public areas intended for the
use of residents or workers within a project. Common open spaces may include gardens, plazas, or recreational spaces.
Connecting Walkways. Pedestrian paths that connect
buildings or open spaces directly to the street and are not overly circuitous. See also "Pedestrian Connections."
Cornice. Horizontal ornamentation on a building's façade, which is generally located near the top of a building's façade and is often located near the floor line of upper stories (see example , right).
Cupola. A small hat-like projection occurring the ridgeline of a roof. Cupolas traditionally covered the place where large structures, like barns, were vented.
D. Definition of Words Beginning with the Letter "D."
Detailing. The manner in which separate building elements are assembled. Careful detailing will minimize the effects of weather on buildings and promote an attractive and long - lasting appearance.
Dormers. Upright windows built out from a sloping roof.
Downspouts. Pipes that carry rainwater from a roof gutter to the ground or sewer.
E. Definition of Words Beginning with the Letter "E."
Eaves. The portion of a sloping roof that extends beyond the exterior wall of a building. See also "Overhang."
Egress. The point of exit.
Emulate. To represent or re -create the qualities of something else, without duplicating it literally. For example, historic styles may be emulated without copying an historic building.
Entry. The doorway into a building, along with the architectural treatments that accompany it.
Cobrahead Light
Cornice
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Division 9.02—Glossary
(Rev. 05.02.2023) Page 9.02-4 Ontario Development Code
F. Definition of Words Beginning with the Letter "F."
Fast Food. Those food service establishments offering relatively immediate service of pre - prepared food in disposable containers.
Fenestration. The arrangement of windows in a building.
Finishes. The materials applied to the surface of buildings or landscape elements. Properly applied finishes contribute to an attractive appearance and long-lasting wear.
Freestanding. To be supported at the ground and without support from a building or other structure.
G. Definition of Words Beginning with the Letter "G."
Gable Roof. A type of roof that slopes upward on two sides from the eaves to the ridge (see example, right).
Gateway. Generally, a major entry into a district or area, which is often emphasized through landscaping.
Gazebo. A small, free-standing structure with a roof, which is open on all sides. Traditionally, gazebos are used as an outdoor room within gardens, or to cover musicians performing in community concerts.
Glazing. The glass within a window.
Grade. The surface of a building site or its vertical elevation (often measured as feet above sea level).
Grasscrete. A paving material that supports the weight of an occasional vehicle, while also permitting groundcover to grow. Also referred to as "turf block".
H. Definition of Words Beginning with the Letter "H."
Hip Roof. A type of roof that slopes upward on all sides, from the eaves to the ridge (see example, right).
I. Definition of Words Beginning with the Letter "I."
Ingress. A point of entry.
J. Definition of Words Beginning with the Letter "J."
Reserved
K. Definition of Words Beginning with the Letter "K."
Reserved
L. Definition of Words Beginning with the Letter "L."
Gable Roof
Hip Roof
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Division 9.02—Glossary
Ontario Development Code Page 9.02-5 (Rev. 05.02.2023)
Landscape Architectural Feature. Decorative structural elements in a landscaped area, such as walks, benches, patios, terraces, water features, and the like.
Landscaped Buffer. An attractive arrangement of trees, shrubs, and other vegetation that acts as a divider between incompatible uses or activities.
Lattice. An open framework of wood or other members that is often used to partly block views or support vines.
Loggia. A roofed deck that is integrated within an upper level of a building.
Lotting Pattern. A recognizable arrangement of residential lots, which are of the same or varying sizes and widths.
M. Definition of Words Beginning with the Letter "M."
Major Entry. The most common point or points of ingress for a development project or building.
Mansard Roofs. Extremely steep as they slope
up from the eaves; this steeply sloped roof may end
in a roof with a shallow roof or a parapet. Mansard
roofs are a popular way of decorating tall parapets,
such as are used to screen the rooftop equipment
above fast food restaurants (see example, right).
Mass. The overall volume or form of a building
or building element.
Median. An area dividing opposing travel lanes at or near the middle of a road, which is often landscaped.
Metal Standing Seam Roof. A sheet metal roof that has its joints folded together and raised above the roof surface in order to attach metal sheets and prevent leaks.
Modules. Similar units or subcomponents that are combined to create a total building system.
Mullion. The outer structural vertical and horizontal members of a glazing system, which forms a division between the glazing units.
