Agenda packet — Ontario City Council, August 5, 2025 (part 4 of 6)

SECTION 5: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described changes that comprise the Development Code Amendment, and which are attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East B Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 8. Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 9. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2025.

_____________________________________
PAUL S. LEON, MAYOR

655
ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

656

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held ___________, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

657

ATTACHMENT A:

File No. PDCA25-001
2025 Development Code Amendment No. 1

(Document to follow this page)
658

Chapter 2.0:

Administration and Procedures

Division 2.01—Planning Agency
Division 2.02—Application Filing and Processing
Division 2.03—Public Hearings
Division 2.04—Appeals
Division 2.05—City Initiated Modification or Revocation Division 2.06—Performance Guarantees

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Ontario Development Code Page 2.01-1 (Rev. 12.01.2020)
Division 2.01—Planning Agency

Sections:

2.01.000: Purpose

2.01.005: Applicability

2.01.010: City Council

2.01.015: Planning Commission

2.01.020: Historic Preservation Commission

2.01.025: Historic Preservation Subcommittee

2.01.030: Development Advisory Board

2.01.035: Zoning Administrator

2.01.000: Purpose

GC Section 65100 provides that each city and county establish a planning agency with the powers necessary to carry out the planning and zoning functions of the jurisdiction. The purpose of this Division is to identify and establish bodies, commissions, committees, positions, boards, and departments responsible for carrying out the powers and duties of the planning agency.

2.01.005: Applicability

The functions of the planning agency are hereby assigned to the following bodies, commissions, committees, positions, boards, and departments:

A. City Council;

B. Planning Commission;

C. Historic Preservation Commission;

D. Historic Preservation Subcommittee;

E. Development Advisory Board;

F. Zoning Administrator;

G. Planning Department.

2.01.010: City Council

A. Established. The City Council's establishment, membership, and operation are recognized by OMC Title 2 (Administration), Chapter 1 (City Council), commencing with Article 1, Section 2 -

1.101.

B. Powers and Duties. The City Council shall have the authority to hear and decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code and shall 661
Division 2.01—Planning Agency
(Rev. 12.01.2020) Page 2.01-2 Ontario Development Code
have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions.

2.01.015: Planning Commission

A. Established. The Planning Commission 's establishment, membership and operation are recognized by OMC Title 2 (Administration), Chapter 2 (Commissions and Boards), Article 3 (Planning Commission), commencing with OMC Section 2-2.301.

B. Powers and Duties. The Planning Commission shall have the authority to hear, recommend, and decide on those application types identified in Table 2.02 -1 (Review Matrix) of this Development Code. In addition, the Planning Commission shall have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning zoning, land use or development, made by an administrative or appointed official or body, such as the Planning Director, Zoning Administrator, or Development Advisory Board, pursuant to the provisions of this Development Code.

C. Meetings. The Planning Commission shall adopt rules as necessary to the conduct of its affairs and in keeping with the provisions of this Development Code. Meetings shall be held on a regular basis and open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, and shall keep records of its own examinations and other official actions, which shall be filed with the Planning Department.

2.01.020: Historic Preservation Commission

A. Established. Pursuant to the authority granted to municipalities by State Planning and Zoning Law, as established by GC Title 1, Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Commission.

B. Membership. The Historic Preservation Commission shall consist of the 7 standing members of the Planning Commission.

C. Powers and Duties. The Historic Preservation Commission shall have the following powers and duties:

1. Establish criteria for and conduct or cause to be conducted a comprehensive survey in conformance with state survey standards and guidelines of Historical Resources within the boundaries of the City, and publicize and periodically update the survey results ;

2. The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;

3. Authority to act upon an appeal of any order, requirement, permit, decisions, or determination concerning Historic Resources under this Development Code, made by the Historic Preservation Subcommittee;

662
Division 2.01—Planning Agency
Ontario Development Code Page 2.01-3 (Rev. 12.01.2020)

4. Maintain a local register of Designated Historic Landmarks and Districts consistent with the National Register of Historic Places criteria, including all information required for each designation; and

5. Undertake any other action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Historic Preservation program.

D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Commission 's jurisdiction and setting timeframes for such meetings.

2.01.025: Historic Preservation Subcommittee

A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Subcommittee.

B. Membership. The Historic Preservation Subcommittee shall consist of 3 members of the Historic Preservation Commission, to be appointed pursuant to the Historic Preservation Commission rules and procedures.

C. Powers and Duties. The Historic Preservation Subcommittee shall have the following powers and duties:

1. The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;

2. The authority to review historic preservation work program, assist staff in any survey or historic research being conducted, and review of the City's list of Historical Resources; and

3. The authority to act upon appeals of administrative permits, decisions and actions concerning Historical Resources under this Development Code, made by any City Department.

D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Subcommittee's jurisdiction and setting timeframes for such meetings.

2.01.030: Development Advisory Board

B. Membership. The Development Advisory Board shall include those representatives of certain City departments and/or agencies as established by resolution of the City Council.

C. Powers and Duties. The Development Advisory Board shall have the authority to hear, recommend and decide on those application types identified in Table 2.02 -1 (Review Matrix) of this Development Code.

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Division 2.01—Planning Agency
(Rev. 12.01.2020) Page 2.01-4 Ontario Development Code
D. Meetings. The Development Advisory Board shall adopt rules and regulations to govern the procedures at meetings within the Board's jurisdiction and to set a time for such meetings.

2.01.035: Zoning Administrator

B. Membership. The Zoning Administrator position shall be filled by the Planning Director or the Zoning Administrator's designee, who shall fill the position of Deputy Zoning Administrator.

C. Powers and Duties. The Zoning Administrator shall have the power and duty to review and make decisions on those application types identified in Table 2.02 -1 (Review Matrix) of this Development Code.

D. Meetings. The Zoning Administrator shall adopt rules and procedures governing meeting business, conduct, and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.

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Ontario Development Code Page 2.02-1 (Rev. 12.03.202408.19.2025) Division 2.02—Application Filing and Processing

Sections:

2.02.000: Purpose

2.02.005: Applicability

2.02.010: Applications and Fees

2.02.015: Application Processing Procedures

2.02.020: Environmental Review

2.02.025: Time Limits and Extensions

2.02.030: Failure by Applicant to Complete Application Processing

2.02.035: Limitations on Application Refiling

2.02.040: Indemnification

2.02.000: Purpose

The purpose of this Division is to establish procedures and requirements for the preparation, filing and processing of applications for permits, amendments, and approvals stipulated by this Development Code.

2.02.005: Applicability

Table 2.02- 1 (Review Matrix), below, establishes the recommending, approving, and appeal authorities for all permits, amendments, and approvals stipulated by this Development Code. The symbols used within the Table have the following meanings:

R = Advisory (Recommending) Authority
X = Approving Authority
A = Appeal Authority

Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
A. LEGISLATIVE ACTIONS

1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
R X

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
R X
665
Division 2.02— Application Filing and Processing
(Rev. 12.03.202408.19.2025) Page 2.02-2 Ontario Development Code Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

3. Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
R X

4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:

ODC Section 4.01.025)
R X

5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
R X

6. Specific Plans and Amendments [1][12]
(Ref: ODC Section 4.01.035)
R X

7. Williamson Act Contract Cancellations [1]
(Ref: GC Section 51200, et seq.)
R X

8. Zone Changes [1] (Ref: ODC Section

4.01.040)
R X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Billboard Relocation Agreements [1] (Ref:

ODC Section 4.02.010)
R X

2. Conditional Use Permits (Ref: ODC
Section 4.02.015)

a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]

R X A
c. Use established within an existing
structure [1]

X A A
d. Modification or revocation per ODC
Division 2.05 (City Initiated Modification or
Revocation) [1]
X A
e. Revocation due to abandonment of
use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]

X A A

3. Density Bonus and Other Incentives [1]
(Ref: ODC Section 6.01.010.H)
R X

4. Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)

a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel

R X A
666
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-3 (Rev. 12.03.202408.19.2025) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area

X A A
c. Industrial developments equal to or
less than 0.45 FAR

X A A
d. Industrial developments exceeding

0.45 FAR

R X A
e. Wireless telecommunications
facilities pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this
Development Code

(1) Tier 2 facilities X A A
(2) Tier 3 facilities [2] X A A
f. All others X A A

5. Extensions of Legal Nonconforming Status
[1] (Ref: ODC Section 4.02.030)

X A A

6. Historic Preservation
a. Certificates of Appropriateness (Ref:

ODC Section 4.02.050)

(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement
Structure [1]
R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X A A
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Division 2.02— Application Filing and Processing
(Rev. 12.03.202408.19.2025) Page 2.02-4 Ontario Development Code Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:

ODC Section 4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC
Section 4.02.065)
R R X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section

4.02.045)

(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.

X A A
(2) Loss of all historic and/or cultural
significance due to a catastrophe causing a loss
of integrity, or due to extensive legally performed
alterations performed after the property was
initially surveyed.

X A A

7. Master Plans and Amendments [1] (Ref:

ODC Section 4.02.070)
R X

8. Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)

X A A

9. Nonconforming Structure Reconstruction
[1] (Ref: ODC Section 3.01.020)
X A

10. Parking Reduction (Ref: ODC Section

6.03.025)
X A

11. Sign Programs (Ref: ODC Section

4.02.075)

X A A

12. Specific Plan Minor
Adjustments/Alterations [12] (Ref: ODC Section

4.02.080)

X A A

13. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]

14. Subdivisions
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Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-5 (Rev. 12.03.202408.19.2025) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
a. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)

R X A
b. Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)

R X A
c. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)

R X A

15. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)

X A A

16. Variances (Ref: ODC Section 4.02.020.D)
a. Homeowner [1] X A A
b. Other [1] R X A
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND DECISIONS

1. Historic Preservation – Adaptive Reuse
Plans (Ref: ODC Section 4.03.010)
X X X

2. Administrative Exceptions (Ref: ODC
Section 4.03.050)

X A A

3. Administrative Use Permits (Ref: ODC
Section 4.03.015)
X

4. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 Zoning
Compliance)

X A A

5. Development Plans within the ONT zoning
district (Ref: ODC Section 4.02.025)

X A A

6. Density Bonus [10][13] (Ref: ODC Section

6.01.010.H.3.b)

X A A

6.7. Fair Housing and Reasonable
Accommodation (Ref: ODC Section 4.02.035)

X A A

7.8. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)

X A A

8.9. Landscape and Irrigation Plans (Ref:

ODC Section 6.05.005)

X A A

9.10. Off-Site (Public) Improvement Plans (Ref:

ODC Section 6.08.040)

X A A

10.11. ONT ALUCP Interagency Review [7]
(Ref: ONT ALUCP)
X A[8]

11.12. Other Plan Checks and actions
required by this Development Code

X A A
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Division 2.02— Application Filing and Processing
(Rev. 12.03.202408.19.2025) Page 2.02-6 Ontario Development Code Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

12.13. Shopping Cart Retention Plans (Ref:

ODC Section 6.11.020)

X A A

13.14. Sign Plans (Ref: ODC Section

4.03.020)

X A A

14.15. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)

X A A

15.16. Subdivisions
a. Certificates of Compliance (Ref:

ODC Section 4.03.025)

X A A
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)

X A A
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)

X A A
e. Street Address Numbering (Ref: ODC
Section 6.06.010)

X A A
f. Street Name Assignment (Ref: ODC
Section 6.06.010)

X A A
g. Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)

X A A
h. Urban Lot Split (Ref: ODC Section

6.08.060)

X A A
i. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)

X A A

16.17. Tier 1 wireless
telecommunications facility pursuant to ODC
Section 5.03.420 (Wireless Telecommunications
Facilities)

X A A

17.18. Wall, Fence, and Obstructions
Plans not associated with a Development Plan
(Ref: ODC Section 6.02.005)

X A A
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

1. Environmental Impact Reports (EIRs) (Ref:

CCR Section 15080, et seq.)
X[3] X[3]

2. Exempt Projects (Ref: CCR Section 15300,
et seq.)
X[3] X[3] X[3] X[3] X[3] A A
670
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-7 (Rev. 12.03.202408.19.2025) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

3. Ministerial Projects (Ref: CCR Section
15268)
Ministerial projects are exempt from the requirements of CEQA [10]

4. Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:

CCR Section 15070, et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]

5. Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X[3] X[3] X[3] X[3] X[3] X[3]

6. Environmental review for projects
located within the ONT zoning district [9]
X

Notes:

[1] A public hearing is required pursuant to the procedures set forth in Division 2.03 (Public Hearings) of this Development Code; however, public n otification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [2] The Approving Authority may refer any application subject to their review to the next higher authority (Appeal Authority).
[3] The Approving Authority for environmental determinations/actions shall be the same as the related legislative or discretionary actions. NDs and MNDs, and Addendums to previously certified EIRs, and previously adopted NDs or MNDs, which are not associated with, or are independent of, legislative or discretionary actions, shall be subject to Development Advisory Board review and adoption. EIRs that are not associated with, or are independent of, legislative or discretionary actions shall be subject to Planning Commission review and certification. [4] An application submitted for concurrent review and action with another application, action or decision requiring review and action by a higher Reviewing Authority may be subject to concurrent review and action by that higher Reviewing Authority upon their request.
[5] The Approving Authority responsible for issuing a "Stay of Permit Approval Time Limit" pursuant to Section 2.02.025 (Projects Involving Pending Litigation) of the Development Code, shall be the same as for the related application, action, or decision.
[6] An appeal of an Historic Preservation —Certificate of Appropriateness —Waiver shall be considered by the Historic Preservation Subcommittee, except that an Historic Preservation—Waiver for an Historic Landmark shall be considered by the Historic Preservation Commission.
[7] Refer to the ONT ALUCP for procedures for application processing and administration, and appeals processing. [8] Appeal shall be subject to review by the Mediation Board established pursuant to ALUCP Section 4. [9] Pursuant to the Joint Powers Authority agreement between the City of Ontario and the County of San Bernardino, the Ontario International Airport Authority shall be the lead agency. [10] Ministerial projects are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the CEQA Guidelines. The following projects or actions shall be deemed ministerial:
 Administrative Exceptions;
 Administrative Use Permit issuance;
 ALUCP inter agency reviews;
 Building permit issuance;
 Business license issuance;
 Density Bonus, without related discretionary applications; 671
Division 2.02— Application Filing and Processing
(Rev. 12.03.202408.19.2025) Page 2.02-8 Ontario Development Code  Encroachment permit issuance;
 Final subdivision map approval;
 Individual utility service connection and disconnection approval;  Landscape and irrigation plan approval;
 Lot Line Adjustment approval;
 Public improvement plan approval;
 Shopping cart retention plan approval;
 Sign Plan approval;
 Single-Family Two-Unit Developments;
 Street address number issuance;
 Subdivision Improvement Agreement approval;
 Subdivision map corrections and amendments approval;
 Temporary Use Permit issuance;
 Tier 1 wireless telecommunications facility approval;  Urban Lot Splits; and
 Wall and/or fence plan approval.
[11] Applications that do not require a public Hearing pursuant to Note 1, above, may be reviewed and acted upon under the "Consent Calendar" portion of the Approving Authority meeting agenda. [12] Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) , and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions).
[13] A request for a density bonus, in and of itself, shall not require a G eneral Plan Amendment, Zone Change, Development Agreement, or other discretionary approval (Ref: ODC 6.01.010.H.3.b.).

2.02.010: Applications and Fees

A. Application filing.

1. An application for a permit, permit modification, amendment, or any other matters pertaining to this Development Code shall be filed with the City, on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the application.

2. An application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code, or their ag ent(s).

3. A project requiring the filing of more than one land use or entitlement permit application shall, to the extent possible, be filed with all related applications for concurrent review and action by the highest required Reviewing Authority, except that an Administrative Exception application filed in conjunction with a Development Plan shall require separate review and action by the appropriate Reviewing Authority.

B. Filing Fees.

1. The City Council may establish by resolution, a schedule of fees for permits, amendments, inspections, licenses, services, and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the City Council.

2. Application review and action shall not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits shall be deemed incomplete for filing and further processing and shall be deemed just cause for denial of the application. In the case of time and materials 672
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-9 (Rev. 12.03.202408.19.2025) projects, the payment of additional deposits may be required to fully cover all City processing costs.

C. Refunds and Withdrawals.

1. The refund of filing fees in response to the denial of an application shall be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications.

2. An applicant wishing to withdraw their application may do so by written request to the Planning Director at any time prior to action by the Approving Authority.

3. Upon receipt of a request for application withdrawal, the Planning Director may order the refund of all or part of the filing fees, based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.

2.02.015: Application Processing Procedures

This section is intended to provide general procedures for the processing of applications for legislative actions, discretionary permits and actions, and ministerial permits and decisions filed pursuant Table 2.02-1 (Review Matrix) of this Division.

A. Legislative Actions. The Advisory and Approving Authorities for legislative actions are established by Table 2.02 -1 (Review Matrix) of this Division. Unless otherwise stipulated by Division

4.01 (Legislative Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a legislative action is as follows:

1. Initial Review for Application Completeness . Legislative actions shall be initially reviewed for application completeness and acceptance, as follows:

a. Review for Application Completeness.

(1) Following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant.

(2) If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the City in response to the list and description, which shall be reviewed pursuant to Subparagraph A.1.a(1), above.

(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs A.1.a(1) and (2), above, shall constitute grounds for denial of the application.
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b. Application Acceptance.

(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the Planning Department may require in order to take final action on the application.

(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph A.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application.

(3) The provisions of this Section shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).

2. Investigation and Report.

a. Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shall prepare a written report, which shall be transmitted to the appropriate Reviewing Authority.

b. The Planning Department 's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority.

c. During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.

3. Public Hearings.

a. The Advisory and Approving Authorities established by Table 2.02-1 (Review Matrix), shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.

b. The Planning Department 's written report, prepared pursuant to Subparagraphs A.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.

4. Advisory Authority Review and Recommendation . The procedure for review and recommendation on a legislative action by an Advisory Authority is as follows:

a. The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.

674
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Ontario Development Code Page 2.02-11 (Rev. 12.03.202408.19.2025) b. The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered.

5. Approving Authority Review and Action . The procedure for review and action on a legislative action by the Approving Authority is as follows:

a. Upon receipt of the Advisory Authority 's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application.

b. The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.01 (Legislative Actions) of this Development Code. There shall be no time limit w ithin which the Approving Authority must act on a legislative action.

c. The Approving Authority's action shall be final and conclusive.

6. Effective Date of Approving Authority Action . A legislative approval granted by resolution is effective immediately upon adoption of the numbered resolution by the City Council.

A legislative approval granted by ordinance is effective 30 days following the date of adoption of the ordinance by the Approving Authority.

B. Discretionary Permits and Actions. The Advisory, Approving, and Appeal Authorities for discretionary permits and actions are established by Table 2.02 -1 (Review Matrix) of this Division.

Unless otherwise stipulated by Division 4.02 (Discretionary Permits and Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a discretionary permit or action is as follows:

1. Initial Review for Application Completeness . Applications requesting discretionary permits and/or actions shall be initially reviewed for application completeness and acceptance, as follows:

a. Review for Application Completeness.

(1) Within 30 days following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.

(2) If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the Planning Department in response to the list and description, which shall be reviewed pursuant to Subparagraph B.1.a(1), above.

(3) If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
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(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs B.1.a(1) and (2), above, shall constitute grounds for denial of the application.

b. Application Acceptance.

(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the City may require in orde r to facilitate final action on the application.

(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph B.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application.

(3) The provisions of this Subsection shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).

2. Investigation and Report.

c. During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.

3. Public Hearings.

a. The Advisory, Approving and Appeal Authorities established by Table 2.02 - 1 (Review Matrix), and which require a public hearing pursuant to the Review Matrix, shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.

b. The Planning Department 's written report, prepared pursuant to Subparagraphs B.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.

4. Advisory Authority Review and Recommendation . If required pursuant to Table

2.02-1 (Review Matrix), the procedure for review and recommendation on a discretionary permit or action by an Advisory Authority is as follows:
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Ontario Development Code Page 2.02-13 (Rev. 12.03.202408.19.2025)

b. The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered.

c. In instances where review and recommendation by more than one Advisory Authority is required, the initial Advisory Authority shall forward its recommendation whether to approve, approve in modified form, or deny an application to the subsequent Advisory Authority within 30 days following the date its decision was rendered. The 30 -day time limit may be extended by mutual agreement of the applicant and City.

5. Approving Authority Review and Action. The procedure for review and action on a discretionary permit or action by an Approving Authority is as follows:

a. Upon receipt of the Advisory Authority 's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application, and may impose reasonable conditions to the approval of an application.

b. The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.02 (Discretionary Permits and Actions) of this Development Code. A discretionary permit or action shall be acted upon within the timeframes specified by GC Section 65950, 65950.1, 65951, and 65952, except that Tentative Subdivision Maps shall be acted upon within the timeframes specified by GC Section 66452.1.

c. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.

6. Effective Date of Approving Authority Action. A discretionary permit or action shall become effective on the City business day following Approving Authority action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action; in which case, the effective date of the discretionary permit or action shall be governed by Paragraph A.6 (Effective Date of Approving Authority Action) of this Section. The Approving Authority's action to approve, approve in modified form, or deny a discretionary permit or action shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.

C. Ministerial Permits and Decisions. The Advisory, Approving and Appeal Authorities for ministerial permits and decisions are established by Table 2.02 -1 (Review Matrix) of this Division.

Unless otherwise stipulated by Division 4.03 (Ministerial Permits and Decisions) of this Development Code, the procedure for reviewing and acting upon an application requiring a ministerial permit or decision is as follows:

1. Initial Review for Application Completeness. Applications requesting ministerial permits and/or decisions shall be initially reviewed for completeness and acceptance, as follows:

a. Review for Application Completeness.

677
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(Rev. 12.03.202408.19.2025) Page 2.02-14 Ontario Development Code (1) Within 30 days following receipt of an application filed in compliance with this Division, the City shall review the application and determine, in writing, whether the application is complete for further processing, and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall automatically be deemed complete for further processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.

(2) If an application is determined to be incomplete for processing, the City shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the responsible City department in response to the list and description, which shall be reviewed pursuant to Subparagraph C.1.a(1), above.

(3) If an application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.

(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs C.1.a(1) and (2), above, shall constitute grounds for denial of the application.

b. Application Acceptance.

This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the responsible City department may require in order to facilitate final action on the application.

(2) Prior to accepting an application as complete for processing, the responsible City department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph C.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application.

(3) The provisions of this Subsection shall not be construed as limiting the ability of the responsible City department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).

2. Investigation. Following acceptance of an application as complete for processing, the responsible City department shall investigate the facts bearing on the application and provide the information necessary for action or determination, consistent with this Development Code and The Ontario Plan, which shall be reported to the Approving Authority.

3. Review and Action.

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Ontario Development Code Page 2.02-15 (Rev. 12.03.202408.19.2025) a. The Approving Authority shall review the application and shall then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.

b. The Approving Authority shall act on a ministerial approval request within 60 days following acceptance of an application as complete for processing pursuant to Paragraph C.1 (Initial Review for Application Completeness), above. The 60-day time limit may be extended by mutual agreement of the applicant and City.

4. Effective Date of Approving Authority Action . A ministerial permit or action shall become effective immediately upon Approving Authority action. An Approving Authority action to approve or deny a ministerial permit or decision shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.

2.02.020: Environmental Review

A. Purpose. The purpose of this Section is to assist the City in accomplishing the basic objectives of CEQA, as follows:

1. Enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian;

2. Provide information to governmental decision -makers and the public regarding the potential significant environmental effects of the proposed project;

3. Provide an analysis of the environmental effects of future actions associated with a project in order to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project;

4. Identify ways that environmental damage can be avoided or significantly reduced;

5. Prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and

6. Provide full public disclosure of the City 's basis for project approval in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency 's activities. The involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.

B. Applicability. The provisions of this division shall apply to any activity of the City that is determined to be a "project" pursuant CEQA (PRC Section 21000 through Section 21178) and the CEQA Guidelines (CCR Section 15000 through Section 15387).

C. CEQA Implementation. Local guidelines for the implementation of CEQA shall be adopted by Resolution of the City Council. The guidelines may be changed or modified only by resolution of the City Council.

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(Rev. 12.03.202408.19.2025) Page 2.02-16 Ontario Development Code D. Environmental Review. The City of Ontario shall conduct an environmental review of any activity within the City that constitutes a " project" pursuant CEQA, the CEQA Guidelines and the City's local guidelines for the implementation of CEQA. Depending upon the nature and scope of a "project," it may be found to be exempt from further environmental review, or a negative declaration, mitigated negative declaration or environmental impact report may be required to be completed. Negative declarations , mitigated negative declarations , and environmental impact reports shall be prepared pursuant to the requirements of CEQA and the implementing guidelines, and the City's local guidelines for the implementation of CEQA.

2.02.025: Time Limits and Extensions

A. Time Limits. Discretionary permits/actions granted pursuant to this Division shall become invalid if not exercised within the below-listed timeframes:

1. Generally. Unless otherwise stipulated by the conditions of approval, a discretionary permit/action shall become invalid if not exercised within 12 months following the effective date of application approval, except as specified in Paragraphs A.2 through A.6, below, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.

2. Development Plan . Unless otherwise stipulated by the conditions of approval, a Development Plan shall become invalid if not exercised within 24 months following the effective date of application approval, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.

3. Tentative Subdivision Map. A Tentative Tract or Parcel Map shall become invalid if not exercised within the time limits specified by GC Section 66452.6.

4. Vesting Tentative Maps.

a. A vesting tentative map shall become invalid if not exercised within the time limits specified by Paragraph A.3 (Tentative Subdivision Map), above.

b. If a final tract map is approved prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final tract map area shall last for the periods listed below:

(1) An initial period of 12 months following recordation of the final tract map. Where several final tract maps are recorded on phases of a project covered by a single vesting tentative map, the 12 -month period for each final tract map shall begin on the date of recordation of that final tract map;

(2) The initial period set forth in Subparagraph A.4.b.(1), above, shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days ; provided, that the extension shall only be for the number of days in excess of 30 days; and

(3) If during the 24-month period following approval of a final tract map or parcel map, the City receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the tentative map shall continue until the expiration of the building permit.
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5. Expiration of Vesting Development Rights . Vesting development rights shall expire if a final map is not filed for approval prior to the expiration of the vesting tentative map, as provided in Paragraph A.6 (Vesting Tentative Maps) of this Section. If the final map is approved, these rights shall last for the following time periods, extending beyond the recording of the final map:

a. An initial period of 12 months, except that where several final maps are recorded for various project phases of a single vesting tentative tract map, this initial time period shall begin with each phase, when the final map for that phase is recorded;

b. The initial time period set forth in Subparagraph A.6.b(1) of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds 30 days from the date a complete application is filed;

c. A subdivider may apply for a 12 -month extension at any time before the initial expiration date for map approval; and

d. If the subdivider submits a complete application for a building permit during the time periods specified in Subparagraphs A.5.a through A.5.c, above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

6. Certificate of Appropriateness. A Certificate of Appropriateness granted pursuant to this Division shall become invalid if not exercised within the time limit specified by the conditions of approval, or within 24 months if no time limit has been specified.

7. Phased Projects.

a. Wherein a project involves the construction of multiple phases over an extended period, and the conditions of approval do not specify a time limit differing from Paragraphs A.2 through A.5, above, the portion of entitlement applicable to a particular phase shall be deemed exercised through the issuance of a building permit for that phase. The remainder of the entitlement related to further construction shall expire 12 months following building permit expiration, final building inspection, or Certificate of Occupancy issuance for the previous construction phase, unless extended pursuant to Subsection B, below.

b. A building permit may be issued for a subsequent phase if no more than 12 months have lapsed since a Certificate of Occupancy was issued for the previous phase and the applicant is diligently pursuing the project toward completion. However, if more than 12 months have lapsed since Certificate of Occupancy issuance or final inspection has occurred for the previous phase, and the entitlement was not extended pursuant to Subsection B, below, the entitlement granting the construction of any subsequent phases sh all be deemed invalid and no further building permits shall not be issued, unless a time extension is granted pursuant to Section

2.02.025 (Time Limits and Extensions) of this Division.