Muntin. The nonstructural vertical and horizontal members of a window that divides the window into individual lites and holds (or appears to hold) the individual panes of glass.
Muted. A softened or less-vivid color tone.
N. Definition of Words Beginning with the Letter "N."
Neotraditional. A form of design that attempts to recreate positive features of neighborhoods from an earlier generation.
O. Definition of Words Beginning with the Letter "O."
Mansard Roof
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Division 9.02—Glossary
(Rev. 05.02.2023) Page 9.02-6 Ontario Development Code
Oblique View. A view at an angle that allows one
to see more than one side of a building.
On-Site Parking. Parking stalls and aisles that occur
on parcels outside of a street right-of-way.
On-Street Parking. Parking stalls provided within the
street right-of-way. On-street parking is often in a parallel configuration, along the edge of curbs.
Opaque. Not transparent or semi-transparent.
Overhang. [1] The portion of a building that
extends horizontally beyond the building 's exterior wall (also referred to as the " eaves"); or [2] the portion of a motor vehicle that extends beyond the tires, to the front or back of a car (see examples, right).
P. Definition of Words Beginning with the Letter "P."
Parapet. A wall that extends above the roof, which
is often used to protect the edge of the roof, hide roof- mounted equipment, and express ornamentation.
Park. A place for public recreation that generally contains landscaped ground surfaces, such as lawns and gardens.
Pavers. Units of pavement assembled to form the " floor" of a plaza or street. Pavers are often made of concrete or terra cotta (brick).
Pavilion. A small, lightweight structure, often with a roof, used for recreation or shelter in a garden, park or plaza.
Pedestrian Connections. Sidewalks that provide convenient routes between destinations.
Pedestrian connections are generally lined by landscape and building features for the pedestrian's comfort and visual interest. See also "Connecting Walkways."
Pedestrian Oriented. Designing to make a building or structure inviting to pedestrian traffic.
Pilaster. A vertical architectural member that is integrated within a wall but is architecturally treated as a column and usually projects one-third or less of its width from the wall.
Place Making. The creation of pleasant and memorable spaces.
Plaza. A place for public recreation that generally contains hard surfaces, such as seating areas and ornate pavement.
Podium Apartments. A ground floor parking structure with one or more levels of residential units above.
Motor Vehicle Overhang
Roof Overhang
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Division 9.02—Glossary
Ontario Development Code Page 9.02-7 (Rev. 05.02.2023)
Porte Cochere. A roofed extension of a building over a driveway that shelters passengers getting into and out of vehicles.
Portico. A roofed porch that may be open or partly enclosed.
Prefab. A construction method in which shop- manufactured pieces undergo final assembly on-site.
Primary Building Entry. A publicly accessible and commonly used place of building ingress.
Public Way. A path or road that is accessible by, and generally maintained, by the public.
Q. Definition of Words Beginning with the Letter "Q."
Reserved
R. Definition of Words Beginning with the Letter "R."
Recessed Panel. An indentation within a building facade, such as occurs between pilasters or within other framed openings.
Reveals. Depressions or notches, primarily at an edge or corner, used to provide architectural detail by showing depth and enriching character.
Ridge. The line of intersection between opposing sides or slopes of a roof.
S. Definition of Words Beginning With the Letter "S."
Scale. The proportion of one thing relative to the size of another. Something that is "human" in scale has elements that are comparable to the size of a person. Scale of a building is the proportional system that relates the various-sized building elements to each other and to people.
Setback. The required distance that a building, structure, parking space, drive aisle, or other designated item must be located from a lot line or other designated location . Setback requirements provide a way of encouraging the spatial definition of open space ; the separation of uses, activities or facilities; or the provision of yards and landscaping.
Staggered Walls. Sections of walls placed in shifted planes.
Structural Podium. See "Podium Apartments."
T. Definition of Words Beginning with the Letter "T."
Tandem. An arrangement of things placed one behind the other . Tandem parking places one car behind another.
Terrace. An outdoor paved platform extending from a building that complements the use or activities located within the building.
Tops. The uppermost portions of a building and often include cornice treatments, roof overhangs, or parapets.
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Division 9.02—Glossary
(Rev. 05.02.2023) Page 9.02-8 Ontario Development Code
Transformers. Electrical switching equipment used for converting electricity from high - voltage to common current. They are often located in ground-mounted boxes.
Trellis. A light framework of horizontal and/or vertical members, often used to support climbing plants.