8. Projects Involving Pending Litigation . The time limits specified in Paragraphs A.1 through A.5, above, including any time extension granted pursuant to Subsection B, below, shall not include the period of time during which a lawsuit involving the approval or conditional approval of a discretionary permit is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Approving Authority pursuant to this Division. After service of the initial petition or complaint in the lawsuit upon the City, the applicant, or property owner if 681
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(Rev. 12.03.202408.19.2025) Page 2.02-18 Ontario Development Code different from the applicant, may apply to the local agency for a Stay of Permit Approval Time Limit. Within 40 days after receiving the application, the Review Authority may stay the time limit for up to 5 years.

9. Definition. For the purposes of this Section, the term " exercised" shall mean the following:

a. The applicant, or property owner if different from the applicant, has completed or fulfilled all conditions of approval imposed upon the permit or action by the Approving Authority; and

b. In the case of permits or actions pertaining to a development project approval, a Building Permit shall have been issued and construction shall have been diligently pursued toward project completion. In the case of permits or actions pertaining to a land u se approval, the approved use shall have commenced. In the case of a Merger of Contiguous Parcels, Reversion to Acreage, or Tentative Subdivision Map, the Merger, Reversion, or Final Subdivision Map shall have been recorded at the office of the San Bernard ino County Recorder.

B. Time Extensions. The time limits within which a discretionary permit or action must be exercised, may be extended as follows:

1. Project Applicant or Property Owner Requested Time Extension.

a. The project applicant, or property owner if different from the applicant, may file a Time Extension request, together with any required filing fees, with the City (Planning Department or Engineering Department, as applicable) prior to the expiration date of an approved discretionary permit or action.

b. Upon the submittal of a Time Extension request, the affected discretionary permit or action shall be granted an automatic 90 -day time extension to allow sufficient time for application processing.

2. An extension of the expiration date for an approved discretionary permit or action shall be acted upon as follows:

a. The Approving Authority may grant a Time Extension upon determination of the following:

(1) Each of the findings and conditions of the original approval are still applicable to the project and there are no changed circumstances;

(2) The Time Extension will not adversely affect the public health, safety, or welfare; and

(3) There has been diligent pursuit to exercise the permit or action for which an extension is being requested.

b. The burden of proof shall lie with the permittee to establish with substantial evidence that the approval for which the Time Extension is requested should not be allowed to expire. If the Approving Authority determines that the permittee has good -faith intent to commence with the proposed project, the Approving Authority may grant a Time Extension .

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Ontario Development Code Page 2.02-19 (Rev. 12.03.202408.19.2025) c. A discretionary permit or action may be granted Time Extensions in one - year increments, not to exceed a total of three, one- year time extensions, excepting tentative subdivision maps, which shall be subject to the provisions of GC Section 66452.6.

3. Blanket Time Extensions Granted by the City Council.

a. In addition to the Time Extensions allowed pursuant to Paragraph B.1 of this Section, the City Council may, by resolution, grant time extensions for discretionary permits and actions, as identified in Table 2.02 -1 (Review Matrix) of this Division, to benefit homeowners, developers, landowners, and business owners within the City that may be negatively affected by economic slowdown/downturn or recession.

b. A blanket time extension shall be applicable only to those permits and actions that have not expired prior to the date that the Time Extension is granted.

2.02.030: Failure by Applicant to Complete Application Processing

A. Within 180 days following a written request by the City for plan changes, corrections, revisions, or the submittal of additional information, an application shall be deemed withdrawn if the Planning Director determines that the applicant has not made reasonable progress toward providing necessary plan changes or corrections, or additional information. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials required for any project on the same site.

B. Upon written request of the applicant, the Planning Director may order the refund of all or a portion of filing fees pursuant to Section 2.02.010.C (Refunds and Withdrawals) of this Division.

2.02.035: Limitations on Application Refiling

A final action denying an application shall prohibit the further filing of the same or a substantially similar application for a period of not less than 12 months following the date of application denial, except that an application denied without prejudice may be resubmitted within the 12 -month period following application denial.

2.02.040: Indemnification

It shall be a condition of any application approved pursuant to this Division, or any approval or certification required pursuant to CEQA or the CEQA Guidelines, that a property owner or applicant, if different from the property owner, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees:

A. From any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees, to attack, set aside, void, or annul the City' s decision to approve any development, land use permit, and/or approvals and certifications under CEQA, but excluding any subdivision approval governed by GC Section 66474.9. This indemnification shall include, but not be limited to, damages, fees, and/or costs awarded against the City, if any, and the cost of any suit, attorney's fees, and/or other costs, liabilities, and expenses incurred in connection with a 683
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(Rev. 12.03.202408.19.2025) Page 2.02-20 Ontario Development Code lawsuit, whether incurred by the applicant, the City, and/or the parties initiating or bringing a lawsuit;

B. For all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as, but not limited to, a negative declaration, mitigated negative declaration, environmental impact report, general plan amendment, specific plan, or specific plan amendment), if made necessary by a lawsuit and if the applicant desires to pursue securing approvals that are condition of application approval, after initiation of a lawsuit; and

C. For all costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in Subsections A and B of this Section.

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Ontario Development Code Page 2.03-1 (Rev. 01.16.202408.19.2025) Division 2.03—Public Hearings

Sections:

2.03.000: Purpose

2.03.005: Applicability

2.03.010: Public Hearing Notices

2.03.015: Public Hearing Procedures

2.03.020: Request for Notification

2.03.025: Failure to Receive a Public Notice

2.03.030: Cemeteries

2.03.000: Purpose

The purpose of this Division is to implement GC Division 1, Chapter 2.7 (commencing with GC Section 65090), which governs public hearing and notification procedures for consideration of legislative actions, discretionary land use and development entitlemen ts, and discretionary administrative actions. Public hearings are not required for nondiscretionary administrative permits, decisions, and actions; however, public notice may be required pursuant to this Division.

2.03.005: Applicability

A. A public hearing for a legislative action, land use or development entitlement, or any other matters pertaining to this Development Code requiring a public hearing pursuant to GC Division 1, Chapter 2.7 (commencing with GC Section 65090), shall be scheduled and heard in accordance with the provisions of this Division.

B. Public hearing notification for legislative actions, land use or development entitlements, or administrative permits, decisions, or actions shall be provided in the manner prescribed by Table

2.03-1 (Notification Matrix), below.

Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
A. LEGISLATIVE ACTIONS

1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
X X X

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X
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(Rev. 01.16.202408.19.2025) Page 2.03-2 Ontario Development Code Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

3. Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
X

4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:

ODC Section 4.01.025)
X X X

5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
X X X

6. Specific Plans and Amendments [1] (Ref:

ODC Section 4.01.035)
X X X

7. Williamson Act Contract Cancellations
[1] (Ref: GC Section 51200, et seq.)
X X X

8. Zone Changes [1] (Ref: ODC Section

4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Billboard Relocation Agreements [1]
(Ref: ODC Section 4.02.010)
X

2. Conditional Use Permits (Ref: ODC
Section 4.02.015)

a. Hotels, Motels and Residence Inns
[1]
X X
b. Use established in conjunction with
a Development Plan [1]
X X
c. Use established within an existing
structure [1]
X X
d. Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
e. Revocation due to abandonment
of use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]
X X

3. Density Bonus and Other Incentives (Ref:

ODC Section 6.01.010.H) [1]
X X

4. Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)

a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
X
686
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-3 (Rev. 01.16.202408.19.2025) Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X
c. Industrial developments equal to or
less than 0.45 FAR
X
d. Industrial developments exceeding

0.45 FAR
X
e. Wireless telecommunications
facilities pursuant to Section 5.03.420 (Wireless
Telecommunications Facilities) of this
Development Code

(1) Tier 2 facilities X
(2) Tier 3 facilities X
f. All others X

5. Extensions of Legal Nonconforming
Status [1] (Ref: ODC Section 4.02.030)
X X

6. Historic Preservation
a. Certificates of Appropriateness
(Ref: ODC Section 4.02.050)

(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement
Structure [1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor
Improvements
X
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X
687
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(Rev. 01.16.202408.19.2025) Page 2.03-4 Ontario Development Code Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:

ODC Section 4.02.045)
X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
X
h. Mills Act Cancellations [1] X X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section

4.02.045)

(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.

X
(2) Loss of all historic and/or
cultural significance due to a catastrophe
causing a loss of integrity, or due to extensive
legally performed alterations performed after the
property was initially surveyed.

7. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X

8. Master Plans and Amendments [1] (Ref:

ODC Section 4.02.070)
X X X

9. Minor Adjustments/Alterations [4] (Ref:

ODC Section 4.02.020.C)
X[5] X

10. Nonconforming Structure
Reconstruction [1] (Ref: ODC Section 3.01.020)
X X

11. Parking Reduction (Ref: ODC Section

6.03.025)
X

12. Sign Programs (Ref: ODC Section

4.02.075)
X

13. Specific Plan Minor Amendments (Ref:

ODC Section 4.02.080)
X

14. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X
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Ontario Development Code Page 2.03-5 (Rev. 01.16.202408.19.2025) Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

15. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X X
b. Reversions to Acreage [1] (Ref:

ODC Section 4.02.090)
X X
c. Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
X X
d. Tentative Tract and Parcel Map
Time Extensions (Ref: ODC Section 2.02.025.A.3 &
4)
X

16. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X

17. Variances (Ref: ODC Section 4.02.020.E)
a. Homeowner [1] X X
b. Other [1] X X
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND DECISIONS

1. Administrative Exceptions (Ref: ODC
Section 4.03.050.C)
X

2. Administrative Use Permit (Ref: ODC
Section 4.02.015)
X

3. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 Zoning
Compliance)
X

4. Development Plans within the ONT
zoning district (Ref: ODC Section 4.02.025)
X

5. Fair Housing and Reasonable
Accommodation (Ref: ODC Section 4.02.035)
X

6. Landscape and Irrigation
Documentation Plans (Ref: ODC Section 6.05.015)
X

7. Off-Site (Public) Improvement Plans (Ref:

ODC Section 6.08.040)
X

8. ONT ALUCP Interagency Reviews [3]
(Ref: ONT ALUCP)
X

9. Other Plan Checks and actions required
by this Development Code
X
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Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

10. Shopping Cart Retention Plans (Ref:

ODC Section 6.11.020)
X

11. Sign Plans (Ref: ODC Section 4.03.020) X

12. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X

13. Subdivisions
a. Certificates of Compliance (Ref:

ODC Section 4.03.025)
X
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X
e. Street Address Numbering (Ref:

ODC Section6.06.010)
X
f. Street Name Assignment (Ref: ODC
Section 6.06.010)
X
g. Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X
h. Urban Lot Splits (Ref: ODC Section

8.08.060)
X

14. Tier 1 wireless telecommunications
facility pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X

15. Walls, Fences, and Other Obstructions
Plans not associated with a Development Plan
(Ref: ODC Section 6.02.005)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

1. Environmental Impact Reports (EIRs)
(Ref: CCR Section 15080, et seq.)
X X X

2. Exempt Projects (Ref: CCR Section
15300, et seq.)
X

3. Ministerial Projects (Ref: CCR Section
15268)
X
690
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-7 (Rev. 01.16.202408.19.2025) Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000

4. Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:

CCR Section 15070, et seq.)
X

5. Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X

Notes:

[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public n otification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [3] Refer to the Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) for procedures for application processing and administration, and appeals processing.
[4] A Minor Adjustment/Alteration shall require notification pursuant to Paragraph 4.02.020. C.3 (Application Filing, Processing and Hearing) of this Development Code.
[5] Publication or posting of a legal notice is required only if a public hearing is requested by the applicant, an abutting property owner, or other affected person or entity.

2.03.010: Public Hearing Notification

A. Public Hearing Notice Minimum Information. Public hearing notices shall contain the following minimum information:

1. A general description, in text or by diagram, of the location of the real property that is the subject of the hearing;

2. Time, place, and location of the public hearing;

3. A general description of the matter to be considered;

4. A statement indicating that additional application materials and documentation are on file with the City of Ontario and where such additional project information may be viewed or obtained;

5. A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing; and

6. The identity of the hearing body or officer.
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B. Notices for Public Hearings Conducted by the City Council. A notice for a public hearing conducted by the City Council shall not be published, mailed, delivered, or posted in advance of a public hearing conducted by the Planning Commission pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, as the public hearing notice shall include the recommendation of the Planning Commission.

C. Public Notification Required 10 Days in Advance of any Public Hearing. Public hearing notification shall be provided a minimum of 10 days in advance of any public hearing (20 days if a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property) and shall be provided by one or more of the following methods, as necessary:

1. First Class Mail or Delivery. First Class Mail or delivery shall be provided to:

a. Any person filing a request to the Planning Department to receive such notices; and

b. All owners of real property located within the specifieda minimum of 300 FT of the exterior boundaries of the property that is the subject of the hearing, as shown on the last equalized assessment roll, or records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll, except that:

(1) For Minor Variances, the area of notification shall include all properties having a property line common with the affected property; and

(1)(2) For discretionary applications, the area of notification shall be within 300 FT of the exterior boundaries of the property that is the subject of the hearing;

(3) For wireless telecommunications facilities located 500 FT or less from residentially zoned property, the area of notification shall be within 500 FT of the exterior boundaries of the property that is the subject of the hearing.; and

(2)(4) For legislative applications , the area of notification shall be within 600 FT of the exterior boundaries of the property that is the subject of the hearing.

c. The owner's duly authorized agent, if any; and

d. The project applicant; and

e. Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to CC Section 883.230; and

f. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

2. Number of Owners Requiring Public Hearing Notification Is Greater Than 1,000. If the number of owners to whom notice would be mailed or delivered pursuant to Subparagraph C.1.b of this Section, is greater than 1,000, in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page may be placed in at least one newspaper of general circulation within the City of Ontario.

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Ontario Development Code Page 2.03-9 (Rev. 01.16.202408.19.2025)

3. Public Hearing Notice Publication . If notice is mailed or delivered pursuant to Subparagraph C.1.b of this Section, notice shall also be published in at least one newspaper of general circulation in the City or, if there is no such newspaper of general circulation, the notice shall be posted in at least 3 public places within the boundaries of the City, including the subject site.

4. Supplemental Public Noticing Requirements — Posting.

a. In addition to the requirements of paragraphs C.1 through C. 3, above, supplemental public notice shall be provided, which consists of one or more large public notification signs consisting of a 6-foot-tall freestanding sign, having a sign face measuring 4 feet tall by 8 feet wide, which shall be posted on the project site for development related projects meeting any of the following criteria:

(1) The proposed project is planned to be developed at a higher density or intensity than the existing surrounding neighborhood; and/or

(2) The proposed project requires a General Plan Amendment, Specific Plan Amendment, or Zone Change; and/or

(3) The proposed project requires the preparation of an environmental impact report; and/or

(4) The Planning Director has determined that supplemental public notice is necessary and desirable based on the nature of the proposed project. For large projects, the planning director may determine that more than one sign is necessary.

b. A cash deposit is required in an amount adopted by resolution of the City Council, to ensure compliance with the supplemental notification requirements, including maintenance and removal of the large notification sign.

c. In order to implement the large public notification signs as an effective form of public notification, the following rules and standards shall apply:

(1) Large public notification signs shall be constructed and installed pursuant to the specifications established and published by the Planning Director.

(2) Large public notification signs shall be posted 300 line al feet apart along each project site'sat each of the project site’s street-facing corners and a logical midpoint of each street frontage, unless otherwise directed by the Planning Director. Sign locations shall be approved by the Planning Director in conjunction with a Sign Plan for a temporary sign issued pursuant to the requirements of Division 8.01 (Sign Regulations) of this Development Code .

(3) The fabrication and installation of a large public notification sign shall be the responsibility of the project applicant. Once the project application is deemed complete and all notification signs installed per city standards, the proposed project will be scheduled for all required public hearings.

(4) Large public notification signs shall be maintained in good condition and shall remain in place until the final decision on the proposed project has been made or the application is withdrawn.

693
Division 2.03—Public Hearings
(Rev. 01.16.202408.19.2025) Page 2.03-10 Ontario Development Code (5) Large public notification signs shall be removed by the applicant within 14 days following the final decision on the project or the date of application withdrawal.

Failure to remove the sign within the prescribed period shall result in forfeiture of the ca sh deposit and removal of the sign by the City.

5. Other Acceptable Methods of Public Noticing . In addition to the public noticing required by Paragraphs C.1 through C.4 of this Section, the City may give notice of a hearing by any other method deemed necessary or desirable by the Planning Director.

D. Public Notices Required Pursuant to CEQA . Public notification required pursuant to CEQA shall be prepared and advertised consistent with the requirements of the " City of Ontario Guidelines for the implementation of the California Environmental Quality Act ," latest edition.

2.03.015: Public Hearing Procedures

A. At any public hearing held pursuant to the provisions of this Division, the Advisory, Approving or Appeal Authority shall hear the applicant, appellant, and any interested persons.

The Advisory, Approving or Appeal Authority may restrict the oral presentation by any person to a time period established in the rules and procedures of the Authority, and may preclude the introduction of any evidence determined to be irrelevant to the public hearing. However, an Advisory, Approving or Appeal Authority shall receive any person's written statement.

B. In the event that an Advisory, Approving or Appeal Authority has obtained evidence outside of the hearing, the information shall be placed into the record. Thereafter, the applicant, appellant or any interested person may rebut the information and shall be entitled to a continuance for that purpose; however, no person may examine an Advisory, Approving or Appeal Authority.

C. Any action or decision of an Advisory, Approving or Appeal Authority shall require a majority vote of its attending members. An abstention by any member who is present at the hearing, and has heard all presented evidence, shall constitute an affirmative vote on any motion regarding the application.

D. When an action or decision of an Approving Authority is anticipated to be contested, the City shall insure that a verbatim record of the hearing is made and duly preserved, provided that a written request is submitted to the City, along with a deposit equal to the total anticipated cost of preparing the record, at least 5 days prior to the date of the hearing. If the actual cost to prepare the record is greater than the provided deposit, the difference (amount owed) shall be paid to the City prior to the record being made available. The City shall return any unused portion of the deposit following completion of the record.

E. Any public hearing conducted pursuant to this Section may be continued from time -to- time. If a hearing is continued at the request of an applicant or appellant, the continuance shall constitute a waiver of any applicable time period in which to act or render a decision.

F. Any action or decision of the Approving Authority shall be final and conclusive, unless appealed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.

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Ontario Development Code Page 2.03-11 (Rev. 01.16.202408.19.2025)

2.03.020: Request for Notification

Wherein notice of a public hearing is required pursuant to Section 2.03.010 (Public Hearing Notices) of this Division, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for such notice with either the city clerk or the Planning Department.

2.03.025: Failure to Receive a Public Notice

Pursuant to GC Section 65093, the failure of any person or entity to receive notice given pursuant to this Division shall not constitute grounds for any court to invalidate the actions of the Approving Authority for which the notice was given.

2.03.030: Cemeteries

Wherein an application is submitted for a Development Code Amendment, General Plan Amendment, Specific Plan Amendment, Variance, Conditional Use Permit, Development Plan, or any entitlement for use which would permit all or any part of a cemetery, as defined in HSC Section 8100, to be used for other than cemetery purposes, the City shall give notice pursuant to Section

2.03.010 (Public Hearing Notices) of this Division. Those persons requesting notice shall be notified by the City at the address provided at the time of the request.

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696
Ontario Development Code Page 2.04-1 (Rev. 12.01.2020)
Division 2.04—Appeals

Sections:

2.04.000: Purpose

2.04.005: Applicability

2.04.010: Appeals

2.04.015: Planning Commission Right to Direct that a Decision or Action of the Zoning Administrator or Development Advisory Board be Further Considered

2.04.020: City Council Right to Direct that a Decision or Action of the Planning Commission, Zoning Administrator, or Development Advisory Board be Further Considered

2.04.000: Purpose

The purpose of this Division is to implement GC Section 65903, which governs the establishment of procedures for the filing, processing and hearing of appeals on actions or decisions of a City department, agency, or Approving Authority.

2.04.005: Applicability

Any person having legal standing, including but not limited to an applicant, resident, business owner, or any person owning real property within the City, that is aggrieved by an interpretation, action or decision made pursuant to this Development Code by any City agency or department, or by an Approving Authority, may appeal such action to the Appeal Authority in accordance with the provisions of this Division.

2.04.010: Appeals

A. Appeal Authority.

1. The Appeal Authority for all legislative actions, discretionary permits and actions, and ministerial permits and decisions, is hereby established pursuant to Table 2.02 -1 (Review Matrix) of this Development Code.

2. The Appeal Authority for an administrative interpretation, action, or decision made by any City agency or department head regarding any matter prescribed or governed by this Development Code may be appealed to the Planning Commission, except as otherwise prescribed by this Development Code.

B. Appeal Procedure.

1. An appeal request shall be filed with the Planning Department on a City application form, along with any appropriate fees established by resolution of the City Council, within 10 days following the action or decision being appealed. The appeal shall includ e a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and the relief requested from the Appeal Authority.

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(Rev. 12.01.2020) Page 2.04-2 Ontario Development Code

2. An appeal of an action or decision by the Approving Authority shall be limited to those matters raised during the hearing and contained in the appeal statement. The Appeal Authority shall not consider any matter that was not raised during the hearing befor e the Approving Authority and contained in the appeal statement.

3. Upon receipt of an appeal request, copies of the request and supporting information shall be conveyed to the Appeal Authority within 45 days (30 days for a tentative subdivision map) following the filing of the appeal request. The Appeal Authority shall se t the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.

4. Upon receipt of an appeal request, the Planning Director shall prepare the record on the subject matter of the appeal, including any staff reports and meeting minutes, and transmit the record to the Appeal Authority. The Planning Director shall also prepar e a written report responding to the appeal statement, containing a recommendation on the appeal and appropriate findings supporting the recommendation, along with any appropriate conditions of approval. The report shall be made available to the Appellant at least 72 hours prior to the hearing before the Appeal Authority.

5. Within 30 days (10 days for a tentative subdivision map) following the conclusion of the hearing, the Appeal Authority shall render its decision on the appeal. The Appeal Authority may deny the appeal or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision shall include all required findings.

2.04.015: Planning Commission Right to Direct Further Consideration of a Zoning Administrator or Development Advisory Board Action

A. Agendas of Zoning Administrator and Development Advisory Board hearings shall be provided to the Planning Commission at least 72 hours prior to the date of the hearing.

B. Within 10 days following any decision or action of the Zoning Administrator or Development Advisory Board, the Planning Commission may call- up such decision or action for further consideration.

C. Upon calling -up a decision or action pursuant to Subsection B, above, the Planning Commission shall set the matter for hearing, which shall be noticed and conducted pursuant Division 2.03 (Public Hearings) of this Development Code. The hearing shall procee d pursuant to Subsection 2.04.010.B (Appeal Procedure) of this Division.

D. The Planning Commission may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission's decision shall be final and conclusive in the absence of an appeal filed pursuant to this Division.

2.04.020: City Council Right to D irect Further Consideration of a Planning Commission, Zoning Administrator, or Development Advisory Board Action

A. All agendas for Zoning Administrator, Development Advisory Board and Planning Commission hearings shall be provided to the City Council at least 72 hours prior to the date of the hearing.
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Ontario Development Code Page 2.04-3 (Rev. 12.01.2020)

B. Within 10 days following any decision or action of the Planning Commission, Zoning Administrator, or Development Advisory Board, the City Council may direct that such decision or action be sent to the Planning Commission for further consideration.

C. Within 10 days following any decision or action of the Planning Commission, the City Council may call-up such decision for further consideration.

D. Upon sending or calling -up a decision or action pursuant to Subsections B and C of this Section, the applicable hearing body shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Section 2.04.010.B (Appeal Procedure) of this Division.

E. The Planning Commission or City Council may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission 's decision shall be final and conclusive, unless appealed to the City Council pursuant to Section 2.04.010 (Appeals) of this Division. The City Council's decision shall be final and conclusive.

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Ontario Development Code Page 2.05-1 (Rev. 12.01.2020)
Division 2.05—City Initiated Modification or Revocation

Sections:

2.05.000: Purpose

2.05.005: Applicability

2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation

2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use

2.05.000: Purpose

The purpose of this Division is to:

A. Establish procedures for securing disciplinary or punitive modification or revocation of a previously granted Conditional Use Permit, or Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship; and

B. Establish procedures for the revocation of Conditional Use Permits , for which the land use granted has been abandoned.

2.05.005: Applicability

A. Conditional Use Permit.

1. Disciplinary or Punitive Modification.

a. The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Conditional Use Permit, based upon one or more of the following causes of action:

(1) The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;

(2) The Conditional Use Permit granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or

(3) The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.

b. The action to modify a Conditional Use Permit shall have the effect of changing the physical and/or operational aspects of the Conditional Use Permit. The changes may include the physical and/or operational aspects related to noise, buffers, duration of the permit, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the Conditional Use Permit is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.

2. Disciplinary or Punitive Revocation.
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a. The Approving Authority shall have authority to revoke a Conditional Use Permit, based upon one or more of the following causes of action:

(1) The Conditional Use Permit approval was obtained by fraud;

(2) The Conditional Use Permit granted is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days;

(3) The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;

(4) The Conditional Use Permit granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or

(5) The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.

b. The Approving Authority 's action to revoke a Conditional Use Permit shall have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.

3. Revocation of Due to Abandonment of Use . A Conditional Use Permit granting a land use that is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days, may be deemed to be abandoned (cause of action) and may be revoked solely on the basis of its abandonment.

B. Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship.

1. Disciplinary or Punitive Modification.

a. The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:

(1) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of certificate approval;

(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or

(3) The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.

b. The action to modify a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of changing the physical aspects of the certificate, such as landscaping and irrigation, lighting, parking, performance guarantees, property maintenance, signs, paving, or any other aspect or condition determined to be reasonable and necessary to 702
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Ontario Development Code Page 2.05-3 (Rev. 12.01.2020)
ensure that the c ertificate is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.

2. Disciplinary or Punitive Revocation.

a. The Approving Authority shall have authority to revoke a Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:

(1) The Certificate of Appropriateness or Certificate of Economic Hardship approval was obtained by fraud;

(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is not being exercised;

(3) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;

(4) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or

(5) The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.

b. The Approving Authority's action to revoke a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of terminating the certificate and denying the privileges granted by the original approval and any subsequent modifications.

2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation

A. Initiation of Modification or Revocation.

1. Conditional Use Permit. It shall be the responsibility of the Zoning Administrator to determine whether reasonable grounds exist to initiate a Conditional Use Permit modification or revocation.

2. Certificate of Appropriateness or Certificate of Economic Hardship. It shall be the responsibility of the Historic Preservation Subcommittee to determine whether reasonable grounds exist to initiate a Certificate of Appropriateness or Certificate of Economic Hardship modification or revocation.

B. Hearing Notification. Upon determination that reasonable grounds exist to initiate a permit or certificate modification or revocation, the City shall:

1. Schedule a hearing before the Approving Authority, which shall be noticed pursuant to Division 2.03 (Public Hearings) of this Development Code, based upon the type of application being considered ( Note: I f Division 2.03 (Public Hearings) does not require public 703
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notification for the application type being considered, no public notice shall be required for the modification/revocation hearing); and

2. Serve the affected applicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/Revocation Proceedings. The notice shall be sent by certified mail at least 10 days prior to the public hearing date, and shall contain the following minimum information:

a. A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;

b. The name(s) of the owner, and name(s) of occupants if different from the owner;

c. The project file number and date of issuance;

d. A description of the authorized land use or development entitlement, or discretionary administrative permit;

e. Statements supporting one or more of the causes of action contained in Section 2.05.005 (Applicability) of this Division;

f. A statement that the Approving Authority will hold a public hearing within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the hearing, may either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance;

g. A statement that the applicant, owner, and/or occupant may appear in person and/or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and

h. The date, time, and place of the public hearing.

C. Hearing.

1. The modification or revocation shall be heard and acted upon pursuant to the procedures for public hearings contained in Division 2.03 (Public Hearings) of this Development Code.

2. At the conclusion of the hearing, the Approving Authority may take appropriate action to ensure permit or certificate compliance, including the addition, deletion, or modification of conditions of approval, or revocation of the permit or certificate.

D. Decision and Notice to Property Owner.

1. Within 45 days following the conclusion of the modification or revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the causes of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.

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2. The decision of the Approving Authority to modify or revoke an approved discretionary permit or action shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.

2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use

A. Revocation Initiation. The Approving Authority may initiate the revocation of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.

B. Hearing Notification. Upon determination by the Approving Authority that reasonable grounds exist to initiate Conditional Use Permit revocation, the Approving Authority shall conduct a hearing, setting the date and time upon which the request will be considered. Notice of the hearing shall be given, and the hearing shall be conducted, pursuant to Division 2.03 (Public Hearings) of this Development Code.

C. Decision and Notice to Property Owner.

1. The Approving Authority shall not revoke a Conditional Use Permit if there is a compelling government interest in maintaining the subject permit.

2. The Approving Authority's action to revoke a Conditional Use Permit shall have the effect of terminating the land use permit, along with any privileges granted by the original approval and any subsequent modifications that may have been granted.

3. Following the conclusion of the revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the cause of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.

4. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.

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Division 2.06—Performance Guarantees

Sections:

2.06.000: Purpose

2.06.005: Applicability

2.06.010: Surety Form and Amount

2.06.015: Surety for Maintenance

2.06.020: Duration of Surety

2.06.025: Release or Forfeiture of Surety

2.06.000: Purpose

The purpose of this Division is to establish a procedure by which a discretionary permit or action, or ministerial permit or decision may require, by conditions of approval or by action of the Approving Authority, to provide surety guaranteeing the faithful performance and proper completion of any approved work and compliance with conditions of approval.

2.06.005: Applicability

The provisions of this Division shall apply to performance guarantees for projects authorized by any a discretionary permit or action, or ministerial permit or decision required by this Development Code.

2.06.010: Surety Form and Amount

The required surety shall be in a form (e.g., cash deposit, certificate of deposit, surety bond, etc.) approved by the Planning Director or City Engineer, upon recommendation of the City Attorney.

The amount of surety shall be as determined by the Planning Director and/or City Engineer to be necessary to ensure proper completion of the work and compliance with conditions of approval.

2.06.015: Surety for Maintenance

In addition to any improvement surety required to guarantee proper completion of work, the Planning Director or City Engineer may require surety for maintenance of the work in an amount determined by the Planning Director and/or City Engineer to be sufficient to ensure the proper maintenance and functioning of improvements.

2.06.020: Duration of Surety

Required improvement surety shall remain in effect until final inspections have been made and all work has been accepted by the Planning Director and/or City Engineer, or until any warranty period required by the Planning Director and/or City Engineer has lapsed. Maintenance surety shall remain in effect for the one-year period following the date of final inspection.

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2.06.025: Release or Forfeiture of Surety

A. Upon satisfactory completion of work and the approval of a final inspection at the end of the required time for maintenance surety, the improvement and/or maintenance deposits or bonds shall be released.

B. Upon failure to complete all required work, failure to comply with all of the terms of any applicable permit or failure of the completed improvements to function properly, the City may perform the required work or cause it to be completed, and collect from the permittee or surety, all the costs incurred by the City, including the all costs for the work and all related administrative, inspection and legal costs.

C. Any unused portion of the surety shall be refunded to the funding source after deduction of all costs for the work and all related administrative, inspection and legal costs. 708

Chapter 5.0:

Zoning and Land Use

Division 5.01—Zoning Districts and Boundaries
Division 5.02—General Land Use Provisions
Division 5.03—Supplemental Land Use Regulations

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Ontario Development Code Page 5.01-1 (Rev. 12.03.202408.19.2025) Division 5.01—Zoning Districts and Boundaries

Sections:

5.01.000: Purpose

5.01.005: Establishment of Base Zoning Districts

5.01.010: Zoning Map Adoption

5.01.015: Zoning District Boundaries

5.01.000: Purpose

The purpose of this Division is to establish zoning districts to implement the goals of the community as stated in The Ontario Plan. The text and maps of the Policy Plan component of The Ontario Plan will provide additional guidance in the development and use of properties throughout the City.

5.01.005: Establishment of Base Zoning Districts

In order to carry out the purpose and provisions of this Development Code, the City is hereby divided into the following zoning districts:

A. Residential Zoning Districts.

1. AR-2 (Residential- Agricultural—0 to 2.0 DU/Acre) Zoning District . The AR- 2 zoning district is hereby established to accommodate single -family residences on large lots, at a density range of 0 to 2.0 dwelling units per acre and allow for limited agricultural activities and animal keeping within a rural environment. The AR -2 zoning district is further intended to maintain a rural agricultural heritage and protect the area from suburban infringement, while maintaining a harmonious relationship between the rural and adjacent suburban land uses. The AR -2 zoning district is consistent with and implements the Rural Residential land use designation of the Policy Plan component of The Ontario Plan.

2. RE-2 (Rural Estate—0 to 2.0 DU/Acre) Zoning District. The RE-2 zoning district is hereby established to accommodate single-family residences on larger lots, at a density range of 0 to 2.0 dwelling units per acre, in a semi-rural environment where limited animal keeping is permitted. The RE-2 zoning district is consistent with and implements the Rural Residential land use designation of the Policy Plan component of The Ontario Plan.

3. RE-4 (Residential Estate—2.1 to 4.0 DU/Acre) Zoning District. The RE-4 zoning district is hereby established to accommodate single -family homes on estate -sized lots, in a suburban environment, at a density range of 2.1 to 4.0 dwelling units per acre. The RE -4 zoning district is consistent with and implements the Low Density Residential land use designation of the Policy Plan component of The Ontario Plan.

4. LDR-5 (Low Density Residential—2.1 to 5.0 DU/Acre) Zoning District. The LDR-5 zoning district is hereby established to accommodate single-family homes on individual lots, in a suburban environment, at a density range of 2.1 to 5.0 dwelling units per acre. The LDR -5 zoning district is consistent with and implements the Low Density Residential land use designation of the Policy Plan component of The Ontario Plan.

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5. MDR-11 (Low-Medium Density Residential—5.1 to 11.0 DU/Acre) Zoning District. The MDR-11 zoning district is hereby established to accommodate a variety of attached and detached housing types, in a suburban environment, at a density range of 5.1 to 11.0 dwelling units per acre. The MDR -11 zoning district is consistent with and implements the Low -Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.

6. MDR-18 (Medium Density Residential—11.1 to 18.0 DU/Acre) Zoning District . The MDR-18 zoning district is hereby established to accommodate a variety of attached and detached housing types, in a suburban environment, at a density range of 11.1 to 18.0 dwelling units per acre. The MDR -18 zoning district is consistent with and implements the Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.

7. MDR-25 (Medium -High Density Residential—18.1 to 25.0 DU/Acre) Zoning District .

The MDR -25 zoning district is hereby established to accommodate higher density residential developments, in a more urbanized environment, at a density range of 18.1 to 25.0 dwelling units per acre. The MDR -25 zoning district is consistent with and implements the Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.

8. HDR-45 (High Density Residential—25.1 to 45.0 DU/Acre) Zoning District. The HDR-45 zoning district is hereby established to accommodate high -density multiple-family developments in an urban environment, generally located within 1/2 -mile of a transit corridor or station, at a density range of 25.1 to 45.0 dwelling units per acre. The HDR -45 zoning district is consistent with and implements the High Density Residential land use designation of the Policy Plan component of The Ontario Plan.

B. Commercial Zoning Districts.

1. CS (Corner Store) Zoning District. The CS zoning district is hereby established to accommodate pedestrian-oriented neighborhood retail and service establishments developed at a maximum intensity of 0.4 FAR, which would have few impacts to adjacent residential uses due to the types of uses allowed and their limited hours of operation. CS zoning district locations are within established or planned neighborhoods, generally along residential collector streets, and are intended to provide their goods and services within walking distance to most of their customers. This zoning district provides for a scale and character of development that tends to attract and promote a walk- in clientele. Development within the CS zoning district should maximize human scale design elements, while providing a sensitive transition between the allowed uses and neighboring residences, including the provision of adequate and properly sited parking (including allowances for on -street parking). Sites within this zoning district are typically small in size (less than 0.5-acre), are usually stand-alone land uses, and are intended to fit into and protect the residential pattern of development. The CS zoning district is consistent with and implements the Neighborhood Commercial land use designation of the Policy Plan componen t of The Ontario Plan.

2. CN (Neighborhood Commercial—0.4 Maximum FAR) Zoning District. The CN zoning district is hereby established to accommodate the development of convenience centers at a maximum intensity of 0.455 FAR and are intended to serve residents within a one to 2 -mile radius, with some customers within walking distance. Intended uses are smaller scale , which support the local market rather than a citywide or regional market (i.e., the difference between a Best Buy and a Radio Shack). Given their proximity to residential uses, the hours and types of uses allowed within the CN zoning district may be limited either by ordinance or by conditions of approval. Uses may be standalone or within a center generally 10 to 15 acres in size. The CN zoning district is 712
Division 5.01—Zoning Districts and Boundaries

Ontario Development Code Page 5.01-3 (Rev.12.03.202408.19.2025) consistent with and implements the Neighborhood Commercial land use designation of the Policy Plan component of The Ontario Plan.

3. CC (Community Commercial —0.4 Maximum FAR) Zoning District . The CC zoning district is hereby established to accommodate retail, office, and service uses developed at a maximum intensity of 0.4 FAR, which serve residents within a 5 -mile radius. If located within close proximity to residential areas, the operation of the commercial land uses may be limited to protect the nearby sensitive uses. Commercial uses within the CC zoning district may be standalone or within centers generally 10 to 20 acres in size. The CC zoning district is consistent with and implements the General Commercial land use designation of the Policy Plan component of The Ontario Plan.

4. CR (Regional Commercial—0.4 Maximum FAR) Zoning District. The CR zoning district is hereby established to accommodate commercial and entertainment centers which are larger in size than would otherwise be accommodated in the CC zoning district, developed at a maximum intensity of 0.4 FAR. The zoning district is intended for intense, regional- serving commercial and entertainment uses, and is generally located adjacent to, or in close proximity to, freeways and arterial roadways that accommodate regional traff ic. Uses may be standalone or within a center generally 15 or more acres in size. The CR zoning district is consistent with and implements the General Commercial and Office Commercial land use designation s of the Policy Plan component of The Ontario Plan. Furthermore, the CR zoning district is consistent with and implements the Office Commercial land use designation of the Policy Plan component of The Ontario Plan; provided, (a) the property shall have a minimum of 350 lineal feet of freeway frontage along Interstate 10 or Interstate 15, and (b) the use of the property shall be restricted to automobile dealers (including new and used automobiles, light trucks and vans).

5. CCS (Convention Center Support Commercial) Zoning District . The CCS zoning district is intended to accommodate uses developed at a maximum intensity of 1.0 FAR, which predominantly serve the Ontario Convention Center, regional uses, and the special needs of leisure and business clientele who visit the City and su rrounding region. The CCS zoning district is consistent with and implements the Hospitality land use designation of the Policy Plan component of The Ontario Plan.

6. OL (Low Intensity Office) Zoning District. The OL zoning district is hereby established to accommodate low -intensity office and support commercial uses developed at a maximum intensity of 0.75 FAR, which are typically located in close proximity to residential developments.

Development within this zoning district is residential in scale and typically no more than 2 stories in height. Uses within this zoning district are generally limited in their hours of operation to limit their impact upon nearby residents , and include administrative and business support services, local branches of financial institutions, legal services, insurance services, real estate services, medical and dental services, and similar support services. The OL zoning district is consistent with and implements the Office/Commercial land use designation of the Policy Plan component of The Ontario Plan.

7. OH (High Intensity Office) Zoning District. The OH zoning district is hereby established to accommodate intense professional office and supporting uses developed at a maximum intensity of 0.75 FAR, and is intended to be applied in areas planned for more concentrated urban uses, or in key locations of potential mass transit, major intersections, or in close proximity to identified activity centers. The OH zoning district is consistent with and implements the Office/Commercial land use designation of the Policy Plan component of The Ontario Plan.

C. Mixed Use Zoning Districts.
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(Rev. 12.03.202408.19.2025) Page 5.01-4 Ontario Development Code

1. MU-1 (Downtown Mixed Use) Zoning District.

a. The MU- 1 zoning district is hereby established to accommodate a fairly intensive mixture of vertical and horizontal retail, entertainment, and office uses at a development intensity of up to 2.0 FAR, and residential uses at a density of 25 to 75 DU/AC, with the most intensive uses envisioned along Euclid Avenue and Holt Boulevard. Development projects are intended to maintain a pedestrian friendly atmosphere, while at the same time enhancing the historic character of the area.

b. Furthermore, the MU-1 zoning district is established to: [i] recognize, protect, and enhance the visual character and quality of Ontario 's historic downtown area as a historic resource; [ii] establish and recognize Ontario 's historic downtown as the arts and entertainment mecca for the surrounding region, to include a wide range of allowed uses, such as shopping, restaurants, outdoor dining, cultural offerings, street fairs, artist festivals, galleries, work/live lofts, breweries, and artisan co -ops; [iii] recognize Holt Boulevard as a vital east -west link to Ontario 's historic downtown, offering opportunities for vertical and horizontal mixed use developments consisting of market rate and below market rate housing, retail and offices, and work/live uses; and [iv] recognize Ontario's civic center for its significant outdoor spaces, amenities and services, which serve to enhance the historic downtown's shopping, dining, and living experiences.

c. In order to carry out the purposes and provisions of the Land Use component of The Ontario Plan and this Development Code, the MU-1 zoning district is hereby divided into four Land Use Areas. The boundaries of each Land Use Area (LUA) is shown in Figure

5.01-1 (MU-1 (Downtown Mixed Use) Zoning District Land Use Areas Map) of this Division, and their purposes are described below.

(1) LUA-1 (Euclid Avenue Entertainment ) District—The Euclid Avenue Entertainment District is a central urban location intended to provide the vitality, amenities, and a range of entertainment, shopping, restaurant, outdoor dining, and cultural offerings. The District is further intended to promote a variety of dense housing options; enhanced public and private rights-of-way to improve pedestrian, bicyclist, and vehicular connectivity; and grow employment opportunities.

(2) LUA-2 (Arts) District—

(a) The Arts District is intended as a dynamic destination for locals and tourists, while creating a fulfilling urban experience energized by artistic, educational, and commercial participants. The focus of the Area is to increase the number of collaborated events and programs within the Area, with the intent to attract visitors, promote economic vitality, and boost revenue. Street fairs, artist festivals, restaurants, galleries, work/live lofts, breweries, and artisan co-ops will contribute to the physical and cultural diversity of the Arts District.

(b) The Arts District is divided into two subareas: Arts District North and Arts District South.

(i) Arts District North is intended to accommodate a mix of work/live lofts, artisan co -ops, restaurants, galleries, breweries, and other commercial uses intended to strengthen the economic base of the area.

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Division 5.01—Zoning Districts and Boundaries

Ontario Development Code Page 5.01-5 (Rev. 12.03.202408.19.2025)

Figure 5.01-1: MU-1 (Downtown Mixed-Use) Zoning District Land Use Areas Map

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Division 5.01—Zoning Districts and Boundaries

Ontario Development Code Page 5.01-6 (Rev. 12.03.202408.19.2025)

Figure 5.01-2: MU-1 (Downtown Mized Use) Zoning District Land Use Map 716
Division 5.01—Zoning Districts and Boundaries

Ontario Development Code Page 5.01-7 (Rev. 12.03.202408.19.2025) (ii) Arts District South is situated between Union Pacific and Southern Pacific Rail Lines, within an area not particularly suited to uses having a residential component (such as work/live lofts). Arts District South is envisioned to accommodate a mix of commercial, business park, and light industrial activities, which like Arts District North, will serve to stimulate the economic vitality of the area.

(3) LUA-3 (Holt Boulevard ) District—Holt Boulevard is a vital east -west link to the downtown, particularly from Ontario International Airport, the Ontario Convention Center, and the nearby hospitality center. The Holt Boulevard District offers the most opportunity for development of market-rate and attainable housing. Mixed-use may be vertical or horizontal, with retail or live/work on the ground floor. Residents will have access to many downtown amenities, including shopping, public services, open space, and p ublic transportation (Bus Rapid Transit or "BRT"). The District will be designed as a signature gateway to the City's historic downtown.

(4) LUA-4 (Civic Center) District—The Civic Center District's proximity to the Euclid Avenue Entertainment District will contribute to the community character and commercial vitality of Ontario 's historic downtown area. People in need of City services at City Hall, the Public Library, or the Community Center, are potential shoppers and diners at downtown stores and restaurants. Furthermore, the Civic Center's significant outdoor spaces provide a link to downtown shopping, dining, streetscapes, and friendly pedestrian experiences.

d. To accomplish the objectives of the MU-1 (Downtown Mixed Use) zoning district, certain blocks have been imposed with use restrictions, as sh own in Figure 5.01-2 (MU-1 (Downtown Mixed Use) Zoning District Land Use Map) of this Division.

e. The MU- 1 zoning district , along with the Land Use Areas and Land Use Subdistricts established thereunder, is consistent with and implements the Downtown Mixed Use land use designation of the Policy Plan component of The Ontario Plan.

2. MU-3 ( East Guasti Mixed Use) Zoning District . The MU- 3 zoning district is hereby established to accommodate a mixture of low-rise (up to 5 stories) office and retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 65 DU/AC, that will create identity and place within the southeast corner of the Guasti Mixed Use area. Approximately one -half of the MU-3 zoning district is developed with the historic San Secondo d 'Asti Catholic Church . The remaining half of the area is intended for development with high -quality office, lodging, retail, and residential uses that respect the history of the adjacent Guasti Winery. The MU-3 zoning district is consistent with and implements the Guasti Mixed Use land use designation of the Policy Plan component of The Ontario Plan.

3. MU-6 (East Holt Mixed Use) Zoning District . The MU- 6 zoning district is hereby established to accommodate the intensification of the Holt Boulevard Corridor with low -rise (up to 5 stories) buildings housing a mixture of retail and office uses at a development intensity of up to 1.0 FAR and 2.0 FAR, respectively, and residential uses at a density of 14 to 40 DU/AC. The intent of this zoning district is to create identity and place along the Holt Boulevard Corridor and provide a connection between the Downtown Mixed Use Area and the Ontario Airport Metro Center. The MU-6 zoning district is consistent with and implements the Holt Mixed Use land use designation of the Policy Plan component of The Ontario Plan.

4. MU-8B (Mountain/Fourth Mix ed Use) Zoning District . The MU-8B zoning district is hereby established to accommodate a low-rise (up to 5 stories) mixture of retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Mountain Avenue corridor and serve the surrounding residents. The MU-8B zoning district 717
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(Rev. 12.03.202408.19.2025) Page 5.01-8 Ontario Development Code is consistent with and implements the Mountain/Fourth Mixed Use Neighborhood Activity Hub land use designation of the Policy Plan component of The Ontario Plan.

5. MU-8C ( West Holt Mixed Use) Zoning District . The MU-8C zoning district is hereby established to accommodate the intensification of the Holt Boulevard Corridor with low -rise (up to 5 stories) buildings housing a mixture of retail and office uses at a development intensity of up to 1.0 FAR and 2.0 FAR, respectively, and residential uses at a density of 14 to 40 DU/AC. The intent of this zoning district is to create identity and place along the Holt Boulevard Corridor and provide a connection between the Downtown Mixed Use Area and the Ontario Airport Metro Center. The MU-8C zoning district is consistent with and implements the Holt Mixed Use land use designation of the Policy Plan component of The Ontario Plan.

6. MU-8D (Euclid/Francis Mixed Use) Zoning District. The MU-8D zoning district is hereby established to accommodate a mixture of low-rise (up to 5 stories) retail uses at an intensity of up to 1.0 FAR, and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Euclid Avenue corridor. The MU-8D zoning district is consistent with and implements the Euclid/Francis Mixed Use Neighborhood Activity Hub land use designation of the Policy Plan component of The Ontario Plan.

7. MU-8E (Euclid/Walnut Mixed Use) Zoning District. The MU-8E zoning district is hereby established to accommodate a low-rise (up to 5 stories) mixture of retail uses at an intensity of 1.0 FAR and residential uses at a density of 20 to 75 DU/AC, that will create identity and place along the Euclid Avenue corridor and serve the surrounding residents. The MU-8E zoning district is consistent with and implements the Euclid/Walnut Mixed Use Neighborhood Activity Hub land use designation of the Policy Plan component of The Ontario Plan.

D. Industrial Zoning Districts.

1. BP (Business Park) Zoning District. The BP zoning district is hereby established to accommodate industrial-serving commercial and office uses, and very light industrial uses, which may be developed at a maximum intensity of 0.6 FAR. Development within this zoning district is typically multi-tenant in nature; however, single-tenant buildings are not precluded. The BP zoning district is consistent with, and implements, the Business Park land use designation of the Policy Plan component of The Ontario Plan.

2. IP (Industrial Park) Zoning District. The IP zoning district is hereby established to accommodate a combination of commercial activity and light industrial uses, which may be developed at a maximum intensity of 0.6 FAR, and which support services to nearby industrial uses, technology centers , research and development, " clean" industry, and limited manufacturing activities. The IP zoning district is consistent with, and implements, the Business Park land use designation of the Policy Plan component of The Ontario Plan.

3. IL (Light Industrial) Zoning District. The IL zoning district is hereby established to accommodate lighter manufacturing and assembly activities, storage and warehousing activities, and other similar uses developed at a maximum intensity of 0.55 FAR. This zoning district is typically located within 500 feet of residentially zoned properties, public parks and schools, and mixed-use properties having a residential component a nd is intended to serve as a buffer between residentially zoned areas and heavier industrial zoning districts. Allowed uses are expected to have little or no impacts on nearby residential uses with regard to noise, odor, or hazards. The IL zoning district is consistent with, and implements, the Business Park and Industrial land use designations of the Policy Plan component of The Ontario Plan.

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Ontario Development Code Page 5.01-9 (Rev.12.03.202408.19.2025)

4. IG (General Industrial) Zoning District. The IG zoning district is hereby established to accommodate a wide range of manufacturing and assembly activities, storage and warehousing activities, and other similar uses developed at a maximum intensity of 0.55 FAR, which desire to locate in larger buildings and on larger sites. This zoning district is generally located away from residentially zoned properties, public parks and schools, and mixed -use properties having a residential component. The IG zoning district is consistent with, and implements, the Industrial land use designation of the Policy Plan component of The Ontario Plan.

5. IH (Heavy Industrial) Zoning District . The IH zoning district is hereby established to accommodate heavier manufacturing, assembly, storage, warehousing, and other similar industrial activities, as well as adult uses, which may have negative impacts when located near residential or other sensitive land uses, and which may be developed at a maximum intensity of

0.55 FAR. This zoning district is intended to be located away from residentially zoned properties, public parks and schools, and mixed-use properties having a residential component. The IH zoning district is consistent with, and implements, the Industrial land use designation of the Policy Plan component of The Ontario Plan.

E. Specialized Use Zoning Districts.

1. CIV (Civic) Zoning District. The CIV zoning district is hereby established to accommodate permanent public facilities such as City Hall, public libraries, museums, public and private schools and colleges/universities, police and fire stations, and other similar facilities that require significant public investment and are utilized by the public. The CIV zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.

2. MHP (Mobile Home Park) Zoning District. The MHP zoning district is hereby established to accommodate communities consisting of mobile homes and manufactured housing at a density range of 5.1 to 8.0 11.0 dwelling units per acre. The MHP zoning district is consistent with, and implements, the Low-Medium Density Residential land use designation of the Policy Plan component of The Ontario Plan.

3. ONT (Ontario International Airport) Zoning District. The ONT zoning district is hereby established to accommodate Ontario International Airport and surrounding properties directly impacted by airport operations. This zoning district includes uses such as airport terminals (including commercial and service uses related to the terminals), car rental agencies, and airport- related industrial, and delivery uses developed at a maximum overall zoning district intensity of

0.55 FAR. The ONT zoning district is consistent with, and implements, the Ontario International Airport land use designation of the Policy Plan component of The Ontario Plan.

4. OS-C (Open Space -Cemetery) Zoning District . The OS -C zoning district is hereby established to accommodate cemetery sites. Cemeteries provide visual open space , but not recreational opportunities, and have unique characteristics and activities that warrant a separate zoning designation to address their operational characteristics. The OS -C zoning district is consistent with, and implements, the Open Space -Nonrecreation land use designation of the Policy Plan component of The Ontario Plan.

5. OS-R (Open Space -Recreation) Zoning District . The OS -R zoning district is hereby established to accommodate open space uses such as public parks and recreation centers. The OS-R zoning district is consistent with, and implements, the Open Space -Parkland and Open Space-Water land use designation of the Policy Plan component of The Ontario Plan.

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Division 5.01—Zoning Districts and Boundaries

(Rev. 12.03.202408.19.2025) Page 5.01-10 Ontario Development Code

6. PUD (Planned Unit Development) Zoning District . The PUD zoning district is hereby established to accommodate projects that require master plan approval pursuant to The Ontario Plan Policy Plan, which focuses on the character of the development, relationship of uses, public and private access, parking, pedestrian facilities, building form, integration with the roadways and pedestrian ways, public spaces, landscaping, amenities, and unique product types. The PUD zoning district is consistent with, and impleme nts, all land use designation of the Policy Plan component of The Ontario Plan.

7. RC (Rail Corridor) Zoning District . The RC zoning district is hereby established to accommodate permanent rail or fixed transit corridors through the City and includes stations and ancillary facilities , railroad maintenance ya rds, and construction storage yards . The RC zoning district is consistent with, and implements, the Railroad land use designation of the Policy Plan component of The Ontario Plan.

8. SP (Specific Plan) Zoning District . The SP zoning district is hereby established to accommodate the adoption of Specific Plans pursuant to this Development Code. The SP zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.

9. UC (Utilities Corridor) Zoning District . The UC zoning district is hereby established to accommodate flood control channels, retention and detention basins, electrical transmission corridors and landfills, and may include ancillary recreational facilities, such as public trails in conjunction w ith the primary use of the site. The UC zoning district is consistent with, and implements, the Open Space-Nonrecreational land use designation of the Policy Plan component of The Ontario Plan.

F. Overlay Districts.

1. AG (Agriculture) Overlay Zoning District. The AG Overlay zoning district is hereby established to accommodate the continuation of agricultural uses within the City, on an interim basis, until such time that development is slated to occur consistent with the Policy Plan component of The Ontario Plan and the underlying zoning dis trict. Furthermore, it is the intent of this overlay zoning district is to permit continued agricultural use of properties or to establish general agricultural uses, including dairies, which are appropriate for areas of concentrated agricultural uses. The AG Overlay zoning district is consistent with, and implements, all land use designation of the Policy Plan component of The Ontario Plan.

2. EA (Euclid Avenue) Overlay Zoning District. The EA Overlay zoning district is intended to: [i] recognize, protect, and enhance the visual character and quality of Euclid Avenue as a major scenic and historic resource of the City; [ii] recognize and protect Euclid Avenue's position on the National Register of Historic Places; and [iii] recognize Euclid Avenue as a major contributor to Ontario's historic downtown area.

3. ES (Emergency Shelter) Overlay Zoning District. The ES Overlay zoning district is hereby established to accommodate Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers pursuant to the Housing Element of the Policy Plan component of The Ontario Plan, and GC Section 65583. The ES overlay distr ict is consistent with, and implements, all land use designations of the Policy Plan component of The Ontario Plan.