U. Definition of Words Beginning with the Letter "U."
Unit. One of many similar or identical components that comprise a greater whole. Unit is also a single dwelling, either on its own lot (in the case of single -family homes) or grouped as part of a multi-family complex.
V. Definition of Words Beginning with the Letter "V."
Value. A color's relative lightness or darkness.
Vehicular Access. An entrance or exit for cars or trucks.
Vestibule. An entrance hall or lobby of a building.
W. Definition of Words Beginning with the Letter "W."
Wainscot. An area of facing or paneling on the lower portion of the walls of a room .
Wall Footings. Structural foundation elements that carry the weight of a structure to the ground.
Window Stem Walls. Low walls that support a large window, generally on a storefront.
X. Definition of Words Beginning with the Letter "X."
Reserved
Y. Definition of Words Beginning with the Letter "Y."
Reserved
Z. Definition of Words Beginning with the Letter "Z."
Zero Lot Line. A development approach in which a building is sited on a lot in such a manner that one or more of the structure 's sides rest directly (to the extent possible) on a lot line .
The intent is to allow more flexibility in site design and to increase the amount of usable open space on a lot.
Zone Division Walls. Walls constructed for the purpose of buffering adjacent incompatible land uses.
Zoning Map. The official zoning map of the City, which delineates the location of the zoning districts of the City, governing the use, placement, spacing, and size of land and buildings. 646
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA2 5-001, A DEVELOPMENT
CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINI STRATION AND
PROCEDURES), 5.0 (ZONING AND LAND USE ), 6.0 (DEVELOPMENT AND SUBDIVISION REGU LATIONS), 8.0 (SIGN REGULATIONS), AND
9.0 DEFINITIONS AND GLOSSARY OF THE CITY OF ONTA RIO
DEVELOPMENT CODE , AND MAKING FINDINGS IN SUPPORT
THEREOF.
WHEREAS, THE CITY OF ONTARIO (“Applicant”) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA2 5-001, as described title of this Ordinance (hereinafter referred to as “Application” or “Project”); and
WHEREAS, the City of Ontario Development Code (Ontario Munici pal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario ’s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is gen erally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and
WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:
(1) Revise Division 2.02 – Application Filing and Processing, Section
2.02.005: Applicability, Table 2.02-1: Review Matrix to include the following:
(a) Amend C. Ministerial (Administrative) Permits and Decisions to add
6. Density Bonus.
(b) Revise Table Note [10] to include “Density Bonus, without related discretionary applications.”
(c) Amend Table Notes to add Note [13] to include “a request for a Density Bonus, in and of itself, without other discretionary approval.”
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(2) Revise Division 2.03 – Public Hearings, Section 2.03.010: Public Hearing Notification, C . Public Notification Required 1 0 Days in Advance of any Public Hearing to include:
(a) Revise C. to include a 20-day notice where a proposed ordinance or zoning ordinance amendment affects permitted uses of real property.
(b) Revise C.1.b. to add noticing boundary requirements for discretionary applications and legislative applications.
(c) Amend C.1.b. to add (2) and (4) for discretionary and legislative application area of notification requirements.
(d) Revise C.4.c.(2) Supplemental Public Noticing Requirements – Posting to delete text for Large Public Notification Signs at a 300-foot separation requirement and establish that signs shall be posted at a project site’s street-facing corners and at a logical midpoint of each street frontage.
(3) Revise Division 5.01 – Zoning Districts and Boundaries, Section
5.01.005: Establishment of Base Zoning Districts, B. Commercial Zoning Districts, 2. CN (Neighborhood Commercial -0.4 Maximum FAR) Zoning District to correct maximum intensity of 0.4 FAR.
(4) Revise Division 5.01 – Zoning Districts and Boundaries, Sect ion
5.01.005: Establishment of Base Zoning Districts, E. Specialized Use Zoning Districts, 2. MHP (Mobile Home Park) Zoning District so the maximum density of 11.0 dwelling units per acre is consistent with the MDR- 11 (Low-Medium Density Residential-5.1 to 11.0 DU/Acre) Zoning District.
(5) Revise Division 5.02 – General Land Use Provisions, Table 5.02 -1: Land Use Matrix:
(a) Employee (Farmworker) Housing – Amend table to establish a split between 6 or fewer and 7-36 Beds and add Permitted (P) land uses.