4. MTC (Multimodal Transit Center) Overlay Zoning District. The MTC Overlay zoning district is hereby established to allow for the interim use of existing industrial buildings located in the Multimodal Mixed-Use land use designation, as shown on the Land Use Plan (Exhibit LU -01) of 720
Division 5.01—Zoning Districts and Boundaries

Ontario Development Code Page 5.01-11 (Rev.12.03.202408.19.2025) The Ontario Plan, with general industrial land uses allowed in the IG zoning district pursuant to Table 5.02-1 (Land Use Matrix) of this Division, while at the same time preserving the City's vision for the development of a multi- modal transit center and supporting mixed -use development. The MTC Overlay zoning district is consistent with, and implements, the Multimodal Mixed-Use land use designation of the Policy Plan component of The Ontario Plan.

5. ICC (Interim Community Commercial) Overlay Zoning District . The ICC Overlay zoning district is hereby established to allow for the interim use of existing commercial buildings, which are nonconforming as to zoning and/or land use. Property in the ICC Overlay zoning district shall be subject to the land use requirements of the CN and CC zoning districts, as shown in Table

5.02-1 (Land Use Matrix) of this Division, while at the same time preserving the City's long term vision for the development and use of property consistent with the underlying Policy Plan (general plan) land use designation. The ICC Overlay zoning district is consistent with, and implements, all land use designations of the Policy Plan component of The Ontario Plan.

6. AH (Affordable Housing) Overlay Zoning District. The AH Overlay zoning district is hereby established to facilitate housing opportunities within the City of Ontario by means of the implementation of required rezone programs pursuant to the City 's adopted Housing Element , where required for compliance with State Housing Element law.

7. CNO (Chino Airport) Overlay Zoning District. The CNO zoning district is hereby established to: [i] delineate the Airport Influence Area (AIA) for Chino Airport as the boundary of the CNO Overlay zoning district; [ii] adopt an airport land use compatibility plan for Chino Airport that is consistent with the 2011 Caltrans Airport Land Use Planning Handbook solely to address impacts within the boundaries of the City of Ontario; and [iii] promote compatibility between Chino Airport and the land uses that surround it. Property in the CNO Overlay zoning district shall be subject to the requirements of Reference I ( Chino Airport Land Use Compatibility Plan ) of this Development Code, which includes maps, criteria, and policy language to guide development within the Chino Airport AIA.

5.01.010: Zoning Map Adoption

The City Council hereby adopts the official zoning map of the City, entitled "City of Ontario Zoning Map" (hereafter referred to as "Zoning Map" ). The Zoning Map is hereby incorporated into this Development Code by reference and shall be maintained on file in the office of the Planning Department. The boundaries of the zones as set forth on the Zoning Map are confirmed, adopted, and established, and may be amended pursuant to the requirements of Section 4.01.040 (Zone Changes) of this Development Code.

5.01.015: Zoning District Boundaries

When uncertainty exists as to the boundary of a district shown on the Zoning Map, the following regulations shall control:

A. Where a boundary line is indicated as following a street or alley, the boundary line shall be construed as following the centerline of the right-of-way;

B. Where a boundary line follows or coincides approximately with a lot line or property ownership line, the boundary line shall be construed as following the lot line or boundary line;

721
Division 5.01—Zoning Districts and Boundaries

(Rev. 12.03.202408.19.2025) Page 5.01-12 Ontario Development Code C. Where the boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, unless specifically indicated by dimensions on the Zoning Map, the boundary line shall be determined based on the scale of the Zoning Map;

D. Where uncertainty exists, the Zoning Administrator shall determine in writing , the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map, the objectives of the Development Code, and the specific purposes for each district; and

E. Where a street or alley is officially vacated or abandoned, the area within the area of vacated street or alley on each side of the centerline shall be classified in the same zoning district as the adjoining property.

722

Ontario Development Code Page 5.02-1 (Rev. 12.03.202408.19.2025) Division 5.02—General Land Use Provisions

Sections:

5.02.000: Purpose

5.02.005: Applicability

5.02.010: Allowed Land Uses, Activities and Facilities

5.02.000: Purpose

The purpose of this Division is to identify those land uses, activities and facilities that may be established in conjunction with any buildings, improvements, lots, or premises that are privately owned, leased, operated, or controlled within the zoning districts established by Section 5.01.005 (Establishment of Base Zoning Districts) of this Development Code, and is to serve as a guide for the establishment of publicly owned land uses, activities and facilities (see Subsection 1.01.015.F (City Properties) of this Development Code.

5.02.005: Applicability

A. Land Use Matrix.

1. Land and facilities thereon shall be developed, divided, and/or used only for those activities and facilities listed in Table 5.02-1 (Land Use Matrix) of this Division. Table 5.02-1 (Land Use Matrix) establishes uses that are permitted, conditionally permitted, administratively permitted, or expressly prohibited, within the zoning districts established by Section 5.01.005 (Establishment of Base Zoning Districts) and identified on the Zoning Map established by Section 5.01.015 (Zoning Map Adoption) of this Chapter. A use that is not specifically allowed by Table 5.02 -1 (Land Use Matrix) shall be deemed a prohibited use unless otherwise allowed by the Zoning Administrator pursuant to Subsection C (Land Uses, Activities and Facilities Not Addressed by the Land Use Matrix) of this Section. Notwithstanding any other provision of this Development Code, a medical marijuana dispensary, as defined in Division 9.01 (Definitions) of this Development Code shall be a prohibited use in all zoning districts of the City (see Section 5.03.295 (Medical Marijuana Dispensary) of this Chapter).

2. Table 5.02-1 (Land Use Matrix) further establishes a hierarchy of land uses, activities, and facilities, based upon the North American Industry Classification System (NAICS) — the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy — and identifies the NAICS code for each industry sector (2 -number code), subsector (3 -number code), group (4 -number code), subgroup (5 -number code), and use (6 -number code), as they are applicable to the City, allowing the user to effectively reference the NAICS Association web site to obtain definitions for each industry, along with background information and access to various NAICS reference files and tools.

B. Land Use Regulations, Operating Conditions, and Development Standards. The "Additional Regulations" column of Table 5.02 -1 (Land Use Matrix) references the location of regulations, operating conditions, and/or development standards that are applicable to the corresponding land uses, activities and facilities.

723
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-2 Ontario Development Code C. Land Uses, Activities and Facilities Not Addressed by the Land Use Matrix. Land uses, activities, or facilities not addressed by Table 5.02.1 (Land Use Matrix) may be considered by the Zoning Administrator upon the request for a land use determination pursuant to Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code.

D. Specialized Use and Overlay Zoning Districts. Land uses, activities, and facilities within Specialized Use and Overlay Zoning Districts, which are not addressed in Table 5.02 -1 (Land Use Matrix), shall be applied as follows:

1. PUD (Planned Unit Development) Zoning District. The PUD zoning district is established to accommodate the development and use of properties that require Planned Unit Development approval pursuant to Exhibit LU -05 (Additional Plans Map) of the Policy Plan component of The Ontario Plan. Land uses, activities, and facilities within the PUD zoning district shall only be allowed pursuant to the applicable Planned Unit Development document.

2. SP (Specific Plan) Zoning District. The SP zoning district is established to accommodate the adoption of Specific Plans pursuant to Exhibit LU-05 (Additional Plans Map) of the Policy Plan component of The Ontario Plan. All land uses, activities, and facilities within the SP zoning district shall only be allowed pursuant to the applicable Specific Plan document.

3. EA (Euclid Avenue) Overlay District. The EA Overlay District is established to protect Euclid Avenue as a major scenic and historic resource of the City. All land uses, activities, and facilities within the EA Overlay district shall be allowed pursuant to the requirements of the applicable underlying base zoning district.

4. ES (Emergency Shelter) Overlay District. The ES Overlay District is established to accommodate Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers within areas of the City predetermined by the Housing Element (contained within the Policy Plan component of The Ontario Plan), pursuant to GC Section 65583. Within the ES Overlay District, Emergency Shelters, Supportive Housing, Transitional Housing, and Transitional Living Centers are permitted by right of being within the correct zoning district, and are subject to the land use standards contained within Section 5.03.400 (Temporary Shelters) of this Chapter and the development standards and guidelines contained within (Division 6.01 (District Standards and Guidelines) of this Development Code, as applicable to the underlying base zoning district.

5. MTC (Multimodal Transit Center) Overlay District. The MTC Overlay District is established to allow for the interim use of existing buildings located within the overly district boundary (established pursuant to Paragraph 5.01.010.F.4 (MTC (Multimodal Transit Center) Overlay District) of this Development Code), while at the same time preserving the City's vision for development of a multi-modal transit center and supporting mixed-use development. To this end, the below -listed land uses shall be permitted within existing buildings located within the MTC Overlay District:

a. General warehousing, storage, and distribution trades;

b. Wholesale trades;

c. Retail trades, limited to 15 percent of the building GFA or 8,000 SF, whichever is less;

d. Office administrative and business support services; and

724
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-3 (Rev. 12.03.202408.19.2025) e. Other uses approved by the Zoning Administrator that are similar in nature to those uses listed in Subparagraphs B.5.a through d, above, provided all activities are wholly contained within the building and do not have the potential to negatively impact properties in the vicinity, or are consistent with the Vision and Policy Plan components of The Ontario Plan.

E. Mobile Business Activities not addressed by Table 5.02 -1 (Land Use Matrix). Any mobile business activity that is not otherwise allowed pursuant to Table 5.02 -1 (Land Use Matrix) of this Division, or has been allowed by the Zoning Administrator following a request for a use determination pursuant to Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code, shall be expressly prohibited.

5.02.010: Allowed Land Uses, Activities and Facilities

A. Land Use Matrix (Table 5.02- 1) Symbols. Land and facilities thereon shall only be developed, divided and/or used for those activities listed in Table 5.02 -1 (Land Use Matrix) of this Division. The symbols shown in the Land Use Matrix shall have the following meanings:

1. "P" (permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district, and is subject to each Development Code provision applicable to the specified zoning district and the standards for specific uses, activities, and facilities contained in Division 5.03 (Supplemental Land Use Regulations) of this Development Code.

2. "C" (conditionally permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section

4.02.025 (Conditional Use Permits) of this Development Code, and is subject to each Development Code provision applicable to the specified zoning district and the standards for specific uses, activities, and facilities contained in Division 5.03 (Standards For Specific Uses, Activities and Facilities).

3. "A" (administratively permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code, and is subject to Development Code provisions applicable to the specified zoning district and the standards for specific uses, activities and facilities contained in Division 5.03 (Standards For Specific Uses, Activities and Facilities).

4. "---" (prohibited) shall mean the land use, activity, or facility within the specified zoning district is expressly prohibited and shall not be allowed within the specified zoning district unless changed by Development Code Amendment.

B. Consistency with the Policy Plan (General Plan) Component of The Ontario Plan. No land use, activity or facility shall be permitted that is inconsistent with the objectives, polices, general land uses and programs specified in Policy Plan (General Plan) component of The Ontario Plan. A land use is consistent with The Ontario Plan if considering all of its aspects, it is found to further the objectives and policies of The Ontario Plan.

C. Table 5.02-1 (Land Use Matrix) Organization. The land uses addressed in Table 5.02-1 (Land Use Matrix) are organized as follows:

725
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-4 Ontario Development Code NAICS Codes Land Uses, Activities and Facilities
Residential
Mixed Use
11 Commercial Agriculture
21 Mining, Quarrying, and Oil and Gas Extraction
22 Utilities
23 Construction
31-33 Manufacturing
42 Wholesale Trade
44-45 Retail Trade
48-49 Transportation and Warehousing
51 Information
52 Finance and Insurance
53 Real Estate, Rental and Leasing
54 Professional, Scientific and Technical Services
55 Management of Companies and Enterprises
56 Administrative and Support, and Waste Management and Remediation Services 61 Education Services
62 Health Care and Social Assistance
71 Arts, Entertainment and Recreation
72 Accommodation and Food Services
81 Other Services (except Public Administration)
92 Public Administration
Temporary and Interim Land Uses, Buildings and Structures

726
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-5 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.

RESIDENTIAL

Animal Keeping (as an accessory use)

Birds

• Fewer than 25 birds P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See residential animal keeping standards contained in Section 5.03.410 (Urban
Agriculture).

• 25 to 100 birds C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- • More than 100 birds --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Cattle & Buffalo P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Exotic Pets C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- Horses P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Household Pets (limited to any combination of dogs, cats, potbellied pigs, rabbits, chinchillas, and other small, domesticated animals that are maintained for non-breeding purposes only)

• 4 or fewer pets P P P P --- --- --- --- --- --- --- P P P P P P P P P P P --- --- --- --- --- P --- P --- --- --- --- --- See residential animal keeping standards contained in Section 5.03.410 (Urban
Agriculture).

• 5 to 8 pets --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- • More than 8 pets --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- Llamas, Alpacas, Burros, Donkeys, and Mules P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Ostriches, Emus, and Rheas P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Poultry and Fowl P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Rabbits and Chinchillas P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Swine P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Sheep, Goats, and Similar Livestock P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Caretaker Quarters (excludes Caretaker Quarters established in conjunction with Self-Storage Facilities (NAICS 493190)) --- --- --- --- --- C C C C --- C --- --- --- --- --- --- --- --- --- --- --- C --- C C C P --- --- --- --- --- --- ---

Community Gardens, Urban Farms, and Related Uses A A A A A A A A A A A **A A A A A A A A A A A A A A A A A A A --- A A --- A See community garden and urban farms standards contained in Section 5.03.410 (Urban
Agriculture).
** Use shall be prohibited on property located
along the Euclid Avenue Protection Corridor
(refer to Figure 5.01-2: MU-1 (Downtown
Mixed Use) Zoning District Land Use Map) for
locations.

Employee (Farmworker) Housing
Employee (Farmworker) Housing6 or Fewer Beds ---P ---P ---P ---P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---P --- --- --- --- --- --- --- See Section 5.03.177 (Employee (Farmworker) Housing).
7 – 36 Beds --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- Home Occupations A A A A --- --- --- --- --- --- --- A A A A A A A A A A A --- --- --- --- --- A --- A --- --- --- --- --- See Section 5.03.240 (Home Occupations).

Mobilehome Parks --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- See Section 5.03.295 (Mobilehome Parks). 727
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-6 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
Residential Development Projects
Accessory Residential Structures (structures that are incidental to a primary single-family dwelling)

Accessory Dwelling Units P P P P --- --- --- --- --- --- --- P P P P P P P P P --- P --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.010 (Accessory Dwelling Units).

Accessory Residential Structures (includes guesthouses, pool houses, freestanding recreation rooms, garages, carports, garden and tool sheds, and other ancillary buildings and structures determined appropriate by the Planning Director)
P P P P --- --- --- --- --- --- --- P P --- P --- P P P P P P --- --- --- --- --- P --- P --- --- --- --- --- See Subsection B (Accessory Residential Structures) of Section 5.03.011.

Multiple-Family Dwellings --- --- P P --- --- --- --- --- --- --- P P --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Table 6.01-3 (Multiple-Family Residential Development Standards).

Single-Family Dwellings
• Traditional Single-Family Residential Subdivisions P P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-1 (Traditional Single-Family
Development Standards).
• Small Lot Traditional Single-Family Residential Subdivisions --- P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2A (Small Lot Traditional
Residential Development Standards).
• Small Lot Alley-Loaded Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2B (Small Lot Alley-Loaded
Residential Development Standards).
• Cluster Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2C (Cluster Single-Family
Residential Development Standards).

Small Lot Infill Subdivisions --- --- P P --- --- --- --- --- --- --- P P --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 6.01.010.F (Small Lot Infill Subdivisions).

Senior Citizen Housing Developments --- --- P P --- C C --- --- --- --- P --- --- P P --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.360 (Senior Citizen Housing Developments).

Single Room Occupancy (SRO) Facilities --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.370 (Single Room Occupancy (SRO) Facilities).

Supportive Housing P P P ---P --- ---C C --- --- --- --- C ---C ---C C ---C ---C ---C ---C ---C ---C ---C --- --- P C --- --- C ---C --- --- --- --- --- See Section 5.03.405 (Transitional Shelters and Supportive Housing).

MIXED USES
Nonresidential Mixed-Use Developments (development projects containing a mix of commercial and light industrial uses in the same building or on the same site)
--- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Use Developments).

Residential Mixed-Use Developments (development projects containing a mix of commercial and residential uses in the same building or on the same site)
--- --- --- --- --- C C --- --- --- --- P P P P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Use Developments).

Work/Live Units --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.425 (Work/Live Units). 728
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-7 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

111 Commercial Crop Production and Farming (except community gardens, urban farms, and marijuana cultivation)
C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- P P P P P See Section 5.03.410 (Urban Agriculture). ** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Community Gardens A A A A A A A A A A A **A A A A A A A A A A A A A A --- --- A A A --- A A A A • Urban Farms A A A A A A A A A A A **A A A A A A A A A A A A A A A A A A --- --- A A A A • Marijuana Cultivation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See OMC Title 6, Chapter 18 for Marijuana Cultivation for Personal Use.
112 Commercial Animal Production and Aquaculture

1121 Cattle Ranching and Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture). 1122 Hog and Pig Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1123 Poultry and Egg Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1124 Sheep and Goat Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 1125 Aquaculture (includes the cultivation of freshwater and saltwater fish, crustaceans, mollusks, aquatic plants, algae, and other organisms) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 1129 Other Animal Production

112910 Apiculture (beekeeping and production) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- CP --- --- P --- --- --- P See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture). 112920 Horses and Other Equine Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 112930 Fur-Bearing Animal Production (limited to rabbits, chinchillas, and other similar small, fur-bearing animals)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 112990 All Other Animal Production, limited to the following:

• Kennels and Catteries (includes animals owned by the owner or occupant of the property, and those kept and/or boarded for remuneration)

[1] Fewer than 8 animals P --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- P --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture) and OMC Section 6-1.224 through
Section 6-1.228 regarding commercial kennel
licensing.

[2] 8 or more animals --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- C --- --- --- --- --- --- --- • Alpaca and Llama Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Commercial Animal Production Standards contained in Section 5.03.410 (Urban
Agriculture). • Aviaries --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- • Ostrich, Emu, and Rhea Farming --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- 115 Support Activities for Agriculture

115111
115112
115113
115114
115115
115116
Support Activities for Crop Production (includes cotton ginning; soil preparation, planting and cultivating; crop harvesting; postharvest crop activities; farm labor contractors and crew leaders; and farm management services)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 729
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-8 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

211 Oil and Gas Extraction --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 212 Mining (except oil and gas) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 213 Support Activities for Mining --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 22 UTILITIES

221 Utilities

2211 Electric Power Generation, Transmission and Distribution

221111 Hydroelectric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221112 Fossil Fuel Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- C --- --- --- --- 221113 Nuclear Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 221114,
221115
Solar and Wind Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- P --- --- --- --- --- C See Section 5.03.160 (Electric Power Generation, Solar and Wind).
221116,
221117,
221118
Geothermal, Biomass, and All Other Electric Power Generation (excepting solar and wind electric power generation)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221121
221122
Electric Power Transmission, Control and Distribution (includes power transmission and control, and power distribution)

C C C C C C C C C C C C C C C C C C C C C C C C C C C --- C C P C C C C 23 CONSTRUCTION

236,
237,
238
Contractors (limited to businesses whose primary activity is performing specific activities involved in building construction, engineering and capital improvement projects, or the preparation of sites for construction)

• Completely within a Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- • With Outdoor Storage (screened from public view) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading
Doors).
31-33 MANUFACTURING

*** Boutique/Artisan Small-Scale and Micro Manufacturing Facilities (includes all types of small-scale businesses that produce tangible goods, such as but not limited to: textiles, hardware and hardware prototyping, woodworking, metal working, 3D printing, consumer product design and prototyping, nonalcoholic beverage production, local food production and packaging, soaps, perfumes and lotions.

Businesses may provide products directly to the consumer and/or to other businesses)
--- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- *** NAICS number shall be established based upon the primary manufacturing land use
type.

See Section 5.03.037 (Artisan Small-Scale and
Micro Manufacturing Facilities).
311 Food Manufacturing

3111 Animal Food Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3112 Grain and Oilseed Milling --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 730
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-9 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

312111
312112
312113
Beverage Manufacturing (including soft drink, bottled water and ice manufacturing; however, excludes alcoholic beverage manufacturing) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 312120
312130
312140
Alcoholic Beverage Manufacturing (including breweries, wineries and distilleries, and related tasting rooms)

• GFA less than 10,000 SF --- --- --- --- --- --- C C C --- --- A A A A --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.023 (Alcoholic Beverage Manufacturing).
• GFA 10,000 or More SF --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- 3122 Tobacco Products Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- 313 Textile Mills (transforms basic fiber into fabric) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 314 Textile Product Mills (transforms fabric into product, except apparel) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 315 Apparel Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.035 (Apparel Manufacturing). 316 Leather and Allied Product Manufacturing

3161 Leather and Hide Tanning and Finishing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 3162 Footwear Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.195 (Footwear Manufacturing). 3169 Other Leather and Allied Product Manufacturing (limited to manufacturing of luggage, handbags, purses, personal leather goods and other leather products)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.255 (Leather and Allied Product Manufacturing, Other).
321 Wood Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 322 Paper Manufacturing

3221 Pulp, Paper, and Paperboard Mills --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3222 Converted Paper Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- --- --- --- --- --- 323 Printing and Related Support Activities --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 324 Petroleum and Coal Products Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 731
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-10 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

3251 Basic Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3252 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- 3253 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

325311 Fertilizer Manufacturing with on-site composting --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Section 5.03.187 (Fertilizer Manufacturing from Manure Operations (FMMO)); and
Section 5.03.415 (Waste Treatment and
Disposal—Composting and Anaerobic Digestion
Facilities).
325314 Fertilizer Manufacturing without on-site composting (limited to mixing of purchased materials)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- 325320 Pesticide and Other Agricultural Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 3254 Pharmaceutical and Medicine Manufacturing (excludes biological product manufacturing—see NAICS 325414, below)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C P --- --- --- P --- --- --- --- See Section 5.03.325 (Pharmaceutical and Medicine Manufacturing).
325414 Biological Product (except diagnostic) manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3255 Paint, Coating, and Adhesive Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3256 Soap, Cleaning Compound, and Toilet Preparation Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 5.03.375 (Soap, Cleaning Compound, and Toilet Preparation
Manufacturing).
3259 Other Chemical Product and Preparation Manufacturing 325910 Printing Ink Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 325920 Explosives Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 325991 Custom Compounding of Purchased Resins --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 325992 Photographic Film, Paper, Plate, and Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing (such as: activated carbon and charcoal, antifreeze preparations, electronic cigarette vapor refills, industrial salt, lighter fluids (e.g., charcoal, cigarette), matches and matchbooks, pyrotechnics (e.g., flares, flashlight bombs, signals), sugar substitutes (i.e., synthetic sweeteners blended with other ingredients) made from purchased synthetic sweeteners, swimming pool chemical preparations, and writing inks)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 326 Plastics and Rubber Products Manufacturing

3261 Plastics Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- See Section 5.03.335 (Plastics Product Manufacturing).
3262 Rubber Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 327 Nonmetallic Mineral Product Manufacturing (except glass and glass product manufacturing)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 732
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-11 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
327211
327212
327213
327215
Glass and Glass Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 331 Primary Metal Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 332 Fabricated Metal Product Manufacturing

3321 Forging and Stamping --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- P --- --- --- --- 3322 Cutlery and Hand Tool Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- P --- --- --- --- See Section 5.03.135 (Cutlery and Hand Tool Manufacturing).
3323 Architectural and Structural Metals Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- --- 3324 Boiler, Tank and Shipping Container Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 3325 Hardware Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- P --- --- --- --- See Section 5.03.235 (Hardware Manufacturing).
3326 Spring and Wire Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- --- --- --- --- --- See Section 5.03.385 (Spring and Wire Product Manufacturing).
3327 Machine Shops, Turned Product, and Screw, Nut and Bolt Manufacturing
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- P --- --- --- --- See Section 5.03.260 (Machine Shops, Turned Product, and Screw, Nut and Bolt
Manufacturing).
3328 Coating (e.g., anodizing, electroplating, etc.), Engraving, Heat Treating, and Allied Activities (except painting, powder coating, and polishing metal and metal products for the trade)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 332812 Painting, Powder Coating and Polishing Metal and Metal Products for the Trade
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- --- 3329 Other Fabricated Metal Product Manufacturing

332911
332912
329913
332919
Metal Valve Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 332991 Ball and Roller Bearing Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- P --- --- --- --- 332992 Small Arms Ammunition Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 332993 Ammunition (except Small Arms) Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing, limited to the following:

• Small Arms Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- • Other Ordnance and Accessories Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 332996 Fabricated Pipe and Pipe Fitting Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 733
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-12 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
332999 All Other Miscellaneous Fabricated Metal Product Manufacturing (such as: foil containers (except bags), industrial patterns, metal hair curlers, metal ironing boards, metal pallets, metal pipe hangers and supports, metal safes, metal vaults (except burial), permanent metallic magnets, portable metal ladders, sanitary ware (e.g., bathtubs, lavatories, sinks), metal and enameled metal, and steel wool) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 5.03.185 (Fabricated Metal Product Manufacturing, All Other Miscellaneous).
333 Machinery Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- --- 334 Computer and Electronic Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- See Section 5.03.115 (Computer and Electronic Product Manufacturing).
335 Electrical Equipment, Appliance, and Component Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- See Section 5.03.165 (Electrical Equipment, Appliance, and Component Manufacturing).
336 Transportation Equipment Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 337 Furniture and Related Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.215 (Furniture and Related Product Manufacturing).
339 Miscellaneous Manufacturing

3391,
3399
Medical Equipment and Supplies; Jewelry and Silverware; Sporting and Athletic Goods; Dolls, Toys and Games; Office Supplies; Signs; and All Other Miscellaneous Manufacturing
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.265 (Manufacturing, Miscellaneous).
42 WHOLESALE TRADE

423 Merchant Wholesalers, Durable Goods

4231 Motor Vehicles and Motor Vehicle Parts and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- P --- --- --- --- 4232 Furniture and Home Furnishings --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 4233 Lumber and Other Construction Materials --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 4234 Professional and Commercial Equipment and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- 4235 Metals and Minerals (except Petroleum) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 4236 Household Appliances, and Electrical and Electronic Goods --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 4237 Hardware and Plumbing, and Heating Equipment and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 4238 Machinery, Equipment and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 4239 Miscellaneous Durable Goods --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 423910 Sporting and Recreational Goods and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 423920 Toy and Hobby Goods and Supplies --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 423930 Recyclable Materials (includes wholesale activity only; refer to NAICS 562920 (Material Recovery Facilities) for recovery/processing (recycling) activities)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C P --- --- --- --- --- --- --- --- 423940 Jewelry, Watches, Precious Stones, and Precious Metals --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 734
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-13 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
423990 Other Miscellaneous Durable Goods, excepting ordnance and accessories (includes uses such as: firearms (except sporting), musical instruments, prerecorded audio and video tapes and discs, phonograph records, prerecorded compact discs (CDs) and digital video discs (DVDs), and timber and timber products (except lumber)) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 424 Merchant Wholesalers, Nondurable Goods (excludes industrial gases, petroleum bulk stations and terminals, and fireworks and explosives merchant wholesalers)

4241 Paper and Paper Product Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4242 Drugs and Druggists' Sundries Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4243 Apparel, Piece Goods, and Notions Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4244 Grocery and Related Product Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4245 Farm Product Raw Materials Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4246 Chemical and Allied Product Merchant Wholesalers, except as listed below:
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 424690 Explosives and Fireworks --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 424690 Industrial Gases and Liquefied Gases (except petroleum gas) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 424690 Welding Gases --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 4247 Petroleum and Petroleum Products Merchant Wholesalers, as listed below:

424710 Petroleum Bulk Stations and Terminals --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 424720 Petroleum and Petroleum Products (except bulk stations and terminals) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 4248 Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 4249 Miscellaneous Nondurable Goods Merchant Wholesalers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 425 Wholesale Trade Agents and Brokers

425120 Automobile auctions (wholesale auctions only) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 425120 Business to Business Electronic Markets (via internet or other electronic means)
--- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.090 (Business to Business Electronic Markets).
425120 Durable and Nondurable Goods Agents and Brokers (office only) --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.155 (Durable and Nondurable Goods Agents and Brokers).
425120 Group Purchasing Organizations (acting as agents for goods distribution)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 425120 Petroleum Brokers (office only) --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- 735
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-14 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

441 Motor Vehicle and Parts Dealers

4411 Automobile Dealers, limited to new and used automobiles, and light trucks and vans (includes vehicle sales, and ancillary motor vehicle repair and maintenance activities)

441110 New Vehicles --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.040 (Automobile Dealers - New Vehicle Sales and Leasing, and Automobile
Rental) and Section 5.03.305 (Motor Vehicle
Dealers).
441120 Used Vehicles --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.305 (Motor Vehicle Dealers). 4412 Other Motor Vehicle Dealers

441210 Recreational Vehicles --- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.305 (Motor Vehicle Dealers). 441222 Boats --- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- 441227 Motorcycles, Personal Watercraft, All Terrain Vehicles, and Other Similar Vehicles
--- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- 4413 Automotive Parts, Accessories and Tire Stores

441330 Automotive Parts and Accessories (excludes automotive repair) --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- 441340 Tire Stores --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- 444 Building Materials, Garden Equipment and Supplies Stores --- --- --- --- --- --- P P --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 445 Food and Beverage Stores

4451 Grocery and Convenience Stores

445110 Supermarkets and Other Grocery Stores, Delicatessens (primarily retailing a range of grocery items and meats), Commissaries and Food Stores
--- --- --- --- --- P P P --- --- --- P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 445131 Convenience Stores (limited to 10,000 SF maximum) --- --- --- --- P P P P P --- P P P P P --- P P P P P P P --- --- --- --- --- --- --- P --- --- --- --- 445132 Vending Machine Operators (retailing of merchandise through vending machines, as an ancillary business activity, within a fully enclosed building)
--- --- --- --- P P P P P P P P --- --- P --- --- P P P P P P P P P P --- P --- P --- --- --- --- 4452 Specialty Food Stores

445230
445240
445250
445291
445292
445298
Confectionary and Baked Goods, Confectionary and Nut Stores, Dairy Products, Ice Cream, Meat, Seafood, Produce (except farmers markets and certified farmers' markets), Soft Drink, Tea and Coffee, Water Stores, and All Other Specialty Foods
--- --- --- --- P P P P P --- P P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.125 (Convenience Markets and Specialty Food Stores).
445230 Farmers Markets and Certified Farmers Markets --- --- --- --- C C C C --- --- --- C C C --- C C --- C --- --- C --- --- --- --- --- C C --- --- --- C --- --- 736
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-15 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
4453 Alcoholic Beverage Sales for Consumption Off-Premises 445320 Alcoholic Beverage Sales for Consumption Off-Premises (except beer, wine, and liquor stores, see below)
--- --- --- --- C C C C C --- C CA CA CA CA CA C C C C C C C --- --- --- --- --- --- --- C --- --- --- --- See Section 5.03.025 (Alcoholic Beverage Sales). 445320 Beer, Wine, and Liquor Stores --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- C C C C --- --- --- --- --- --- --- --- P --- --- --- --- 449 Furniture, Home Furnishings, Electronics, and Appliance Retailers 4491 Furniture and Home Furnishings Stores --- --- --- --- --- P P P --- --- --- P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.210 (Furniture and Home Furnishings Stores).
4492 Electronics and Appliance Stores --- --- --- --- --- P P P --- --- --- P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.175 (Electronics and Appliance Stores).
455 General Merchandise Stores
4551 Department Stores --- --- --- --- --- --- P P --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 4552 Warehouse Clubs, Supercenters, and Other General Merchandise Stores

455211 Warehouse Clubs and Supercenters --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- P --- P --- --- --- --- --- --- --- --- --- --- --- --- --- 455219 All Other General Merchandise Stores (includes dollar stores, general merchandise catalog showrooms (except catalog mail order), general stores, general merchandise trading posts, home and automobile supply stores, and variety stores)
--- --- --- --- --- P P P --- --- --- P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- P --- --- --- --- 456 Health and Personal Care Stores

456110 Pharmacies and Drug Stores --- --- --- --- P P P P --- P P P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- P --- --- --- --- See Section 5.03.330 (Pharmacies and Drug Stores).

See Section 5.03.150 (Drive-Thru Facilities) for the
inclusion of drive-thru facilities.

Marijuana Dispensaries --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.280 (Marijuana Dispensary). 456120 Cosmetics, Beauty Supplies, and Perfume Stores --- --- --- --- P P P P --- --- --- P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- P --- --- --- --- 456130 Optical Goods Stores --- --- --- --- P P P P --- --- P P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- P --- --- --- --- 456191 Food (Health) Supplement Stores --- --- --- --- --- P P P --- --- --- P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 456199 All Other Health and Personal Care Stores (such as: hearing aids, medical equipment and supplies, personal mobility scooters, and prosthetics)
--- --- --- --- --- P P P --- --- P P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 457 Gasoline Stations and Fuel Dealers

457110 Gasoline Stations with Convenience Stores --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- P P P P P P P P P --- --- --- --- --- --- --- --- 457120 Other Gasoline Stations, including Truck Stops --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 457190 Self-Serve and Full Service Gasoline Stations --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- P P P P P P P P P --- --- --- P --- --- --- --- See Section 5.03.225 (Gasoline and Fueling Stations).
457190 Automated Fueling Stations ("card lock" facilities) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- P --- --- --- --- See Section 5.03.225 (Gasoline and Fueling Stations).
737
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-16 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
457210 Fuel Dealers (limited to the direct selling of alternative fuels, bottled gas, firewood, fuel oil, jet fuel bulk stations, and liquefied petroleum gas (LPG))
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- P --- --- --- --- 458 Clothing, Clothing Accessories, Shoes, and Jewelry Stores --- --- --- --- C P P P --- --- --- P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 459 Sporting Goods, Hobby, Book, and Musical Instrument Stores (such as:
sporting goods stores; hobby, toy, and game stores; sewing, needlework and piece goods (fabric and upholstery materials) stores; musical instrument and supplies stores; bookstores; and newsstands) --- --- --- --- --- P P P --- --- --- P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 4591 Sporting Goods, Hobby, and Musical Instrument Stores --- --- --- --- --- P P P --- --- --- P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 4592 Book Stores and News Dealers --- --- --- --- --- P P P --- --- --- P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 4593 Florists --- --- --- --- P P P P P --- P P P P P --- P P P P P P --- --- --- --- --- --- --- --- P --- --- --- --- 4594 Office Supplies, Stationery, and Gift Stores --- --- --- --- C P P P P --- P P P --- P --- P P P P P P --- --- --- --- --- --- --- --- P --- --- --- --- 4595 Used Merchandise Stores (except motor vehicles), limited to the following:

459510 Antique, Vintage and Collectibles Shops --- --- --- --- --- P P P --- --- P P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 459510 Consignment Shops --- --- --- --- --- P P P --- --- --- P P P P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 459510 Flea Markets and Swap Meets (indoor only) --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 459510 Precious Metals, Gemstones, Jewelry, and Similar Merchandise (includes purchase of previously owned merchandise, such as " cash for gold" stores)
--- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- 459510 Personal Property Donation Bins --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.320 (Personal Property Donation Bins).
459510 Thrift and Secondhand Stores, and Used Goods Stores --- --- --- --- --- --- P --- --- --- --- P P P P --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.400 (Thrift and Secondhand Stores, and Used Goods Stores).
4599 Other Miscellaneous Stores

459910 Pet and Pet Supplies Stores --- --- --- --- --- P P P --- --- --- P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 459920 Art Dealers --- --- --- --- --- P P P --- --- P P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 459930 Manufactured (Mobile) Home Dealers, limited to the following:

• Without Display of Homes --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- • With Indoor Display of Homes (no outdoor display of homes permitted)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 459991 Smoking/Vaping Retailers (includes cigar stores, cigarette stands, electronic cigarette stores, hookah supplies stores, smoking / vaping supplies stores, tobacco stores, and other similar facilities — In-store smoking and/or vaping shall be prohibited)
--- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.245 (Hookah Establishments, Smoking / Vaping Lounges, and Smoking /
Vaping Retailers).
459999 All Other Miscellaneous Store Retailers, limited to the following:

• Art Supplies, Candles, Closet Organizers, Collectibles, Flowers, Home Security Equipment, Hot Tubs, Janitorial Supplies, Police Supplies, Religious Goods, Swimming Pool Supplies and Trophy Shops --- --- --- --- --- P P P --- --- --- P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 738
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-17 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

• Auction Houses --- --- --- --- --- --- --- C --- --- --- **C --- --- C --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Industrial Retail Sales (limited to the ancillary retail sales of goods and/or product either manufactured, warehoused, or wholesaled on-site)

[1] < 15% of Building GFA Area or 8,000 SF, whichever is less --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- [2] > 8,000 SF or 15% of Building GFA --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- C C C C C --- --- --- P --- --- --- --- 48-49 TRANSPORTATION AND WAREHOUSING

481 Air Transportation, limited to the following:

481111
481112
Scheduled Passenger Air Transportation and Scheduled Freight Air Transportation (Airport Facilities)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- See Section 5.03.020 (Air Transportation). 481211
481212
Nonscheduled Chartered Passenger Air Transportation and Nonscheduled Chartered Freight Air Transportation
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- 481219 Other Nonscheduled Air Transportation (such as: aircraft charter services, aviation clubs, and privately-owned aircraft) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- 481219 Helipad/Heliport --- --- --- --- --- --- --- P C --- C --- --- --- --- --- C --- --- --- --- --- --- --- --- P P --- P --- P --- --- --- --- 482 Rail Transportation

482111
482112
Line-Haul, Short-Line and Beltline Railroads --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- P --- 484 Truck Transportation (includes general and specialized freight trucking) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 485 Transit and Ground Passenger Transportation

4851 Urban Transit Systems (includes public mixed-mode, commuter rail and bus transit passenger terminals and stations)
--- --- --- --- --- --- C C C C C C C C C C C C C C C C C C C C C C C C P C C C C 4853 Taxi and Limousine Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 4855 Charter Bus Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 4859 Other Transit and Ground Passenger Transportation
485991 Special Needs Transportation (such as: handicapped passenger transportation, paratransit transportation, pet transportation, senior citizen transportation, and special needs passenger transportation) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 485999 Other Transit and Ground Passenger Transportation (such as: airport limousine and shuttle services, and carpool and vanpool operations) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- P --- --- --- --- 488 Support Activities for Transportation

4881 Support Activities for Air Transportation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- 4882 Support Activities for Rail Transportation (includes servicing and maintenance facilities)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- C --- 739
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-18 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
488210 Railroad Passenger Terminals (line-haul, short-line and belt-line railroads)
--- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- C C C --- P --- P --- --- P --- 488210 Railroad Equipment Maintenance Yards --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- C --- 4884 Support Activities for Road Transportation

488410 Towing Services (see Motor Vehicle Storage (NAICS 493190) for vehicle storage requirements)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- 488490 Bus Passenger Terminals (independent) --- --- --- --- --- --- C C C --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- 4885 Freight Transportation Arrangement (limited to shipping agents and brokers)
--- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.200 (Freight Transportation Arrangement).
491 Postal Service (limited to US Postal Service and contract services. See "Private Mail Centers and Postal Services and Supplies" (NAICS 561431) for commercial mail services)
--- --- --- --- P P P P P P P **P P P P P P P P P P P P P P P P --- P --- P --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
492 Couriers and Messengers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- P --- --- --- --- 493 Warehousing and Storage

493110 General Warehousing and Storage, limited to the following:

• Within a Wholly Enclosed Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- • Outside Materials and Equipment Storage

[1] In conjunction with an allowed use --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- P --- --- --- --- [2] As a primary use of property --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C p --- --- --- P --- --- --- --- 493120 Refrigerated Warehousing and Storage --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- P --- --- --- --- 493190 Other Warehousing and Storage, limited to the following:

• Bulk Petroleum Storage (tank farm) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- • Lumber Storage --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- • Motor Vehicle Storage

[1] Indoor Vehicle Storage --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- See Section 5.03.310 (Motor Vehicle Storage Facilities).
[2] Outdoor Vehicle Storage --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C --- --- --- P --- --- --- C 51 INFORMATION

512 Motion Picture and Sound Recording Industries

5121 Motion Picture and Video Industries
512110
512120
Motion Picture and Video Production and Distribution --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- P --- --- --- 740
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-19 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
512131 Motion Picture and Video Exhibition (movie theaters, except drive-in theaters)
--- --- --- --- --- --- C P P P --- **P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
512191 Teleproduction and Other Postproduction Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- P P --- P P P P P P --- --- --- --- --- --- --- --- 512199 Other Motion Picture and Video Industries (such as: booking agencies, film libraries, film laboratories and film restoration) --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- 5122 Sound (Audio) Recording Facilities --- --- --- --- --- --- P P --- *P *P **P P P P --- *P P *P *P P *P P P P P *P --- --- --- --- --- --- --- --- See Section 5.03.380 (Sound (Audio) Recording Facilities).
* Only allowed incidental to a permitted or
conditionally permitted land use.
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
513 Publishing Industries (except Internet—see Other Information Services) 5131 Newspaper, Periodical, Book, and Directory Publishers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- P P --- --- --- --- --- --- --- --- 5132 Software Publishers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- 516 Broadcasting (except Internet—see Other Information Services)

516110
516120
Radio Broadcast Studios/Stations --- --- --- --- --- C P P --- --- P **P P P P --- P --- C P C P P P P P --- --- --- --- P --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
516120 Television Broadcast Studios/Stations --- --- --- --- --- C P P --- --- P **P P P P --- P --- P P C P P P P P --- --- --- --- P --- --- --- --- 517 Telecommunications Facilities

517111 Wired telecommunications Facilities C C C C C P P P P P P **P P P P P P P P P P P P P P P P C P P --- P P P P See Section 5.03.420 (Wireless Telecommunications Facilities).
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
517112 Wireless Telecommunications Facilities P P P P P P P P P P P **P P P P P P P P P P P P P P P P C P P P P P P P 5174 Satellite Telecommunications Facilities --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C --- --- --- P --- --- --- --- 5178 All Other Telecommunications (includes telecommunications resellers, radar station operations, and satellite telemetry operations and tracking stations)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C --- --- --- --- --- --- --- --- 518 Data Processing, Hosting and Related Services --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- See Section 5.03.140 (Data Processing, Hosting and Related Services).
519 Libraries and Archives

519210 Libraries and Archives C C C C C P P P P P P **P P P P P P P P P P P C --- --- --- --- --- P --- --- --- --- --- --- 741
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-20 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

522 Credit Intermediation and Related Activities

5221 Depository Credit Intermediation (limited to commercial banking, savings institutions, and credit unions)
--- --- --- --- --- P P P P P P **P P P P P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.145 (Depository Credit Intermediation).

See Section 5.03.150 (Drive-Thru Facilities) for the
inclusion of drive-thru facilities.
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
5222 Nondepository Credit Intermediation (such as: credit card issuing, sales financing, consumer and real estate lending, and secondary market financing, excluding pawn shops and pawn brokers) --- --- --- --- --- --- P P --- P P --- --- --- P P P P P P --- P P --- --- --- --- --- --- --- --- --- --- --- --- 522299 Pawnshops and Pawnbrokers --- --- --- --- --- --- C C --- --- --- **C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
5223 Activities Related to Credit Intermediation

522310 Mortgage and Nonmortgage Loan Brokers --- --- --- --- --- P P P P P P **P P P P --- P P P P --- P P --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
522320 Financial Transactions Processing and Clearinghouse Activities --- --- --- --- --- --- P P --- --- P **P P P P --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- 522390 Other Activities Related to Credit Intermediation (limited to check cashing, money order issuance, money transmission and payday advance services)
--- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.130 (Credit Intermediation- Related Activities).
523,
524,
525
Securities, Commodity Contracts, and Other Financial Investments; Insurance Carriers; and Related Activities, Funds, Trusts, and Other Financial Vehicles
--- --- --- --- --- P P P --- P P **P P P P --- P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
53 REAL ESTATE RENTAL AND LEASING

531 Real Estate
5311 Real Estate Rental or Leasing, except banquet halls --- --- --- --- C P P P P P P **P P --- P --- P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
531120 Banquet Halls (standalone facilities) --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.067(Banquet Facilities - Historic Properties) for administratively permitted
banquet facility uses located on historically
designated properties.
531130 Self-Storage Facilities --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- See Section 5.03.355 (Self-Storage Facilities). 742
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-21 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
5313 Activities Related to Real Estate (such as: escrow services, fiduciaries, listing services, property managers, and appraisers) --- --- --- --- P P P P --- P P **P --- --- P --- P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- 532 Rental and Leasing Services

5321 Automotive Equipment Rental and Leasing

53211 Passenger Car Rental and Leasing --- --- --- --- --- --- C/P C/P C/P --- --- --- --- --- --- --- --- C --- C C C C C --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.040 (Automobile Dealers—New Vehicle Sales and Leasing, and Automobile
Rental).
53212 Truck, Utility Trailer, and Recreational Vehicle Rental and Leasing --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C P P --- --- --- P --- --- --- --- 5322 Consumer Goods Rental (limited to rental of consumer electronics and appliances, costumes, formal wear, furniture rental, home health equipment, musical instrument rental, party and banquet accessories, recreational goods, and video tapes and discs)
--- --- --- --- --- --- P P --- --- --- **P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.120 (Consumer Goods Rental). ** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
5323 General Rental Centers (limited to home and garden tool and equipment rental)
--- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- P --- P P P P P --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.230 (General Rental Centers). 5324 Commercial and Industrial Machinery and Equipment Rental and Leasing
--- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C P --- --- --- --- --- --- --- --- 54 PROFESSIONAL, SCIENTIFIC, AND TECHNICAL SERVICES

541 Professional, Scientific, and Technical Services, except Scientific Research and Development Services, and Veterinary and Animal Hospital Services (such as legal, accounting, tax preparation, bookkeeping, payroll, architecture, engineering, and specialized design services; systems design; management, scientific, and technical consulting services; and advertising and public relations services) --- --- --- --- --- --- P P P P P **P --- --- P --- --- P --- P P P P P --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
5417 Scientific Research and Development Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- 5419 Other Professional, Scientific, and Technical Services (except veterinary and animal hospital services)
--- --- --- --- --- P P --- P --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- P --- --- --- --- 541940 Veterinary and Animal Hospital Services --- --- --- --- --- P P --- --- --- --- --- --- --- P --- --- P P P P P P P --- --- --- C --- --- --- --- --- --- --- 55 MANAGEMENT OF COMPANIES AND ENTERPRISES

551 Management of Companies and Enterprises (limited to offices of holding companies, and corporate, subsidiary, and regional managing offices)
--- --- --- --- --- P P P P P P **P --- --- P --- P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
743
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-22 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

REMEDIATION SERVICES

561 Administrative and Support Services

5611,
5612
Office Administrative Services and Facilities Support Services (limited to services provided for others on a contract or fee basis) --- --- --- --- --- P P P P P P **P --- --- P --- P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
5613 Employment Services (limited to employment placement, executive search, and temporary employment services)
--- --- --- --- --- P P P P P P **P --- --- P --- P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- 5614 Business Support Services

561410 Document Preparation Services --- --- --- --- --- P P P P P P **P --- --- P --- P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
561421
561422
Telephone Answering Services and Call Centers --- --- --- --- --- --- P P --- --- P --- --- --- --- --- P --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- 561431 Private Mail Centers, and Postal Services and Supplies --- --- --- --- P P P P P P P **P --- --- P --- P P P P P P P P --- --- --- --- --- --- P --- --- --- --- 561439 Other Business Service Centers (limited to mailbox rental, photocopying, duplicating, blueprinting, mailing services, document copying services, facsimile services, word processing services, on-site PC rental services, and office product sales)
--- --- --- --- P P P P P --- P **P --- --- P --- P P P P P P P --- --- --- --- --- --- --- P --- --- --- --- 561440 Collection Agencies --- --- --- --- --- --- P P --- P P **P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 561450 Credit Bureaus --- --- --- --- --- --- P P --- --- P --- --- --- --- --- P P P P P P C --- --- --- --- --- --- --- --- --- --- --- --- 561491
561492
561499
Other Business Support Services (including repossession services, court reporting and stenotype services and all other business support services) --- --- --- --- --- --- P P --- P P **P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations. 5615 Travel Arrangement and Reservation Services --- --- --- --- --- P P P P P P **P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- P --- --- --- --- 5616 Investigation and Security Services --- --- --- --- --- --- P P --- --- P **P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 5617 Services to Buildings and Dwellings (limited to exterminating and pest control, janitorial, landscaping, carpet and upholstery cleaning, building exterior and chimney cleaning, power washing, gutter cleaning, light building maintenance, parking lot cleaning and swimming pool maintenance services)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.180 (Exterminating Services). 5619 Other Support Services (limited to packaging and labeling services, convention and trade show organizers, and document shredding services)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- 562 Waste Management and Remediation Services

5621 Waste Collection

562111 Solid Waste Collection, limited to the following

• Waste, Refuse and Garbage Collection Services (service yards) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P GC --- --- --- --- --- --- --- • Waste Transfer Facilities --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 744
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-23 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

• Recycling Facilities (implements the California Beverage Container Recycling and Litter Reduction Act (PRC Section 14500 et seq.))

[1] Reverse Vending Machines --- --- --- --- --- A A A --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.340 (Recycling Facilities). [2] Small Collection Facilities (a facility 500 SF or less in area, including Mobile Recycling Units, Bulk Reverse Vending Machines, Kiosk Type Units, and Unattended Containers)
--- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- ---

[3] Large Collection Facilities (a facility greater than 500 SF in area)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- P P --- --- --- --- --- --- --- ---

[4] Processing Facilities --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- • Salvage Facilities (such as automobile dismantling and metal salvage/recycling. See NAICS 562920, Material Recovery Facilities, for the recovery/processing (recycling) of waste materials)

[1] Within a Wholly Enclosed Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- See Section 5.03.350 (Salvage Facilities). [2] With Outdoor Storage and/or Processing Activities --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 562112 Hazardous Waste Collection, limited to the following:

• Hazardous Waste Collection and Storage Facilities (except household hazardous waste collection facilities)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- ---

• Hazardous Waste Collection Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- • Household Hazardous Waste Collection Facility --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 562119 Other Waste Collection Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 5622 Waste Treatment and Disposal

562211 Hazardous Waste Treatment and Disposal --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 562212 Solid Waste Landfill --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 562213 Solid Waste Combustors and Incinerators --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 562219 Other Nonhazardous Waste Treatment and Disposal (limited to composting facilities and anaerobic digestion; excludes fertilizer manufacturing—see NAICS 325314)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- See Section 5.03.415 (Waste Treatment and Disposal—Composting and Anaerobic Digestion
Facilities).
5629 Remediation and Other Waste Management Services

562910 Remediation Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- 562920 Material Recovery Facilities (MRF) (consists of the removal of recyclable materials from a waste stream)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- See Section 5.03.275 (Material Recovery Facilities).
562920 • Electronic Equipment Recycling --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 5.03.275 (Material Recovery Facilities).
745
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-24 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
562920 • Salvage Facilities (includes facilities for the recovery/processing (recycling) of waste materials. See NAICS 562111 for automobile dismantling and metal salvage/recycling facilities. See NAICS 327999 for concrete and asphalt crushing or grinding)

562920 [1] Within a Wholly Enclosed Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- See Sections 5.03.275 (Material Recovery Facilities) and 5.03.350 (Salvage Facilities).
562920 [2] With Outdoor Storage and/or Processing Activities --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 562920 • Tires and Scrap Rubber Recycling --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- See Section 5.03.275 (Material Recovery Facilities).
562991 Septic Tank and Related Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 562998 All Other Miscellaneous Waste Management Services (includes but is not limited to storm and catch basin cleaning services, grease trap cleaning services, sewer cleaning and rodding services, and tank cleaning and disposal services)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 61 EDUCATION SERVICES

611 Educational Services

6111,
6112,
6113
Elementary and Secondary Schools, Junior Colleges, and Colleges, Universities and Professional Schools (also includes activities and facilities ancillary to, and/or serving, an educational service, such as, but not limited to, administrative offices, student and educator housing, libraries and museums, performing arts and sports facilities, eating facilities, medical clinics, etc.)

• Public Schools P P P P P P P P P P P **P P P P P P P P P P P --- --- --- --- --- P P P --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.

• Private Schools C C C C C C C C --- --- C **C C C C C C --- --- --- --- --- C --- --- --- --- C C C --- --- --- --- --- 6114 Business Schools and Computer and Management Training --- --- --- --- --- --- C C --- --- --- --- --- --- --- C --- --- --- C --- C C C C --- --- --- C --- --- --- --- --- --- 6115 Technical, Trade, and Vocational Schools --- --- --- --- --- --- C C --- --- C --- --- --- --- C --- C --- C C C C C C C --- --- C --- --- --- --- --- --- 6116 Other Schools and Instruction
611610 Fine Arts Schools (nonacademic instruction, including music, dance, performing arts, drama, photography, ceramics, painting, and sculpture)

• GFA less than 2,000 SF --- --- --- --- C P P P P --- P **P P P P --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• GFA 2,000 SF or more --- --- --- --- --- C C C C --- C **C C C C --- C C C C C C C C C C --- --- --- --- --- --- --- --- --- 611620 Sports and Recreation Instruction (cheerleading, gymnastics, and martial arts)

• GFA less than 10,000 SF --- --- --- --- --- P P P P --- P --- --- --- P --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- • GFA 10,000 or More SF --- --- --- --- --- C C C P --- C --- --- --- C --- C C C C C C C C C C --- --- --- --- ---- --- --- --- --- 746
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-25 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
611692 Automobile Driving School --- --- --- --- --- --- C C --- --- C --- --- --- C --- C C C C C C C C --- --- --- --- C --- --- --- --- --- --- 611699 Other Schools of Instruction (public speaking, survival training, and speed reading)
--- --- --- --- --- --- C C --- --- C C --- --- C --- C C C C C C C C --- --- --- --- C --- --- --- --- --- --- 6117 Educational Support Services (limited to testing, evaluation, tutorial, and online education services)
--- --- --- --- --- --- P P P P P P --- --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 62 HEALTH CARE AND SOCIAL ASSISTANCE

621 Ambulatory Health Care Services

6211,
6212,
6213,
6214,
6215,
6216
Offices of Physicians and Dentists, Other Health Practitioners, Outpatient Centers, Laboratory Testing Services, Home Healthcare Services, and Community Clinics (excludes massage establishments— see NAICS 812199)
--- --- --- --- --- P P P P P P P --- --- P --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- See Section 5.02.270 (Massage Establishments and Services) for massage therapists or
massage practitioners.