(b) Supportive Housing – Revise table to expand Permitted (P) & Conditionally Permitted (C) land uses.
(c) Other Animal Production – Revise “Apiculture (beekeeping and production)” so that Permitted uses are listed consistent with Section
5.3.410: Urban Agriculture, C. Animal Keeping and Production,
2. Commercial Animal Production, (5) Specialized Use Zones for apiculture being permitted by right within the AG, ONT, and UC zoning districts.
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(d) Alcoholic Beverage Sales for Consumption Off -Premises – Revise “Alcoholic Bevera ge Sales for Consumption Off -Premises (except beer, wine, and liquor stores) ” and prohibits Beer Wine and Liquor Stores in all areas of the MU -1 zoning district. Change from CUP requirement to AUP requirement within all 5 land use areas of the MU-1 zoning district.
(e) Nursing & Residential Care Facilities, Residential Intellectual and Development Disability Facilities, Residential Mental Health and Substance Abuse Facilities, Continuing Care Retirement
Communities, and Assisted Living Facilities – Revise to e xpand Conditionally Permitted (C) land uses.
(f) Community Food and Housing, Emergency and Other Relief Services – Amend to include Low Barrier Navigation Centers.
(g) Amusement, Gambling, and Recreation Industries; Other Amusement and Recreation Industries – Revise Hookah
Establishments and Facilities, * Additional Regulations to delete note that “In the MU-1 zoning district, hookah facilities are administratively permitted only in conjunction with a bona fide full-service restaurant.
Standalone establishments and facilities shall not be allowed.”
(h) Personal and Laundry Services, Other Personal Services , Pet Boarding and Sitting (animal daycare) Services, and Shelters – Revise to add Animal Shelters as a Permitted land use in the OS -R (Open Space-Recreation) zoning district and add a note specifying that the “Use shall only permit publicly operated Animal Shelters.”
(6) Revise Division 5.03 – Supplemental Lan ded Use Regulations, Section
5.03.080: Boarding, Lodging, and Rooming Houses to include:
(a) Revise section to delete restrictions for the number of federal, state, or youth authority parolees allowed in a facility.
(b) Revise section to delete requirement for boarders to sign a Crime Free Lease Addendum.
(7) Revise Division 5.03 – Supplemental Laned Use Regulations, Section
5.03.177: Employee (Farmworker) Housing to include:
(a) Revise introductory statement identifying compliance with CA Health & Safety Code.
(b) Revise A.3. and A.4. addressing Farmworker housing.
(c) Revise A.11. to delete a 10-acre minimum lot size.
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(d) Revise E.3. to delete a 200 FT setback requirement.
(8) Revise Division 5.03 – Supplemental Lan ded Use Regulations, Section
5.03.245: Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers, D. Operating Requirements.
(a) Revise D.1.a. to clarify references to allow a standalone hookah establishment with an outside patio and delete reference to “in conjunction with a sit down restaurant or in conjunction with an ABC licensed bona fide eating establishment.”
(b) Revise D.1.c. t o identify that a hookah establishment shall not be established in conjunction with a bar, nightclub, sit-down restaurant, or in conjunction with an ABC licensed bona fide eating establishment.
(c) Revise D.1.d to require hookah establishments to “maintain a valid tobacco retail license pursuant to Business and Professions Code Section 29971.7, et, seq.
(d) Revise D.1.f. to add “with an outside patio area that is open to the sky,” and reduce separation from sensitive uses from 1,000 to 500 feet.
(e) Amend D.1.g. to prohibit a hookah establishment from establishing an outside patio area when located in a mixed-use zone with a vertical separation between land uses.
(f) Amend D.1.h. to add that a n indoor hookah establishment meeting CAL-OSHA standards for air circulation a re not subject to the 500- foot separation from sensitive land uses.
(g) Revise D.1.i. to reduce the minimum separation between hookah establishments from 1,000 to 500 FT.
(h) Amend D.1.j. to establish a minimum 1,320 FT separation between hookah establishments and a smoking/vaping retailer.
(9) Revise Division 5.03 – Supplemental Laned Use Regulations, Section
5.03.295: Mobilehome Parks, B. Site Development Standards, 2. Density so that the maximum residential density of 11.0 dwelling units per acre for the MHP zoning district is consistent with the MDR -11 (Low -Medium Density Residential-5.1 to 11.0 DU/Acre) zoning district.