Pursuant to Figure 5.01-2 (MU-1 (Downtown
Mixed Use) Zoning District Land Use Map) and
Section 6.01.035.B.2.c (Development Standards
and Guidelines) uses that front on to Euclid
Avenue are not permitted on the ground/first
floor.
6219 Other Ambulatory Health Care Services

621910 Ambulance Services --- --- --- --- --- --- P --- --- --- P --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- C --- --- --- --- 621991 Blood and Organ Banks --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- 621999 All Other Miscellaneous Ambulatory Health Care Services (limited to blood pressure screening, health screening, hearing testing, industrial clinics, pacemaker monitoring, physical fitness evaluation, and smoking cessation program services)
--- --- --- --- --- P P P --- P P **P --- --- P --- P P P P P P P P P P --- --- --- --- --- --- --- --- --- See Section 5.03.030 (Ambulatory Health Care Services—All Other Miscellaneous)
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
622 Hospitals --- --- --- --- --- --- C C --- --- C --- --- --- --- --- --- --- --- C --- C --- --- --- --- --- --- --- --- --- --- --- --- --- 623 Nursing and Residential Care Facilities

6231 Nursing Care Facilities (includes State licensed facilities engaged in providing inpatient nursing and rehabilitative services by a permanent core staff of registered/licensed practical nurses who, along with other staff, provide nursing and continuous personal care services) --- --- --- --- --- --- C C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- 747
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-26 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
6232 Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities

623210 Residential Intellectual and Developmental Disability Facilities (includes State licensed group homes, and intermediate care facilities primarily engaged in providing residential care services – room, board, protective supervision, and counseling services -- for persons diagnosed with intellectual and developmental disabilities)

• 6 or fewer persons *P *P *P *P --- --- --- --- --- --- --- *P *P *P *P *P *P *P *P *P *P *P --- --- --- --- --- *P --- --- --- --- --- --- --- * Allowed only in conjunction with an existing single-family residence.
• More than 6 persons ---C ---C C C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- 623220 Residential Mental Health and Substance Abuse Facilities (includes State licensed residential care and treatment – room, board, protective supervision, and counseling services -- for patients with mental health and/or substance abuse illnesses. Medical services may be provided incidental to counseling, mental rehabilitation, and support services offered)

623311 Continuing Care Retirement Communities (includes State licensed facilities providing a range of residential personal care services with on- site nursing care facilities for: [1] the elderly and other persons that are unable to fully care for themselves, and/or [2] the elderly and other persons who do not desire to live independently)

See Section 5.03.110 (Community Care Facilities
for the Elderly—6 or Fewer Persons).
• More than 6 persons ---C ---C C C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- See Section 5.03.105 (Community Care Facilities for the Elderly—More Than 6 Persons).
623312 Assisted Living Facilities for the Elderly (includes State licensed facilities providing residential and personal care services without on-site nursing care facilities for: [1] the elderly and other persons that are unable to fully care for themselves, and/or [2] the elderly and other persons who do not desire to live independently)

See Section 5.03.110 (Community Care Facilities
for the Elderly—6 or Fewer Persons).
• More than 6 persons ---C ---C C C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- See Section 5.03.105 (Community Care Facilities for the Elderly—More Than 6 Persons).
748
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-27 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
6239 Other Residential Care Facilities for 6 or fewer persons (includes facilities providing residential care services, such as: group homes for the hearing or visually impaired, child group foster homes, halfway group homes for ex-offenders, homes for unwed mothers, group homes for the disabled without nursing care, orphanages, etc.) *P *P *P *P --- --- --- --- --- --- --- *P *P *P *P *P *P *P *P *P *P *P --- --- --- --- --- *P --- --- --- --- --- --- --- * Allowed only in conjunction with an existing single-family residence.

See Section 5.03.345 (Residential Care Facilities,
Other—6 or Fewer Persons).
624 Social Assistance

6241 Individual and Family Services

624110 Adoption Services, Child Guidance Agencies, Child Welfare Services, and Foster Care Placement Services
--- --- --- --- --- P P P --- P P --- --- --- --- P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 624110 Teen Outreach Services and Youth Centers --- --- --- --- --- P P --- --- --- --- --- --- --- P P --- --- P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 624120 Senior Citizen and Adult Community Centers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- P P --- P --- --- --- --- --- --- P --- --- --- --- --- --- 624120 Adult Daycare Services

• 6 or Fewer Persons *P *P *P *P --- --- --- --- --- --- --- *P *P *P *P --- *P *P P* *P *P *P --- --- --- --- --- *P --- --- --- --- --- --- --- * Allowed only in conjunction with an existing single-family residence.
• 7 or More Persons --- --- C C --- C C --- --- C --- --- --- --- C --- --- --- --- --- --- --- C --- --- --- --- --- --- C --- --- --- --- --- 624190 Other Individual and Family Services --- --- --- --- --- --- P --- --- P P --- --- --- P --- P P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- 6242 Community Food and Housing, Emergency and Other Relief Services

624210 Community Food Services (limited to food banks, meal delivery programs, and fixed and mobile soup kitchens)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C --- --- --- --- --- --- --- --- --- 624221 Temporary Shelters

• Emergency Shelters --- --- C --- --- --- C --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- P C C --- C C --- --- --- --- --- See Section 5.03.405 (Transitional Shelters and Supportive Housing).
• Low Barrier Navigation Centers --- --- --- --- --- P P --- --- --- --- P P P P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- • Transitional Housing P P P P --- --- C --- --- --- --- ---P ---P ---P ---P ---P ---P ---P ---P ---P ---P ---P --- --- P C C --- C P --- --- --- --- --- • Transitional Living Centers --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- 624229 Other Community Housing Services (agencies and organizations) --- --- --- --- --- P P --- --- P P **P --- --- P P P P P P P P P --- --- --- --- --- P --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
624230 Emergency and Other Relief Services (administrative services/activities only)
--- --- --- --- --- --- P --- --- P P **P --- --- P P P P --- --- P --- --- --- --- --- --- --- P --- --- --- --- --- --- 6243 Vocational Rehabilitation Services (limited to vocational habilitation and rehabilitation, and workshops for persons with disabilities) --- --- --- --- --- --- C C --- --- --- --- --- --- --- P --- --- --- C --- C C C C --- --- --- C --- --- --- --- --- --- 6244 Child Daycare Services, limited to the following:

624410 Child Daycare Centers (Commercial Facilities) --- --- C C C C C C --- C C --- --- --- C --- C C C C C C P P --- --- --- --- P C --- --- --- --- --- See Section 5.03.100 (Child Daycare Services). 624410 Child Daycare Centers (Employer Provided Services) --- --- --- --- --- --- --- P --- --- P --- --- --- --- P P --- C C C C P P P P P --- P --- --- --- --- --- --- 749
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-28 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
624410 Family Child Daycare Homes (up to 14 children) *P *P *P *P --- --- --- --- --- --- --- *P *P *P *P *P *P *P *P *P *P *P --- --- --- --- --- *P --- *P --- --- --- --- --- * Allowed only in conjunction with an existing residence, including a single-family
dwelling, a townhouse dwelling, a dwelling
unit within a single-family dwelling, a
multiple-family dwelling, or a dwelling unit
within a multiple-family dwelling.

Furthermore, the dwelling may be rented,
leased, or owned, and the child daycare
provider shall reside in the dwelling.

See Section 5.03.100 (Child Daycare Services).
71 ARTS, ENTERTAINMENT AND RECREATION

711 Performing Arts, Spectator Sports, and Related Industries 7111 Performing Arts Companies --- --- --- --- --- --- --- C C --- --- C C C C --- C --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- 7112 Spectator Sports --- --- --- --- --- --- --- C C --- --- C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- 7113 Promoters of Performing Arts, Sports, and Similar Events (offices only) --- --- --- --- --- --- P P P P P **P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
7114 Agents and Managers for Artists, Athletes, Entertainers and Other Public Figures (offices only)
--- --- --- --- --- --- P P P P P **P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 7115 Independent Artists, Writers, and Performers (offices only) --- --- --- --- --- --- P P P P P **P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 712 Museums, Historical Sites, and Similar Institutions

7121 Museums, Historical Sites, and Similar Institutions

712110 Museums C C C C C C P P P P P P P P P P P P P P P P --- --- --- --- --- --- P C --- --- P --- --- 712130 Zoos and Botanical Gardens --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- 713 Amusement, Gambling, and Recreation Industries

7131 Amusement Parks and Arcades

713110 Amusement and Theme Parks --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- 713120 Amusement Arcades (limited to video and electronic game arcades, cyber cafes, and on-line and internet gaming facilities) --- --- --- --- --- --- C C --- --- --- C --- --- C --- --- C --- C C C --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.220 (Game Arcades, Internet Cafes, On-Line Internet Gaming, and Similar
Facilities).
7132 Gambling Industries (except Bingo conducted pursuant to Ontario Municipal Code Title 5, Chapter 18 (Bingo for Charity)) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 7139 Other Amusement and Recreation Industries

713910 Golf Courses and Country Clubs --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- 713940 Fitness and Recreational Sports Centers (limited to health clubs and gyms, fitness and sports training facilities, tennis clubs, swim clubs and other similar activities and facilities)

• GFA Less than 10,000 SF --- --- --- --- --- P P P P --- P **P --- --- P --- P P P P P P P P --- --- --- --- --- --- P --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.

• GFA 10,000 or More SF --- --- --- --- --- C C C P --- C **C --- --- C --- C C C C C C C C C C --- --- --- --- C --- --- --- --- 750
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-29 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
713950 Bowling Centers --- --- --- --- --- --- P P --- --- --- P P P P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 713990 Adult-Oriented Businesses --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- See Section 5.03.015 (Adult-Oriented Businesses).
713990 Batting Cages -- Indoor --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- 713990 Batting Cages -- Outdoor --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- C --- --- 713990 Billiard Parlors and Pool Halls --- --- --- --- --- --- C C --- --- --- C --- --- C --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.075 (Billiard Parlors and Pool Halls).
713990 Dancing, Dance Clubs, Dance Halls, Ballrooms, and Discotheques • GFA Less than 5,000 SF --- --- --- --- --- --- C C --- --- --- *A --- --- --- --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- * In the MU-1 zoning district, dancing activities/facilities are administratively
permitted only in conjunction with a bona
fide full-service restaurant or alcoholic
beverage manufacturer's tasting room.
• GFA 5,000 or More SF --- --- --- --- --- --- C C --- --- --- C --- --- --- --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- 713990 Escape, Exit, Mystery, and Puzzle Rooms --- --- --- --- --- --- C C --- --- --- C C C --- --- --- --- --- C --- C C --- C C --- --- --- --- --- --- --- --- --- 713990 Golf Driving Ranges, Miniature and Pitch-N-Put Golf Courses, and Practice Ranges
--- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- 713990 Hookah Establishments and Facilities --- --- --- --- --- C C --- --- --- --- */** A
*A *A *A --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- * 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.
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.

See Section 5.03.245 (Hookah Establishments).
713990 Live Entertainment (excludes adult-oriented establishments) • GFA Less than 5,000 SF ‡A ‡A ‡A ‡A --- C C C C --- --- *A/ **C
*A/
**C
*A/
**C
*A/
**C
--- C C C C C C C --- --- --- --- --- C --- P --- --- --- --- * In the MU-1 zoning district, live entertainment is administratively permitted
only in conjunction with a bona fide full-
service restaurant or alcoholic beverage
manufacturer's tasting room.
** Standalone live entertainment
activities/facilities shall be subject to
Conditional Use Permit approval and shall
be prohibited on property located along
the Euclid Avenue Protection Corridor (refer
to Figure 5.01-2: MU-1 (Downtown Mixed
Use) Zoning District Land Use Map) for
locations.
‡ Allowed in residential zoning districts only in
conjunction with a banquet facility in
association with a historic property.
• GFA 5,000 or More SF --- --- --- --- --- C C C C --- --- **C --- --- **C --- C C C C C C C --- --- --- --- --- C --- C --- --- --- --- 713990 Off-Road Vehicle Riding Facilities (recreational) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 751
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-30 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
713990 Open Space and Park Lands (publicly owned facilities) P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 713990 Shooting and Archery Ranges and Galleries — Indoor Only --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C --- --- --- --- --- --- --- --- --- 713990 Simulated Racing (limited to go-carts, radio-controlled vehicles, and other similar facilities)
--- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- 713990 Simulated Shooting Games — Indoor Only (limited to laser tag and paint ball)
--- --- --- --- --- --- C C --- --- --- C --- --- C --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- 713990 Skating Rinks and Parks (indoor only) --- --- --- --- --- --- C C --- --- --- --- --- --- C --- --- --- --- C --- C C C --- --- --- --- --- --- --- --- --- --- --- 713990 Smoking Lounges, Vape Lounges, and Other Similar Facilities (excluding hookah establishments)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 713990 Stables (commercial riding) C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- 72 ACCOMMODATION AND FOOD SERVICES

721 Accommodation (Lodging Facilities)

7211 Traveler Accommodation

721110 Hotels and Motels --- --- --- --- --- --- --- C C --- C **C --- --- C --- C C --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- See Section 5.03.250 (Hotels, Motels, Residence Inns, and Other Similar Traveler
Accommodation).
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
721191 Bed-and-Breakfast Inns C C C C C C C C --- C C **C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- See Section 5.03.070 (Bed-and-Breakfast Inns). ** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
721199 All Other Traveler Accommodation

• Residence Inns --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.250 (Hotels, Motels, Residence Inns, and Other Similar Traveler
Accommodation).
• Cabins and Cottages --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- • Hostels --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 7212 Recreational Vehicle (RV) Parks and Recreational Camps --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 7213 Boarding, Lodging and Rooming Houses A A A C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- A --- A --- --- --- --- --- See Section 5.03.080 (Boarding, Lodging and Rooming Houses).
722 Food Services and Drinking Places

7223 Special Food Services

722310 Food Service Contractors --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- 752
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-31 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

722410 Drinking Places Other Than Bars, Cocktail Lounges, and Taverns (and other similar facilities)

• GFA less than 10,000 SF ‡A ‡A ‡A ‡A C C C C C --- C A A A C C C C C C C C C C C C --- --- C --- P --- C --- --- ‡ Allowed in residential zoning districts only in conjunction with a banquet facility in
association with a historic property or a not
for profit homeowners association that
maintains/operates a clubhouse or similar
place of assembly for exclusive use by
association members and their guests.

See Section 5.03.025 (Alcoholic Beverage Sales).
• GFA 10,000 or More SF --- --- --- --- C C C C C --- C C C C C --- C C C C C C C C C C --- --- C --- P --- C --- --- 722410 Bars, Cocktail Lounges, Nightclubs and Taverns, and Other Similar Facilities

• GFA less than 5,000 SF --- --- --- --- --- --- C C C --- C **A **A **A C --- C C C C C C --- --- --- --- --- --- --- --- P --- C --- --- ** Standalone bars, taverns, and other similar facilities shall be prohibited on property
located along the Euclid Avenue Protection
Corridor (refer to Figure 5.01-2: MU-1
(Downtown Mixed Use) Zoning District Land
Use Map) for locations.

See Section 5.03.025 (Alcoholic Beverage Sales).
• GFA 5,000 or More SF --- --- --- --- --- --- C C C --- C C** --- --- --- --- C C C C C C --- --- --- --- --- --- --- --- P --- C --- --- 7225 Restaurants and Other Eating Places

722511 Full-Service Restaurants (includes ancillary banquet facilities— see NAICS 531120 for standalone banquet facilities)**
--- --- --- --- --- P P P P --- P P P P P P P P P P P P P P P --- --- --- P --- P --- P --- --- See Section 5.03.150 (Drive-Thru Facilities) for the inclusion of drive-thru facilities.
** Outdoor dining areas, both temporary and
permanent, which are provided in addition
to seating areas approved with the
development of a building, may be
permitted, subject to the approval of an
Administrative Use Permit.
722513 Limited-Service and Fast Food Restaurants** --- --- --- --- P P P P P --- P P P P P P P P P P P P P P P P P --- P --- P --- P --- --- 722514 Cafeterias and Buffets** --- --- --- --- P P P P P --- P P P P P P P P P P P P P P P P P --- P --- P --- P --- --- 722515 Snack and Nonalcoholic Beverage Bars** --- --- --- --- P P P P P --- P P P P P P P P P P P P P P P P P --- P --- P --- P --- --- 81 OTHER SERVICES (EXCEPT PUBLIC ADMINISTRATION)

811 Repair and Maintenance

8111 Motor Vehicle Repair and Maintenance (Note: See Motor Vehicle Storage (NAICS 493190) for vehicle storage requirements)

811111 Servicing Facilities (limited to retail-oriented services, such as emissions testing, battery replacement and other similar retail activities that involves the limited use of pneumatic tools or equipment that create noise impacts)
--- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- --- P P --- P P P --- --- --- --- --- --- --- --- --- --- See Section 5.03.065 (Automotive Repair and Maintenance—Servicing Facilities).
753
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-32 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
811111 General Repair Facilities (includes general motor vehicle mechanical and electrical repair and maintenance of air conditioning, brake, cooling, electric, exhaust, fuel, and suspension systems; and engine, transmission, and drive train)

• Automobile, Light Truck and Van Repair and Maintenance --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- --- P --- --- --- --- See Section 5.03.060 (Automotive Repair and Maintenance—General Repair Facilities).
• Large Truck, Bus and Similarly Large Motor Vehicle Repair and Maintenance
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- --- 811121 Automotive Body, Paint, and Interior Repair and Customization

• Automobile, Light Truck and Van Body, Paint, and Interior Repair and Customization
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C P P --- --- --- --- --- --- --- --- See Section 5.03.045 (Automotive Body, Paint, and Interior Repair and Customization—Minor
Customization Work).
• Minor Customization Work (limited to the "bolt-on" replacement or addition of parts only -- body and/or paint work is prohibited) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P P --- --- --- P --- --- --- ---

• Large Truck and Bus Body, Paint, and Interior Repair and Maintenance
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- ---

• Mobile Body and Paint Repair Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C P P --- --- --- --- --- --- --- --- See Section 5.03.050 (Automotive Body and Paint—Mobile Repair Services).
811122 Automotive Glass Replacement Shops (includes stationary and mobile services)
--- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- P --- --- --- --- See Section 5.03.055 (Automotive Glass Replacement Shops).
811122 Automotive Window Tinting and Vehicle Wrapping --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- P --- --- --- --- 811191 Automotive Oil Change and Lubrication Shops --- --- --- --- --- P P P --- --- --- --- --- --- --- --- P P P P P P P P --- --- --- --- --- --- P --- --- --- --- 811192 Car Washes--Full-Service and Self-Service (excludes facilities ancillary to fueling stations)

• Automobiles, Light Trucks and Vans --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- C --- --- C --- --- C --- --- --- --- --- --- P --- --- --- --- • Trucks and Similarly Large Vehicles --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P --- --- --- P --- --- --- --- • Mobile Washing and Detailing Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- See Section 5.03.300 (Mobile Washing and Detailing Services).
811198 All Other Automotive Repair and Maintenance
• Emissions Testing (test only facilities), and Diagnostic Centers and Safety Inspection Services (without repair)
--- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- • Rustproofing and Undercoating Shops --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- • Spray-On Bedliner Installation Shops --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- • Tire Sales, Installation, and Repair (except retreading) Services --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- • Plug-In Electric Vehicle (PEV) Charging Facilities (ancillary to an allowed land use)

P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P • Hydrogen Fueling Station --- --- --- --- P P P P P P P P P P P P P P P P P P P P P P P --- --- --- --- --- --- --- --- 8112 Electronic and Precision Equipment Repair and Maintenance --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- 8113 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- P --- --- --- --- 754
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-33 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

811411,
811412
Home and Garden Equipment and Appliance Repair and
Maintenance
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- 811420 Reupholsters and Furniture Repair --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- 811430 Footwear and Leather Goods Repair --- --- --- --- --- P P P --- --- --- **P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
811490 Other Personal and Household Goods Repair and Maintenance -- Without Retail Sales (limited to garment alteration and repair, gun repair, jewelry repair, key duplicating, musical instrument repair and tailor shops)
--- --- --- --- --- P P P --- --- --- **P P P P P P P P P P P P P P --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
811490 Boat Repair and Maintenance Services (no retail sales of new boats)
--- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- --- --- --- --- --- --- 811490 Motorcycle Repair and Maintenance Services (no retail sales of new motorcycles)
--- --- --- --- --- --- C C --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P P P --- --- --- --- --- --- --- --- --- 812 Personal and Laundry Services

8121 Personal Care Services

812111
812112
812113
Barber Shops, Beauty Salons, Nail, and Skin Care Services --- --- --- --- P P P P --- --- --- **P --- --- P --- P P --- P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations. 812191 Diet and Weight Reducing Centers --- --- --- --- --- P P P --- --- --- **P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 812199 Other Personal Care Services, limited to the following:

• Body Art Services (includes tattooing, body piercing, and branding)
--- --- --- --- --- --- C --- C --- --- **P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.390 (Tattoo, Body Piercing, Branding, and Permanent Cosmetics
Application).
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Chair Massage --- --- --- --- P P P P P P P **P --- --- P --- --- --- P P --- P --- --- --- --- --- --- --- --- P --- --- --- --- See Section 5.03.270 (Massage Establishments and Services).
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
755
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-34 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

• Color Consulting Services --- --- --- --- P P P P --- --- --- **P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.

• Day Spas --- --- --- --- --- P P P --- --- --- **P --- --- P --- --- --- P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- • Hair Removal Services --- --- --- --- P P P P --- --- --- **P --- --- P --- --- --- P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- • Hair Replacement Services --- --- --- --- P P P P --- --- --- **P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- • Make-Up Salons (includes the application of permanent cosmetics)
--- --- --- --- P P P P --- --- --- **P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.390 (Tattoo, Body Piercing, Branding, and Permanent Cosmetics
Application).
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Massage Establishments --- --- --- --- --- --- A --- A --- --- **A --- --- A --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.270 (Massage Establishments and Services).
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Tanning Salons --- --- --- --- P P P P --- --- --- **P --- --- P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Wellness Centers --- --- --- --- --- --- P --- P --- --- **P P --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- If ancillary massage services are proposed, refer to Section 5.03.270 (Massage Establishments
and Services) for regulations.
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
8122 Death Care Services

812210 Funeral Director Services (limited to office/retail only) --- --- --- --- --- P P P --- --- P **P P P P --- --- --- --- --- --- --- P --- *P *P *P --- --- --- --- P --- --- --- See Section 5.03.205 (Funeral Director Services). * Allowed only as an ancillary use to Funeral
Parlors and Mortuary Services.
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
812210 Funeral Parlors and Mortuary Services (excludes funeral establishments)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- P --- --- --- 812210 Funeral Establishments --- --- --- --- --- C C C --- --- --- --- --- --- C --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- P --- --- --- 756
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-35 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

812310 Coin-Operated Laundries and Drycleaners --- --- --- --- --- P P --- --- --- --- --- --- --- P --- --- P --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 812320 Drycleaning and Laundry Services (except Coin-Operated) --- --- --- --- --- P P P P --- --- **P --- --- P --- P --- P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.150 (Drive-Thru Facilities) for the inclusion of drive-thru facilities.
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
812331 Linen Supply --- --- --- --- --- --- P --- --- --- --- --- --- --- P --- --- --- --- P --- P P P P P P --- --- --- P --- --- --- --- 812332 Industrial Launderers --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- 8129 Other Personal Services

812910 Pet Grooming and Training Services --- --- --- --- --- P P P --- --- --- **P P P P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
812910 Pet Boarding and Sitting (animal daycare) Services, and Shelters --- --- --- --- --- C C C --- --- --- --- --- --- C --- --- --- --- --- --- --- C --- --- --- --- --- --- --- P --- --- *P
--- --- * Use shall only permit publicly operated
Animal Shelters.
812921 Photofinishing --- --- --- --- --- P P P --- --- --- **P P P P --- P --- P P --- P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
812930 Parking Lots and Parking Garages
• Commercial Facilities (pay to park) --- --- --- --- --- --- C C C --- C C C C C C C C C C C C P --- --- --- --- --- --- --- --- --- --- --- --- • Publicly-Owned Facilities --- --- --- --- --- P P P P P P P P P P P P P P P P P P P P P P --- P --- P --- P --- --- • Facilities Required in Conjunction with Allowed Uses P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 812990 Astrology, Fortunetelling, Numerology, Palmistry, Phrenology and Psychic Reading Services
--- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 812990 Funeral Planning Services (office only—excludes preparation of the dead for burial or interment, and the conducting of funeral services) --- --- --- --- --- P P P --- P P **P --- --- P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
812990 Party Planning Services --- --- --- --- --- P P P P P P **P P P P --- P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
757
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-36 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
812990 Wedding and Funerary Chapels (excludes religious assembly) --- --- --- --- --- C C --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 813 Religious, Grantmaking, Civic, Professional and Similar Organizations

8131 Religious Organizations

813110 Religious Assembly C C C C C C C --- C --- --- --- C C C --- C C C C C C C C --- --- --- --- C C --- --- --- --- --- 813110 Monasteries, Convents and Other Similar Facilities --- --- C C --- --- C --- --- --- --- --- --- --- --- --- C C C C C C --- --- --- --- --- --- --- C --- --- --- --- --- 8132,
8133,
8134,
8139
Grant-Making and Giving Services; Social Advocacy Organizations; Civic and Social Organizations; and Business, Professional, Labor, Political and Similar Organizations

• Offices Only --- --- --- --- --- --- P P --- P P **P P P P --- P --- --- P --- P --- --- --- --- --- --- --- --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• Assembly Facilities --- --- --- --- --- --- C C --- C C --- C C C --- --- --- --- C --- C C C C --- --- --- --- --- --- --- --- --- --- 92 PUBLIC ADMINISTRATION

921 Executive, Legislative, and Other General Government Support --- --- --- --- --- --- P P --- P P **P P P P P P P P P P P P --- --- --- --- --- P --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
922 Justice, Public Order, and Safety Activities

922110 Courts --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- 922120 Police Protection (stations, substations, and storefront facilities) P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 922130 Legal Counsel and Prosecution --- --- --- --- --- --- P P P P P **P P P P P P P P P P P --- --- --- --- --- --- P --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
922140 Correctional Institutions --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 922150 Parole Offices and Probation Offices --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- P --- --- --- --- --- --- 922160 Fire Protection P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 758
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-37 (Rev. 12.03.202408.19.2025) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
923 Administration of Human Resource Programs (limited to administrative offices for education, public health and veterans' affairs, and other similar facilities)
--- --- --- --- --- --- P P --- P P **P P P P P P P P P P P --- --- --- --- --- --- P --- --- --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.

TEMPORARY AND INTERIM LAND USES, BUILDINGS, AND STRUCTURES Temporary and Interim Land Uses A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A See Section 5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures).

Temporary and Interim Buildings, Structures, and Facilities • Fewer than 5 years A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A See Section 5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures).
• 5 to 10 years C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C A C C C C • More than 10 years --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- A --- --- --- ---

759
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-38 Ontario Development Code

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760

Ontario Development Code Page 5.03-1 (Rev. 03.18.202508.19.2025) Division 5.03—Supplemental Land Use Regulations

Sections:

5.03.000: Purpose

5.03.005: Applicability

5.03.010: Accessory Dwelling Units

5.03.011: Accessory Residential Structures

5.03.015: Adult-Oriented Businesses

5.03.020: Air Transportation

5.03.023: Alcoholic Beverage Manufacturing

5.03.025: Alcoholic Beverage Sales

5.03.030: Ambulatory Health Care Services—All Other Miscellaneous Services

5.03.035: Apparel Manufacturing

5.03.037: Artisan Small-Scale and Micro Manufacturing Facilities

5.03.040: Automobile Dealers—New Vehicles Sales and Leasing, and Automobile Rental

5.03.045: Automotive Body, Paint, and Interior Repair and Customization —Minor Customization

5.03.050: Automotive Body and Paint—Mobile Repair Services

5.03.055: Automotive Glass Replacement Shops

5.03.060: Automotive Repair and Maintenance—General Repair Facilities

5.03.065: Automotive Repair and Maintenance—Servicing Facilities

5.03.067: Banquet Facilities - Historic Properties

5.03.070: Bed-and-Breakfast Inns

5.03.075: Billiard Parlors and Pool Halls

5.03.080: Boarding, Lodging, and Rooming Houses

5.03.085: Bread and Tortilla Manufacturing

5.03.090: Business to Business Electronic Markets

5.03.095: Caretaker Quarters

5.03.100: Child Daycare Services

5.03.105: Community Care Facilities for the Elderly—More Than 6 Persons

5.03.110: Community Care Facilities for the Elderly—6 or Fewer Persons

5.03.115: Computer and Electronic Product Manufacturing

5.03.120: Consumer Goods Rental

5.03.125: Convenience Markets and Specialty Food Stores

5.03.130: Credit Intermediation-Related Activities

5.03.135: Cutlery and Hand Tool Manufacturing

5.03.140: Data Processing, Hosting, and Related Services

5.03.145: Depository Credit Intermediation

5.03.150: Drive-Thru Facilities

5.03.155: Durable and Nondurable Goods Agents and Brokers

5.03.160: Electric Power Generation, Solar and Wind

5.03.165: Electrical Equipment, Appliance, and Component Manufacturing

5.03.170: Electronic Shopping and Mail Order Houses

5.03.175: Electronics and Appliance Stores

5.03.177: Employee (Farmworker) Housing

5.03.180: Exterminating Services

5.03.185: Fabricated Metal Product Manufacturing, All Other Miscellaneous

5.03.187: Fertilizer Manufacturing from Manure Operations (FMMO)

5.03.190: Food Manufacturing, Other

5.03.195: Footwear Manufacturing

5.03.200: Freight Transportation Arrangement
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Division 5.03—Supplemental Land Use Regulations
(Rev. 03.18.202508.19.2025) Page 5.03-2 Ontario Development Code

5.03.205: Funeral Director Services

5.03.210: Furniture and Home Furnishings Stores

5.03.215: Furniture and Related Product Manufacturing

5.03.220: Game Arcades, Internet Cafes, On- Line Internet Gaming, and Similar Facilities

5.03.225: Gasoline and Fueling Stations

5.03.230: General Rental Centers

5.03.235: Hardware Manufacturing

5.03.240: Home Occupations

5.03.245: Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers

5.03.250: Hotels, Motels, Residence Inns, and Other Similar Traveler Accommodation

5.03.255: Leather and Allied Product Manufacturing, Other

5.03.257: Live Entertainment

5.03.260: Machine Shops, and Turned Product, Screw, Nut, and Bolt Manufacturing

5.03.265: Manufacturing, Miscellaneous

5.03.270: Massage Establishments and Services

5.03.275: Material Recovery Facilities (MRF)

5.03.280: Marijuana Dispensary

5.03.285: Mixed-Use Developments

5.03.290: Mobile Food Services

5.03.295: Mobilehome Parks

5.03.300: Mobile Washing and Detailing Services

5.03.305: Motor Vehicle Dealers

5.03.310: Motor Vehicle Storage Facilities

5.03.315: Personal Fitness Trainer

5.03.320: Personal Property Donation Bins

5.03.325: Pharmaceutical and Medicine Manufacturing

5.03.330: Pharmacies and Drug Stores

5.03.335: Plastics Product Manufacturing

5.03.340: Recycling Facilities

5.03.345: Residential Care Facilities, Other—6 or Fewer Persons

5.03.350: Salvage Facilities

5.03.355: Self-Storage Facilities

5.03.360: Senior Citizen Housing Developments

5.03.363: Short Term Rentals

5.03.365: Single-Family Dwellings

5.03.370: Single Room Occupancy (SRO) Facilities

5.03.375: Soap, Cleaning Compound, and Toilet Preparation Manufacturing

5.03.380: Sound (Audio) Recording Facilities

5.03.385: Spring and Wire Product Manufacturing

5.03.390: Tattooing, Body Piercing, Branding, and the Application of Permanent Cosmetics

5.03.395: Temporary and Interim Land Uses, Buildings, and Structures

5.03.400: Thrift and Secondhand Stores, and Used Goods Stores

5.03.403: Single-Family Two-Unit Projects

5.03.405: Temporary Shelters and Supportive Housing

5.03.410: Urban Agriculture

5.03.415: Waste Treatment and Disposal—Composting and Anaerobic Digestion Facilities

5.03.420: Wireless Telecommunications Facilities

5.03.425: Work/Live Units

762
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-3 (Rev. 03.18.202508.19.2025)

5.03.000: Purpose

The purpose of this Division is to provide operating, site planning and/or development standards for certain land uses allowed by Division 5.02 (Land Use) of this Development Code, and for activities and facilities that require special standards to mitigate their potential adverse impacts, thereby assuring a land use, activity, and/or facility of stable and desirable character, which is compatible with existing and future development and land uses in the vicinity, and protects the use and enjoyment of neigh boring properties consistent with goals and policies of The Ontario Plan.

5.03.005: Applicability

A. The land uses, activities and facilities addressed by this Division shall be located in compliance with Division 5.02 (Land Use) of this Development Code.

B. The standards for specific uses , activities and facilities established by this Division shall supplement, and are required in addition to, the applicable development and subdivision regulations contained in Chapter 6.0 (Development and Subdivision Regulations) of this Development Code.

C. Each and every physical improvement required to be installed or constructed in conjunction with the establishment of a land use, activity or facility addressed by this Division, shall be completed prior to the commencement of the land use.

5.03.010: Accessory Dwelling Units

A. Purpose. The purpose of this Section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this Section will not be:

1. Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in Subsection C.7, below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

C. Definitions. As used in this Section, the words or phrases listed below shall have the meanings thereafter specified:

763
Division 5.03—Supplemental Land Use Regulations
(Rev. 03.18.202508.19.2025) Page 5.03-4 Ontario Development Code

1. Accessory Dwelling Unit (ADU) . An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a. An efficiency unit, as defined by HSC Section 17958.1; and

b. A manufactured home, as defined by HSC Section 18007.

2. Accessory Structure . A structure that is accessory and incidental to a dwelling located on the same lot.

3. Complete Independent Living Facilities . Permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multiple-family dwelling is or will be situated.

4. Efficiency Kitchen. A kitchen that includes each of the following:

a. A cooking facility with appliances.

b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the JADU.

5. Junior Accessory Dwelling Unit (JADU). A residential unit that:

a. Is no more than 500 SF in size;

b. Is contained entirely within an existing or proposed single -family structure.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;

c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;

d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single -family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling ; and

e. It includes an efficiency kitchen, as defined in Subsection C.4, above.

6. Livable Space . A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7. Living Area. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

9. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
764
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-5 (Rev. 03.18.202508.19.2025)

10. Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. Public Transit. A location, including but not limited to a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

12. Tandem Parking. Two or more automobiles parked on a driveway or on any other location on a lot, lined up one behind the other.

D. Approvals. The following approvals apply to ADUs and JADUs under this Section:

1. Building Permit Only . If an ADU or JADU complies with each of the general requirements in subsection E below , it is allowed with only a building permit in the following scenarios:

a. Converted on Single -Family Lot. One ADU as described in this Subsection D.1.a and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:

(1) Is either : within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling ; or (in the case of and ADU only) within the existing space of an accessory structure, plus up to 150 additional SF if the expansion is limited to accommodating ingress and egress; and

(2) Has exterior access that is independent of that for the single -family dwelling; and

(3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and

(4) The JADU complies with the requirements of Government Code Sections 66333 through 66339.

b. Limited Detached on Single -Family Lot. One detached, new -construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection D.1.a, above), if the detached ADU satisfies each of the following limitations:

(1) The side- and rear-yard setbacks are at least 4 FT; and

(2) The total floor area is 800 SF or smaller; and

(3) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2, below.

c. Converted on Multiple -Family Lot. One or more ADUs within portions of existing multiple-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with s tate building standards for dwellings. Under this Subsection D.1.c, 765
Division 5.03—Supplemental Land Use Regulations
(Rev. 03.18.202508.19.2025) Page 5.03-6 Ontario Development Code at least one converted ADU is allowed within an existing multiple-family dwelling, up to a quantity equal to 25 percent of the existing multiple-family dwelling units.

d. Limited Detached on Multiple -Family Lot. No more than two detached ADUs on a lot with a proposed multiple-family dwelling, or up to 8 detached ADUs on a lot with and existing multiple-family dwelling, if each detached ADU satisfies all of the following:

(1) The side - and rear -yard setbacks are at least 4 FT. If the existing multiple-family dwelling has a rear or side yard setback of less than 4 FT, the City shall not require any modification to the multiple-family dwelling as a condition of approving the ADU; and

(2) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2, below.

(3) If the lot has an existing multiple -family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. Process and Timing.

a. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

(1) The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay, or

(2) When an application to create an ADU or JADU is submitted with a permit application to create a new single -family or multiple -family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the per mit application to create the new single -family or multiple -family dwelling, but the application to create the ADU or JADU will still be considered ministerially, without discretionary review or a hearing.

b. If the City denies application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.

Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Subsection D.3.b, above.

c. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time .

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under Subsections D.1 or D.2, above:

1. Zoning.

a. An ADU subject only to a building permit under Subsection D.1, above, may be created on a lot in a residential or mixed-use zoning district.

766
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-7 (Rev. 03.18.202508.19.2025) b. An ADU subject to Subsection D.2, above, may be created on a lot that is zoned to allow single-family dwelling residential use or multiple-family dwelling residential use.

c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.

a. Except as otherwise provided by Subsections E.2.b and E.2.c, below, a detached ADU created on a lot with an existing or proposed single -family or multiple -family dwelling unit may not exceed 16 FT in height.

b. A detached ADU may be up to 18 FT in height if it is created on a lot with an existing or proposed single-family or multiple-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 FT) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c. A detached ADU created on a lot with an existing or proposed multiple - family dwelling that has more than one story may not exceed 18 FT in height.

d. An ADU that is attached to the primary dwelling may not exceed 25 FT in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this Subsection E.2.d may not exceed two stories.

e. For purposes of this S ubsection E.2, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3. Fire Sprinklers.

a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Sale or Conveyance. An ADU or JADU may be rented, but, except as provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single -family lot) or from the lot and all of the dwellings (in the case of a multiple-family lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater -treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.

767
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(Rev. 03.18.202508.19.2025) Page 5.03-8 Ontario Development Code a. An ADU created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

b. As required by state law, all JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person 's legal domicile and permanent residence. However, the owner-occupancy requirement in this Subsection E.7.b does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. ''Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330 , the following requirements must be satisfied:

a. With the building -permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

b. Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year.

If the City does not receive the report within the 90 -day period, the owner is in violation of this Code, and the City may send the o wner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30 -day period, the City may enforce this provision in accordance with applicable law.

9. Building and Safety.

a. Must Comply with Building Code. Subject to Subsection E.10.b, below, all ADUs and JADUs must comply with all local building code requirements.

b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Community Improvement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Subsection E.9.b prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this Section.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under Subsection D.2, above.

1. Maximum Size.

a. The maximum size of a detached or attached ADU subject to this Subsection F is 850 SF for a studio or one -bedroom unit and 1,000 SF for a unit with two or more bedrooms.

b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c. Application of other development standards in this Subsection F, such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit 768
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Ontario Development Code Page 5.03-9 (Rev. 03.18.202508.19.2025) in Subsection F.1.b, above, or front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 SF.

2. Building Setbacks.

a. Subject to Subsection F.1.c, above, an ADU that is subject to this Subsection F shall maintain a minimum front yard setback of 30 FT from arterial street rights -of-way and 20 FT from all collector and local street rights-of-way.

b. An ADU that is subject to this Subsection F must conform to 4 -FT side yard and rear yard setbacks.

c. No setback is required for an ADU that is subject to this Subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure .

3. Lot Coverage . No ADU subject to this Subsection F may cause the total lot coverage of the lot to exceed the maximum lot coverages shown in the Tables below, subject to Subsection F.1.c, above.

Traditional Single-Family Residential Development Standards Requirements
Residential Zoning Districts
AR-2 RE-2 RE-4 LDR-5
MDR-11, MDR-
18, MDR-25 &
HDR-45
Maximum Lot Coverage 30% 40% 50% 60%

Small Lot Traditional and Alley-Loaded Single-Family Residential Development Standards Requirements Residential Zoning Districts
LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
Maximum Lot Coverage 55% 60% 70%

Multiple-Family Residential Development Standards
Requirements Residential Zoning Districts
MDR-11 MDR-18 MDR-25 HDR- 45
Maximum Project Coverage 60% 100%

4. Minimum Open Space . No ADU subject to this Subsection F may cause the total percentage of open space of the lot to fall below the minimum requirements specified below, subject to Subsection F.1.c, above.

a. Small Lot Traditional and Alley- Loaded Development Projects, and Cluster Single-Family Development Projects. Small lot traditional, small lot alley-loaded, and cluster single- family development projects that consist of more than 3 dwellings, shall devote a minimum of 20 percent of the project site to open space.

b. Multiple-Family and Mixed- Use Development Projects. M ultiple-family development projects and the multiple -family residential portion of mixed -use development projects that consist of more than 3 dwellings, shall provide open space as follows:
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Minimum Open Space Requirements for Multiple-Family and Mixed-Use Development Projects Open Space Type Zoning Districts
MDR-11 & MDR-18 MDR-25 HDR-45
Private Open Space 200 SF (40%) 150 SF (37.5%) 60 SF (20%) Common Open Space 300 SF (60%) 250 SF (62.5%) 250 SF (80%) Total Open Space 500 SF (100%) 400 SF (100%) 310 SF (100%)

5. Passageway. No passageway, as defined by Subsection C.9, above, is required for an ADU.

6. Off-Street Parking.

a. Generally. One off -street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection C.12, above.

b. Exceptions. No parking under Subsection F.7.a, above, is required in the following situations:

(1) The ADU is located within one -half mile walking distance of public transit, as defined in Subsection C.11, above.

(2) The ADU is located within an architecturally and historically significant historic district.

(3) The ADU is part of the proposed or existing primary residence, or an accessory structure under Subsection D.1.a, above.

(4) When on-street parking permits are required but not offered to the occupant of the ADU.

(5) When there is an established car share vehicle stop located within one block of the ADU.

(6) When the permit application to create an ADU is submitted with an application to create a new single -family or multiple -family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subsections F.6.b(1) through F.6.b(5), above.

c. No Replacement. When a garage, carport, covered parking structure , or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

7. Architectural Requirements.

a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

770
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Ontario Development Code Page 5.03-11 (Rev. 03.18.202508.19.2025) b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

c. The exterior lighting must be limited to down -lights or as otherwise required by the City's Building or Fire Code.

d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e. The interior horizontal dimensions of an ADU must be at least 10 FT wide in every direction, with a minimum interior wall height of 7 FT.

f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line-of-sight.

g. All windows and doors in an ADU are less than 30 FT from a property line that is not a public right-of-way line must either be (for windows) clerestory 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.

8. Landscape Requirements. A Landscape Plan shall be submitted to the City, which provides for evergreen landscape screening, to include trees, shrubs, and groundcovers that shall be planted, permanently irrigated, and fully maintained, and which is located between an ADU and adjacent parcels, and where an ADU impacts a front yard and/or is subject to public views from a public or private street. Evergreen landscape screening shall be provided as follows:

a. Minimum 15-gallon size screening shrubs shall be installed at every 5 linear feet of exterior building wall. Alternatively, a 6 -FT high decorative masonry block wall may be constructed.

b. ADUs created by garage conversion, which results in the removal of the garage door, shall provide a minimum 3 -FT wide foundation landscape planter for the full length of the wall wherein the garage door was removed, which shall be fully landscaped and irrigated, and permanently maintained.

c. All landscaping must be drought tolerant and California friendly.

d. Landscape and irrigation plans shall be prepared and submitted to the City for review and approval.

9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

G. Fees. The following requirements apply to all ADUs and JADUs that are approved under Subsections D.1 or D.2, above.

1. Impact Fees.

a. No impact fee is required for an ADU that is less than 750 SF in size. For the purposes of this Subsection G.1, the term "impact fee" means a "fee" under the Mitigation Fee Act 771
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(Rev. 03.18.202508.19.2025) Page 5.03-12 Ontario Development Code (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). " Impact fee " as used in this Section, does not include any connection fee or capacity charge for water or sewer service.

b. Any impact fee that is required for an ADU that is 750 SF or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.

a. If an ADU is constructed with a new single -family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b. Except as described in Subsection G.2.a, converted ADUs on a single-family lot that are created under S ubsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

c. Except as described in Subsection G.2.a, all ADUs that are not covered by Subsection G.2.b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

(1) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage -fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

(2) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2020.

a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

(1) The ADU or JADU violates applicable building standards; or

(2) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 5.03.010).

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Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-13 (Rev. 03.18.202508.19.2025) b. Exceptions.

(1) Notwithstanding Subsection H.2.a, above the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

(2) Subsection H.2.a, above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in Subsections A through H of this Section may be allowed by the City, subject to a Conditional Use Permit issued in accordance with the other provisions of this Development Code.

5.03.011: Accessory Residential Structures

A. Purpose. The purpose of this Section is to establish standards for the construction and use of Accessory Residential Structures (other than Accessory Dwelling Units allowed pursuant to Section 5.03.010 of this Development Code ) in conjunction with existing single -family dwellings located within single -family or multiple -family zoning districts. ( Note: The construction and use of Accessory Residential Structures in conjunction with existing multiple -family dwellings shall be subject to the development standards applicable to the primary multiple -family dwellings.)

B. Applicability. For purposes of this Section, the herein established development standards shall apply to Accessory Residential Structures such as garages, carports, guesthouses, storage sheds, pool houses, recreation rooms, etc., which are incidental or subordinate to t he primary dwelling.

C. Definitions. As used in this Section, the words or phrases listed below shall have the meanings thereafter specified:

1. Accessory Residential Structure. A structure that is incidental or subordinate to the primary dwelling on the same site, or the use of which is incidental or subordinate to the use of the primary dwelling of the site.

2. Attached Accessory Residential Structure . An Accessory Residential Structure that is joined to the primary dwelling by means of a shared common wall or is joined by a roof that extends the full width of the smaller of two connecting structures, creating a covered breezeway.

An Attached Accessory Residential Structure is deemed to be attached to, and a part of, the primary dwelling.

3. Breezeway. A fully roofed, open passage that connects two buildings, such as a house and garage.

D. General Requirements. Accessory detached residential structures shall be developed pursuant to the following standards:

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(Rev. 03.18.202508.19.2025) Page 5.03-14 Ontario Development Code

1. Accessory Residential Structures shall only be allowed on a lot containing a single - family dwelling, and may be attached to the primary dwelling, or may be an independent structure that is detached from the primary dwelling.

2. An Accessory Residential Structure that is attached to the primary residential structure shall contain no more than 50 percent of the gross floor area of the primary residential structure and shall be subject to the development standards applicable to the primary residential structure (refer to Section 6.01.010 (Residential Zoning Districts) of this Development Code).

3. An Accessory Residential Structure that is detached from the pri mary residential structure shall comply with the development standards contained in Table 5.03 -1 (Development Standards for Accessory Residential Structures), below:

Table 5.03-1: Development Standards for Detached Accessory Residential Structures Requirements
Residential Zoning Districts
Additional
Regulations AR-2 & RE-2 RE-4 &
LDR-5
MDR-11, 18
& 25 HDR-45
A. Maximum Height

1. Conditional Use Permit
Required 35 FT Note 1

2. Permitted by Right 16 FT
B. Maximum Area

1. Conditional Use Permit
Required As deemed appropriate by the Approving Authority Note 2

2. Permitted by Right 650 SF/1,100 SF Note 2

3. Guesthouses 650 SF
C. Minimum Setbacks

1. From Street Side Property
Line 10 FT Notes 3 and 4

2. From Interior Side Property
Line 10 FT 0 FT/5 FT Notes 3 and 5

3. From Rear Property Line
a. Width of Structure <25
FT 5 FT Note 3
b. Width of Structure >25
FT 10 FT Note 3

4. From Alley Property Line
(alley-facing garages only) 6 FT Note 6
D. Minimum Separation Between
Structures 6 FT Note 3
E. Minimum Separation from
Major Pipelines 50 FT Note 7
Notes:

1. Detached Accessory Residential Structures in excess of 16 FT in height shall require Conditional Use Permit (or Certificate of Appropriateness for structures on the Ontario Register of Historic Places) approval.

2. Detached accessory structures in excess of 650 SF in area shall require Conditional Use Permit or Certificate of Appropriateness approval, as applicable, except that the maximum area allowed without benefit of Conditional Use Permit or Certificate of Appro priateness approval may be increased to 1, 100 SF to accommodate garage parking 774
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-15 (Rev. 03.18.202508.19.2025) required for uses on the affected property pursuant to Table 6.03 -1 (Off -Street Parking Requirements) of this Development Code.

3. For child play structures, doghouses, and other similar accessory structures, there shall be no minimum required setback or separation between buildings/structures; provided, the accessory structure is located within a side or rear yard area and is screened from public view.

4. Garages with vehicle doors facing a public street shall be setback a minimum of 20 FT behind the street property line (minimum 18 FT behind the street property line if an overhead rollup garage door is provided).

5. Within the MDR-11, MDR-18, MDR-25, and HDR-45 zoning districts, the interior side setback shall be 5 FT for structures located 75 FT or less from the front property line, and 0 FT for structures located more than 75 FT from the front property line For a se tback less than 3 FT, the Zoning Administrator may require that an easement be provided on the contiguous lot to ensure access to all sides of the structure for the purpose of building maintenance.

6. A detached garage that takes access from a public alley shall be setback a minimum of 6 FT from the property line that is common to the public alley, measured from the wall containing the vehicle access door.

7. Includes major high pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16 -inch and a 20 -inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right -of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pacif ic right-of-way, then parallel to the northerly side of the right- of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.

4. An Accessory Residential Structure that is detached from the primary residential structure shall be located on the rear one-half of the lot on which it is constructed.

5. The sum total of the area of all Accessory Residential Structures on a lot, excepting ADUs conforming to Section 5.03.010 (Accessory Dwelling Units) of this Division, shall be equal to no more than 50 percent of the GFA of the pri mary residential structure or 650 SF, whichever is greater. A Conditional Use Permit shall be required for properties where the sum total of all Accessory Residential Structures exceeds 50 percent of the GFA of the primary residential structure or 650 SF, whichever is greater.

6. An Accessory Residential Structure shall not contain a kitchen or cooking facilities (excluding outdoor kitchens and cooking facilities).

7. The size, footprint, height, bulk, and scale of an Accessory Residential Structure shall be compatible with the primary residential structure, and other Accessory Residential Structures in the surrounding neighborhood.

8. The area of an Accessory Residential Structure shall be the minimum necessary to house, shelter, or secure the use proposed within the structure; however, in no case shall the total gross floor area of all Accessory Detached Residential Structures on a lot exceed the floor area of the primary residential structure , excepting those accessory structures used for animal keeping purposes. In calculating the area of all Accessory Residential Structures on a lot, required parking within a garage shall be excluded from the calculation, up to a maximum of 3 covered parking stalls (maximum 651 SF).

9. Accessory Residential Structures shall match the primary residential structure with respect to architectural design and detailing, roof material and design, exterior color, exterior finish materials, window and door design, and design and placement of attic vents, excepting 775
Division 5.03—Supplemental Land Use Regulations
(Rev. 03.18.202508.19.2025) Page 5.03-16 Ontario Development Code those Accessory Detached Residential Structures less than 120 SF in area, and those used solely for animal keeping purposes within the AR-2 and RE-2 zoning districts, and the AG Overlay district.

For the purposes of this Section, Accessory Residential Stru ctures intended solely for animal keeping purposes may also be used for the storage of vehicles, machinery, and equipment used in animal keeping.

10. No shipping container or other similar container shall be located on any residentially zoned property to accommodate the on -site storage of tools, vehicles, equipment, and other materials. This provision is not intended to prohibit the conversion of shipping containers into legally established buildings for habitable or non-habitable purposes.

11. Accessory Residential Structures shall not be located within front yards, street side yards of corner lots, or in front of the main dwelling.

12. An Accessory Residential Structure containing mechanical or other fixed equipment capable of creating a noise that is audible beyond the property line shall be placed a minimum of 5 FT from an interior side or rear property line.

13. An Accessory Residential Structure shall only be placed within the interior side or rear yard area of a lot.

14. A lot developed with an Accessory Residential Structure shall maintain a useable rear yard as follows:

a. A traditional single-family dwelling shall maintain a useable rear yard area having minimum dimension of 20 FT in any horizontal direction; and

b. A small lot single-family dwelling shall maintain a useable rear yard having a minimum dimension of 10 FT in any horizontal direction.

15. On a reversed corner lot, an Accessory Residential Structure shall comply with the following:

a. The Accessory Residential Structure located within the rear yard area shall not project beyond the minimum required front yard setback of the adjoining key lot, and shall be located no closer than 5 FT from the side property line of the key lot (rear prope rty line of the reverse corner lot); and

b. The Accessory Structure shall be no closer to the rear property line than the minimum required side yard setback on the adjoining key lot.

E. Guesthouses. In addition to the standards applicable to Other Accessory Residential Structures contained in Subsection B of this Section, guesthouses shall comply with the following additional standards:

1. Not more than one Guesthouse shall be permitted per lot containing a primary single-family dwelling, and a Guesthouse shall not be constructed if an Accessory Dwelling Unit exists on the lot.

2. A Guesthouse shall be for the sole use of the family of the occupants of the main dwelling and persons employed on the premises, or for temporary use by non-paying guests for a 776
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-17 (Rev. 03.18.202508.19.2025) period not to exceed 90 days within any 120 -day period. In addition, Guesthouses shall not be rented or otherwise used as a separate, independent residence.

F. Carports. No Carport shall be allowed within a front or street side yard setback area.

Carports shall not be permitted in lieu of a garage required pursuant to the provisions of Table

6.03-1 (Off-Street Parking Requirements) of this Development Code, unless otherwise permitted by this Section.

G. Restrictive Covenant. Prior to the issuance of a building permit for an Accessory Residential Structures, the Planning Director may require that a restrictive covenant running with the land, which is binding on the property owner and their successors in interest, be recorded with the office of the San Bernardino County Recorder, which specifies that the Accessory Residential Structure shall not be used as an independent dwelling unit. Furthermore, restrictions may be included that are intended to ensure on-going compliance with the provisions of this Subsection B.

5.03.015: Adult-Oriented Businesses

The following regulations shall govern the establishment and operation of adult -oriented businesses within the City:

A. Purpose. It is the intent of these Adult-Oriented Business regulations to prevent community- wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods, which can be brought about by locating Adult -Oriented Businesses in close proximity to each other or proximity to other incompatible uses such as schools, churches, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of Adult-Oriented Businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above, can cause other businesses and residents to move elsewhere. It is, therefore, the purpose o f these Adult -Oriented Business regulations to establish reasonable and uniform regulations to ameliorate the harmful effects of Adult -Oriented Businesses or their close proximity to incompatible uses, while providing reasonable alternative avenues of communication.

Moreover, it is also the purpose of these Adult -Oriented Business regulations to facilitate regulation of Adult -Oriented Businesses and the performers that may be employed by such establishments pending resolution of the prior permitting issues raised in B aby Tam & Co., Inc. v.

City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998). The intent of the registration requirements contained in these Adult -Oriented Business regulations is to provide enforcement agencies with sufficient information to assist them in ensuring that criminal elements do not infiltrate Adult - Oriented Businesses, that minors are not employed by such establishments, and that the establishments will comply with the zoning and operational standards imposed by these Adult - Oriented Business regulations.