(10) Revise Division 5.03 – Supplemental Laned Use Regulations, Section
5.03.370: Single Room Occupancy (SRO) Facilities to include:
(a) Revise B. to delete the setback requirement from various uses. 650
(b) Revise D. to delete reference to CUP application submittal.
(11) Amend Division 5.03 – Supplemental Laned Use Regulations, Section
5.03.395: Temporary and Interim Land Uses, Building, and Structures to add K. Temporary Truck Parking Facilities to include standards for temporary truck parking facilities as an interim land use in the AG zoning district.
(12) Revise Division 5.03 – Supplemental Lan ded Use Regulations, Section
5.03.405: Temporary Shelters and Supportive Housing to include:
(a) Revise the general statement to include Low Barrier Navigation Centers.
(b) Revise General Requirements at A.10. to delete reference to Supportive Housing facilities within the ALUCP safety zones.
(c) Revise Emergency Shelters at B.4. to add that privately operated shelters are limited to a 20 client/tenant bed limit.
(d) Amend Emergency Shelters at B.5. to add that publicly operated shelters are limited to a 50 client/tenant bed limit and that any increase in client/tenant beds is subject to Planning Director approval.
(e) Revise Emergency Shelters at B.10. to add a parking space requirement.
(13) Amend Division 6.01 – District Standards and Guidelines, Section
6.01.010: Residential Zoning Districts, E. Open Space Requirements for Small Lot Tradi tional and Alley -Loaded Development Projects, Cluster Single-Family Development Projects, and Multiple -Family and Mixed -Use Development Projects, to add E.2.d. Common Active Open Space Area – Ontario Ranch.
(14) Amend Division 6.01 - District Standards and Guid elines, Section
6.01.010: Residential Zoning Districts, H. Density Bonus and Other Incentives, to add H.3.b. to include a procedure for a request for a Density Bonus, in and of itself.
(15) Revise Division 8.01 – Sign Regulations, Section 8.01.020: Sign Standards, Table 8.01-1: Sign Regulations Matrix, A. All Zoning Districts, 2. Permanent Signs, b. Directional Signs and C. Commercial Zoning Districts,
2. Permanent Signs, c. Directional Signs so that the Maximum Sign Area and Maximum Height are consistent with Section 8.01.010 Exempt Signs definition for Directional Signs at 4 SF in area and 4 FT in height.
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(16) Revise Division 9.01 – Definitions, Section 9.01.010: Terms and Phrases to include the following:
(a) Amend definitions to include Bridge Housing.
(b) Revise Community Care Facility definition.
(c) Revise Emergency Shelter definition.
(d) Amend definitions to include Low Barrier Navigation Center.
(e) Revise Religious Assembly (Place of Worship) definition.
(f) Revise Residential Care Facility definition.
(g) Amend definitions to include Respite/Recuperative Care; and
WHEREAS, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02 -1 (Review Matrix) assigns the City Counci l the responsibility and authority to review act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the m anner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on May 27, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC25 -026, recommending the City Council approve the Development Code Amendment; and
WHEREAS, on August 5, 2025, the City Council of the City of Ontario conducted a public hearing on the Development Code Amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:
SECTION 1: Environmental Determination and Findings. As the decision- making body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
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(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(2) The Development Code Amendment is exempt from the requirements o f the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the” common sense exemption” (also known as the “general rule exemption ”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
(3) The determination that the Development Code Amendment is not subject to CEQA reflects the independent judgment of the City Council.
SECTION 2: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Development Code Amendment , the City Council finds that based on the facts and information contained in the Application and supporting documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.
SECTION 3: Airport Land Use Compatibility Plan (“ALUCP”) Compliance.
The California State Ae ronautics Act (Public Utilities Code Section 21670 , et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts o f San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2 -2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2 -3), [3] Airspace protection Zones (ONT ALUCP Map 2 -4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds 653
and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Develo pment Code Amendment to establish the Chino Airport (“CNO”) Overlay Zoning District ( “OZD”) and Reference I, Chino Airport Land Use Compatibility Plan ( “CNO ALUCP”). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decision - making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.
SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above -referenced hearing, and upon the specific findings set forth in Section s 1 through 3 , above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan ( “TOP”). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking —and thoughtfully applying —new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City’s economy and focuses City r esources in commercial and residential neighborhoods.
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safegua rds intended to ensure that the purposes of the Development Code are 654
preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.