B. Findings. The City Council of the City of Ontario, California, hereby, finds as follows:

1. The City Council finds that various studies and court decisions presented to the City Council have determined that the establishment of Adult-Oriented Businesses is linked to increases in crime and other adverse effects. The City, in enacting this ordinance, more specifically finds that these studies provide convincing evidence that:

777
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(Rev. 03.18.202508.19.2025) Page 5.03-18 Ontario Development Code a. Adult-Oriented Businesses are linked to, and associated with, increases in crime rates in those areas in which they are located and in surrounding areas;

b. Both the proximity of Adult -Oriented Businesses to sensitive land uses and the concentration of Adult-Oriented Businesses tend to result in the blighting and deterioration of the areas next to which, and near which, they are located;

c. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult -Oriented Businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult -Oriented Businesses that are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values;

d. Studies concerning increases in crime surrounding Adult -Oriented Businesses are further supported by the City 's own experiences confirming an inordinate amount of police response calls to the City 's two existing Adult -Oriented Businesses, "the Reel One" and "the Villa Theater." The police response statistics from the Ontario Police Department for the period from 1996 to 1998 indicate that City police have been called out to these locations over 70 times to investigate solicitation and prostitution activities, lewd conduct, indecent exposure, illegal drug use and possession, use of counterfeit money, thefts, burglaries, and other disturbances;

2. Based on the forgoing, the City Council finds and determines that special regulation of Adult-Oriented Businesses is necessary to ensure that their adverse secondary effects will not cause or contribute to an increase in crime rates or the blighting or det erioration of the areas in which they are located or surrounding areas. The need for such special regulations is based upon the recognition that Adult -Oriented Businesses not only cause adverse secondary effects, but also have seriously objectionable opera tional characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses, thereby having a deleterious effect upon an adjacent area. It is the purpose and intent of these regulations to prevent or mitigate such adverse secondary effects;

3. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between Adult-Oriented Businesses and other sensitive uses, including residential, religious and educational uses, as well as to minimize the adverse secondary effects between the proximity of Adult -Oriented Businesses and other Adult -Oriented Businesses and truck stops. Moreover, the locational requirements established by this Section do not unreasonably restrict the establishment or operat ion of constitutionally protected Adult -Oriented Businesses in the City. A sufficient and reasonable number of appropriate locations for the operation of Adult-Oriented Businesses will remain available after the enactment of these Adult - Oriented Business regulations.

4. The City Council also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City, and thus, certain requirements with respect to the ownership and operation of Adult-Oriented Businesses are in the public interest.

In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values, and the blighting of areas in which Adult -Oriented Business are located, the city Council also takes legislative notice of the facts recited in the case of Kev, Inc., v. Kitsap County (9th Cir. 1986) 793 F.2d 1053, and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.), regarding how live adult entertainment results in adverse secondary effects such as prostitution, drug dealing, and other law enforcement problems; 778
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Ontario Development Code Page 5.03-19 (Rev. 03.18.202508.19.2025)

5. Zoning, permitting, licensing, and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City and to help assure that owners, operators and performers of Adult -Oriented Businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects that naturally accompany the operation of Adult-Oriented Businesses;

6. The City Council recognizes that possible harmful effects on children and minors exposed to the secondary effects of Adult -Oriented Businesses, the deterioration of respect for family values, and the need and desire of children and minors to stay away from , and avoid, Adult-Oriented Businesses, which causes children to be fearful and cautions when walking through or visiting the immediate neighborhood of these businesses. The City Council desires to: minimize and control the adverse secondary effects associ ated with the operation of Adult -Oriented Businesses and thereby protect the health, safety, and welfare of the citizens of Ontario, and in particular, the health, safety, and welfare of children and minors in the City; protect the citizens from increased crime; preserve their quality of life; preserve property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitte d diseases;

7. Nothing in these Adult -Oriented Business regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use that violates any applicable City ordinance or any statute of the State of California relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof;

8. The City Council further finds the following, in part, based upon its understanding of the judicial decisions and the reports, studies and other documents in the public record:

a. Evidence indicates that the existence of Adult -Oriented Businesses that permit nudity have been shown in some cities to increase the secondary effects of crime and decrease property values;

b. Evidence has demonstrated that Performers employed by Adult -Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows;

c. Evidence indicates that performers at Adult-Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment;

d. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the Adult -Oriented Business regularly have been found to be used as locations for engaging in unlawful sexual activity; and

e. As a result of Subparagraphs B.8.a through d, above, and the increase in the incidence of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City Council has a substantial interest in adopting regulations that will reduce to the greate st extent possible, the possibility for the occurrence of casual sex acts at Adult-Oriented Businesses;

9. In regulating nudity and semi- nudity in Adult-Oriented Businesses, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to regulate nudity and semi-nudity in Adult-Oriented Businesses 779
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10. The City Council further finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by the regulation of nudity and semi-nudity in Adult-Oriented Businesses;

11. While the City Council desires to protect the rights conferred by the United States and California Constitutions on Adult-Oriented Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminis hes, to the greatest extent feasible, those undesirable secondary adverse effects which the Studies have shown to be associated with the development and operation of Adult-Oriented Businesses;

12. In enacting nudity and semi- nudity regulations pursuant to these Adult -Oriented Business regulations, the City Council declares that the regulations do not create or regulate a criminal offense, and the City Council has not provided a criminal penalty for a violation of these regulations;

13. The City Council finds that preventing the direct exchange of money between Performers and Patrons also reduces the likelihood of drug and sexual transactions occurring in Adult-Oriented Businesses;

14. Requiring a 10 -FT separation between performers and patrons reduces the likelihood that these persons will negotiate narcotics sales, or negotiate for the purpose of engaging in sexual activities or obtaining sexual favors within the Adult-Oriented Businesses; and

15. Enclosed or concealed booths and dimly lit areas within Adult-Oriented Businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type that facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times and that adequate lighting be provided are necessary in order to reduce the opportunity for, and, therefore, the incidence of illegal conduct within Adult-Oriented Businesses, and to facilitate the inspection of th e interior of the premises thereof by law enforcement personnel.

C. Definitions. As used in these Adult-Oriented Business regulations, the following words, terms, and phrases are defined as follows:

1. Applicant. A person who is required to file an application for a registration certificate under these Adult -Oriented Business regulations, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult-Oriented Business.

2. Bar. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

3. Chief of Police. The Chief of Police of the City of Ontario or his or her designee.

4. City Council. The City Council of the City of Ontario.

5. Day. A calendar day and not business day. Whenever " day" is used to identify requirements of these Adult -Oriented Business regulations to be performed on a particular day, which day falls upon a holiday, Saturday or Sunday, the day for performance of the requirements 780
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Ontario Development Code Page 5.03-21 (Rev. 03.18.202508.19.2025) of these Adult -Oriented Business regulations will be the next business day after the holiday, Saturday or Sunday.

6. Distinguished or Characterized by an Emphasis Upon . The dominant or essential theme of the object described by the phrase. For example, when the phrase refers to films "which are distinguished or characterized by an emphasis upon "the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

7. Establishment of an Adult -Oriented Business. Means and includes any of the following:

a. The opening or commencement of any Adult -Oriented Business as a new business;

b. The conversion of an existing business, whether or not an Adult -Oriented Business, to any Adult-Oriented Business defined herein;

c. The addition of any of the Adult -Oriented Businesses defined herein to any other existing Adult-Oriented Business; or

d. The relocation of any Adult-Oriented Business.

8. Figure Model. Any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.

9. Health Officer. The Health Officer of the County of San Bernardino, or his or her duly authorized representative.

10. Nudity or State of Nudity. The showing of the human male or female genitals, pubic area, buttocks or anus with less than a full opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.

11. Patron. A customer of an Adult-Oriented Business.

12. Permit. Any permit or registration certificate issued pursuant to these Adult - Oriented Business regulations.

13. Permittee. Any person to whom an Adult -Oriented Business registration certificate is issued.

14. Person. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination thereof, in whatever form or character.

15. Regularly Features. With respect to an adult theater, adult cabaret, adult arcade or adult motion picture theater, a regular and substantial course of conduct. Performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities, occur on 2 or more occasions within a 30 day period; 3 or more 781
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(Rev. 03.18.202508.19.2025) Page 5.03-22 Ontario Development Code occasions within a 60 day period; or 4 or more occasions within a 180 day period shall, to the extent permitted by law, be deemed to be a regular and substantial course of conduct.

16. Religious Institution. A structure that is used primarily for religious worship and related religious activities.

17. School. Any child or daycare facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

18. Semi Nude or Semi-Nudity. State of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

19. Adult-Oriented Businesses. Any one of the following:

a. Adult Arcade. An establishment that, for any form of consideration, provides one or more still or motion picture projectors, or similar machines, for viewing by patrons and which shows films, computer generated images, motion pictures, video cassettes, slides, or similar photographic reproductions, more than 30 percent of which showings are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

b. Adult Bookstore. An establishment having a substantial and a significant portion of its business derived from the sale or rental of books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, or other form of visual or audio representations that are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or sexually oriented merchandise. The fact that more than 30 percent of the establishment inventory is composed of such materials, 30 percent of its floor area is devoted to such materials, or that 30 percent of its gross income is derived from such materials, or that the establishment advertises itself as "adult" in nature, shall, to the extent permitted by law, be evidence that the establishment is an "Adult Bookstore."

c. Adult-Oriented Business. Any business establishment or concern which operates as an Adult Bookstore, Adult Video Store, Adult Arcade, Adult Cabaret, Adult Theater, Adult Motion Picture Theater, Adult Motel, Escort Agency, Massage Establishment, Modeling Studio, Sexual Encounter/Rap Studio, Sexual Novelty Store or any other business or concern that regularly features or offers to its patrons as a substantial significant portion of its business, products, merchandise, services, or entertainment that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, but not including those uses or activities the regulation of which is preempted by State law. "Adult-Oriented Business " also includes any establishments, which as a regular and substantial course of conduct, provides or allows performers, models, or employees to appear in any public place dressed only in lingerie. "Adult-Oriented Business" does not include those uses, businesses or activities of licensed professionals who are otherwise exempt from classification as a "Massage Establishment" pursuant to this Development Code.

782
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Ontario Development Code Page 5.03-23 (Rev. 03.18.202508.19.2025) d. Adult Cabaret or Adult Theater. A nightclub, restaurant, or business establishment that regularly features live performances that are distinguished or characterized by an emphasis upon the display of specified sexual activities; regularly featured persons who appear semi-nude; or that s hows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

e. Adult Hotel or Motel. A hotel, motel, or similar business establishment offering public accommodations for any form of consideration, which provides patrons with closed circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for less than a 6-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

f. Adult Motion Picture Theater. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

g. 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.

h. Massage Establishment. An establishment having a fixed place of business where any person association, firm, or corporation engages in, conducts, or carries on or permits to be engaged in, conducted, or carried on, any business of giving Turkish, Russian, Swedish vapor, sweat, electric, salt, or any other kind of character of baths and where alcohol rubs, fomentations, baths, or manipulations of the body, or similar procedures, are given including acupressure clinics or establishments.

i. Modeling Studio. A business that regularly features, for pecuniary compensation, monetary, or other consideration, hire or reward figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling Studio" does not include schools maintained pursuant to standards set by the State Board of Education, or a studio or similar facility owned, operated or maintained by an individual artist or group of artists, that does not provide, permit, or make available " specified sexual activities."

20. Adult-Oriented Business Operator or Operator. A person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an Adult -Oriented Business, or the conduct or activities occurring on the premises thereof.

21. Adult-Oriented Business Performer or Performer. Any person who is an employee or independent contractor of the Adult-Oriented Business, and any person who, with or without any compensation or other form of consideration, performs live entertainment dressed in no more than a state of semi-nudity for patrons of an Adult-Oriented Business.

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22. Sexually Oriented Merchandise. Sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto-sucks, sexually oriented vibrators, edible underwear, ben- wah balls, inflatable orifices, anatomical balloons with orifices, simulated and battery -operated vaginas, and similar sexually oriented devices, or any other merchandise characterized by an emphasis on sexual activities or specified anatomical parts.

23. Sexually Oriented Merchandise. Sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto-sucks, sexually oriented vibrators, edible underwear, ben- wah balls, inflatable orifices, anatomical balloons with orifices, simulated and battery -operated vaginas and similar sexually oriented devices, or other merchandise characterized by an emphasis on sexual activities or specified anatomical parts.

24. Specified Anatomical Areas. Means and includes any of the following less than completely and opaquely covered human:

a. genitals or public region;

b. buttocks;

c. female breast below a point immediately above the top of the areola;

d. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

e. Any device, costume or covering that simulates any of the body parts included in Subparagraphs B.24.a or b, above.

25. Specified Sexual Activities. Means and include any of the following, whether performed directly or indirectly through clothing or other covering:

a. The fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breast;

b. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

c. Masturbation, actual or simulated; or

d. Excretory functions as part of or in connection with any of the other activities described in Subparagraphs B.25.a through c, above.

26. Studies. The studies and reports prepared by other cities and judicial rulings referred to in Paragraph B.1 herein of these Adult -Oriented Business regulations, including studies and reports prepared by the City relating to the adverse secondary impacts of existing Adult-Oriented Businesses.

D. Minimum separation and locational requirements.

1. No Adult-Oriented Business shall be located within 1,500 FT of any property located within a residential or mixed -use zoning district, or any property located within a residential or mixed-use land use district of an adopted Specific Plan.

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Ontario Development Code Page 5.03-25 (Rev. 03.18.202508.19.2025)

2. No Adult-Oriented Business shall be located within 1,000 FT of the following:

a. Any church, chapel, or similar place of worship, whether inside or outside of Ontario city limits;

b. Any school or daycare establishment, or public or private park or playground, whether inside or outside of Ontario city Limits;

c. Any retirement or convalescent hospital, whether inside or outside of Ontario city limits;

d. Any recreational facility, such as game arcade, bowling alley, skateboard rink, skating rink, or similar area where minors regularly congregate, whether inside or outside Ontario city limits;

e. City Hall, City offices, and other government buildings normally open to the public;

f. Libraries, whether inside or outside Ontario city limits; and

g. Any truck stops, whether inside or outside Ontario city limits.

3. No Adult-Oriented Business shall be located within 300 FT of another Adult-Oriented Business, whether inside or outside Ontario city limits;

4. For purposes of the regulations contained herein, all distances shall be measured in a straight line, without regard for intervening structures, from the nearest property line for which the Adult-Oriented Business is proposed to be located to the nearest property line of a use or district identified in these Adult-Oriented Business regulations.

E. Adult-Oriented Business Development and Performance Standards. The following development and performance standards shall be applicable to Adult-Oriented Businesses in the City:

1. No Adult -Oriented Business shall be operated in any manner that permits the observation of any materials or activities depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas from any public way or from any location o utside the building or area of such establishment. No Adult -Oriented Business shall be operated in any manner that permits the observation of any live performance depicting, describing or relating to specified sexual activities or semi- nudity from any public way, or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

2. All off-street parking area and premise entries of the Adult -Oriented Business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one footcandle of light, measu red on the parking surface or walkway. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the Adult-Oriented Business for the personal safety of patrons and employees, and to red uce the incidence of vandalism and criminal conduct.
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3. The premises within which the Adult -Oriented Business is located shall provide sufficient sound -absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way, or within any other building or other separate unit within the same building.

4. Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an Adult -Oriented Business shall be open for business only between the hours of 8:00 AM and 12:00 PM (midnight) on any particular day.

5. The building entrance to an Adult -Oriented Business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the Chief of Police.

No person under the age of 18 years shall be permitted within the premises at any time.

6. All indoor areas of the Adult-Oriented Business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

7. Any Adult -Oriented Business that is also an Adult Arcade that provides viewing area(s), shall comply with the following additional requirements:

a. Each Adult Arcade shall have at least one manager's station. It shall be the duty of the operator(s) to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the Adult Arcade.

b. The interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the Adult Arcade to which any patron is permitted access for any purpose, excluding restrooms. If the Adult Arcade has two or more manager's stations designated, then the interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view of each area of the Adult Arcade to which any patron is permitted access for any purpose, exc luding restrooms, from at least one of the manager's stations. The view required by this Subparagraph shall be by direct line of sight from the manager's station. There shall be a security system that visually records each viewing booth at all times that the business is open or occupied for business.

c. It shall be the duty of the operator(s) and also the duty of all employees present in the Adult Arcade to ensure that the individual viewing areas remain unobstructed by any doors, walls, persons, merchandise, display rack or other materials at all times a nd to ensure that no patron is permitted access to any area of the Adult Arcade that has been designated as an area in which patrons will not be permitted.

d. No individual viewing area may be occupied by more than one person at any one time. "Individual viewing area " shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the Adult Arcade shall be operated and maintained without any hole or other opening, or means of direct communication, or visual or physical access between the interior spaces of two or more Individual viewing areas.

e. No individual viewing area shall contain booths, stalls, or partitioned portions of individual viewing area used for the viewing of sexually oriented material or other forms of entertainment having doors, curtains, or portal partitions, unless the individu al viewing areas containing booths, stalls, or partitioned portions have at least one side open to the manager 's station and is visible to the manager 's station. Any booth, stall, or partitioned portion of an 786
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Ontario Development Code Page 5.03-27 (Rev. 03.18.202508.19.2025) individual viewing area authorized under this subparagraph shall be constructed to allow 12 inches of open space between the bottom of the stall or partition and the floor. The open space shall remain unobstructed at all times.

f. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, but such lighting shall not be of an intensity as to prevent the viewing of the sexually oriented material.

g. It shall be the duty of the operator(s) and all employees present at the Adult Arcade to ensure that the illumination described in Subparagraph E.7.f, above, is maintained at all times that any patron is present in the Adult Arcade.

h. The floors, seats, walls, and other interior portions of all booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls.

8. All areas of the Adult -Oriented Business that are accessible to the public shall be illuminated at the following minimum footcandles, which shall be minimally maintained and evenly distributed at ground level, pursuant to Table 5.03 -2 (Minimum Lighting Requirements for Adult-Oriented Businesses), below.

Table 5.03-2: Minimum Lighting Requirements for Adult-Oriented Businesses Area Minimum Foot-Candles
Bookstores and other retail establishments: 20
Theaters and cabarets (except during performances, at
which time lighting shall be at least 1.25 foot-candles): 5 Arcades: 10
Motels/Hotels (in public areas): 20
Modeling Studios: 20

9. Patrons and employees shall not use the same restrooms. The Adult -Oriented Business shall provide and maintain separate restroom facilities for male patrons and employees, on the one hand, and female patrons and employees, on the other. Male patrons and employees shall be prohibited from entering any restroom for females, and female patrons and employees shall be prohibited from entering any restroom for males, except when an employee carries out duties of repair, maintenance, or cleaning of the restroom facilities. All restrooms shall be free from any sexually oriented materials. No restrooms shall contain television monitors or other motion picture or video projection, computers, recording, or reproduction equipment. The foregoing provisions of this Paragraph shall not apply to an Adult -Oriented Business that deals exclusively with sale or rental of sexually oriented materials that are not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store, and which does not provide restroom facilities to its patrons or the public.

10. The following additional requirements shall pertain to Adult -Oriented Businesses that provide live performances in Adult Cabarets or Adult Theaters:

a. No person shall perform live entertainment for patrons of an Adult-Oriented Business except upon a stage at least 2 FT above the level of the floor, which is separated by a distance of at least 10 FT from the nearest area occupied by patrons, and no Patron shall be 787
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b. The Adult-Oriented Business shall provide separate dressing room facilities for performers that are exclusively dedicated to the performers ' use. No public access shall be permitted to any dressing room facility.

c. The Adult -Oriented Business shall provide an entrance and exit for performers that is separate from the entrance and exit used by patrons.

d. The Adult -Oriented Business shall provide access for performers between the stage and dressing rooms, which are completely separated from the patrons. If separate access is not physically feasible, the Adult -Oriented Business shall provide a minimum 3 -FT wide walk aisle for performers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the performers capable of, and which actually results in, preventing any physical contact on the premises of the Adult-Oriented Business.

e. No performer, either before, during, or after performances, shall have any physical contact with any Patron, and no patron shall have physical contact with any performer before, during, or after performances by a performer. This Subparagraph shall only apply to physical contact on the premises of the Adult-Oriented Business.

f. Fixed guardrails at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by the herein -stated Adult-Oriented Business Development and Performance Standards.

g. No patron shall directly pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron.

11. No operator, owner, or other person with managerial control over an Adult - Oriented Business shall permit any person on the premises of an Adult-Oriented Business to engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. Notwithstanding any other penalties that may be provided in this Development Code or the Ontario Municipal Code, a violation of this Subparagraph shall be grounds for revocation of an Adult-Oriented Business registration certificate.

12. No Adult -Oriented Business performer on the premises of an Adult -Oriented Business shall engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the spe cified anatomical areas required to be covered. Notwithstanding any other penalties that may be provided in this Development Code or the Ontario Municipal Code, a violation of this Subparagraph shall be grounds for revocation of an Adult -Oriented Business registration certificate.

13. Adult-Oriented Businesses shall employ security guards in order to maintain the public peace and safety, and to prevent any illegal activity from occurring on the premises, based upon the following standards:

a. Adult-Oriented Businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is 788
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b. Security guards for other Adult -Oriented Businesses may be required if it is determined by the Chief of Police that their presence is necessary in order to maintain public peace and safety, and to prevent any illegal activity from occurring on the premises .

c. Security guards shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Each security guard shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this Subparagraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occup ant of the manager's station while acting as a security guard.

14. The Adult-Oriented Business shall provide a security system that visually records and monitors all parking lot areas at all times that the business is open or occupied for business.

15. Views of parking areas and doorways of Adult -Oriented Businesses shall be unobstructed so as to allow visibility of these areas from public rights-of-way.

16. The Adult-Oriented Business shall comply with the City's sign regulations.

17. The Adult -Oriented Business shall comply with the development, parking, and design requirements of the underlying zone for the specific underlying use. All exterior areas of an Adult-Oriented Business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner.

F. Employment of and Services Rendered to Persons Under the Age of 18 Years Prohibited.

1. It shall be unlawful for any operator or other person in charge of any Adult-Oriented Business to employ any person who is not at least 18 years or age.

2. It shall be unlawful for any operator or other person in charge of any Adult-Oriented Business to permit to enter, or remain within the Adult -Oriented Business, any person who is under the age of 18.

G. Inspection and Operators. All operators shall permit the Chief of Police, representatives of the San Bernardino County Health Department, and the City of Ontario Fire Department to conduct unscheduled inspections of the premises of the Adult -Oriented Business for the purpose of in suring compliance with the laws, and the development and performance standards applicable to Adult-Oriented Businesses at any time it is occupied or opened for business.

H. Regulations Nonexclusive. The provisions of this Development Code regulating Adult - Oriented Businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council.

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5.03.020: Air Transportation

A. Site and Building Development Standards within the ONT (Ontario International Airport) Zoning District. To facilitate the further development of Ontario International Airport and surrounding properties directly impacted by airport operations , all development within the ONT zoning district shall be designed and constructed pursuant to the site and development standards of the IG zoning district, except as follows:

1. The FAR calculation for development projects within the ONT zoning district shall be based on the ratio of gross cumulative building area to overall land area of the ONT zoning district; and

2. The Planning Director shall have the authority to approve deviations from minimum landscape coverage, minimum building setbacks, and maximum building height standards when it can be found and clearly established that such deviation is necessary due to identified site conditions.

B. Helipads/Heliports. Within the CR, IG, and IH zoning districts, helipad/heliport facilities shall be allowed only in conjunction with a permitted or conditionally permitted land use. Standalone helipad/heliport facilities shall be prohibited, except within the ONT zoning district .

5.03.023: Alcoholic Beverage Manufacturing

The following regulations shall govern the establishment and operation of alcoholic beverage manufacturing uses and activities, as follows:

A. Alcoholic Beverage Manufacturing in the MU -1 (Downtown Mixed Use) Zoning District.

Alcoholic beverage manufacturing facilities established w ithin LUA-1, LUA-2 North, and LUA-2 South areas of the MU-1 zoning district shall comply with the following:

1. Land use approval shall be subject to the approval of an Administrative Use Permit pursuant to the requirements of Section 4.03.015 (Administrative Use Permits) of this Development Code;

2. The GFA of an alcoholic beverage manufacturing facility shall be less than 10,000 SF;

3. An alcoholic beverage manufacturer shall not be permitted unless the licensed alcoholic beverage manufacturer also sells alcoholic beverages to consumers for consumption on the premises, within a tasting room that complies with Subsection D of this Section, or in a bona fide restaurant that is located on the licensed premises, or at a bona fide restaurant that is contiguous to the licensed premises;

4. No video, electronic or other amusement devices or games shall be permitted;

5. Outdoor storage in conjunction with an alcoholic beverage manufacturer shall be prohibited.

B. Sewer Study May Be Required for Alcoholic Beverage Manufacturers in the MU -1 (Downtown Mixed Use) Zoning District. Alcoholic beverage manufacturing facilities established within the CC, CR and CCS zoning districts shall comply with the following:

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1. Land use approval shall be subject to the approval of a Conditional Use Permit pursuant to the requirements of Section 4.0 2.015 (Conditional Use Permits) of this Development Code;

2. The GFA of an alcoholic beverage manufacturer shall be less than 10,000 SF;

4. No video, electronic or other amusement devices or games shall be permitted.

5. Outdoor storage in conjunction with an alcoholic beverage manufacturer shall be prohibited.

C. Conditional Use Permit Required for Tasting Rooms in the IL (Light Industrial), IG (General Industrial) and IH (Heavy Industrial) Zoning Districts. Within the IL, IG and IH zoning districts, the establishment of a tasting room in conjunction with an alcoholic beverage manufacturer shall require the approval of a Conditional Use Permit pursuant to the requirements of Section 4.02.015 (Conditional Use Permits) of this Development Code. Tasting rooms shall be designed in compliance with the requirements of Subsection D of this Section.

D. Tasting Rooms Not to Exceed 1,000 SF Unless Otherwise Permitted by a Conditional Use Permit. A tasting room shall not exceed 1,000 SF in area, except that within the MU-1 zoning district, tasting rooms in excess of 1,000 SF may be permitted by Conditional Use Permit approval. The tasting room floor area shall include any indoor area within the alcoholic beverage manufacturing licensed premises where alcoholic beverages are consumed, including any bar and seating areas, but shall exclude restrooms serving the tasting room and any outdoor patio areas. Outdoor patio areas may be permitted, provided they are not located in any required parking space or access way, and do not exceed 1,000 SF in total area.

E. Use of Grain Silos. A grain silo may be located outside of a building occupied by an alcoholic beverage manufacturing use, which shall comply with the following:

1. The grain silo shall not be located in any required parking space, driveway or drive aisle, or situated so as to adversely affect the pedestrian path of travel.

2. One sign identifying the alcoholic beverage manufacturing use may be placed on the grain silo, having a maximum area of 9 SF. The silo sign is permitted in addition to any wall signs or monument signs allowed pursuant to Table 8.01 -1 (Sign Regulation Matrix) of this Development Code.

F. Outdoor Utility Equipment Shall Be Completely Screened. Outdoor utility equipment associated with an alcoholic beverage manufacturing use shall be completely screened from public view.

G. Property Shall Be Permanently Maintained. The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within 24 hours from the time of occurrence.
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H. Roof-Mounted or Ground-Mounted Mechanical Equipment Shall Be Completely Screened.

Any proposed roof -mounted or ground- mounted mechanical equipment shall be completely screened from public view. Equipment screening information shall be specifically shown on the plans submitted for building permit issuance.

I. Security Plan Required. A security plan, in a form satisfactory to the Ontario Police Department, shall be submitted to and approved by the Police Chief prior to building permit issuance. The security plan shall be formulated to deter unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding land uses and the neighborhood in general, by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer 's licensed premises.

J. On-Site Lighting Required to Provide a Safe and Secure Environment. Parking lots, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings occupied by an alcoholic beverage manufacturing use shall be provided with enough lighting to illuminate and make clearly visible, the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness, and shall provide a safe and secure environment for all persons, property, and vehicles on and around the premises.

K. Admission Fee, Cover Charge, and Minimum Purchase Requirements. It shall be unlawful to require the payment of an admission fee or cover charge or require a minimum purchase.

L. Alcoholic Beverage Signs Required. Signs shall be posted inside the business, near the exit door, which states "NO ALCOHOLIC BEVERAGE ALLOWED BEYOND THIS POINT."

M. Maximum Occupancy Load Shall Not Be Exceeded. The number of persons shall not exceed the maximum occupancy load as determined by the Ontario Fire Department. Signs indicating the maximum occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room.

N. No Live Entertainment or Dancing Permitted without First Obtaining Land Use Approval.

There shall be no live entertainment or dancing permitted on the alcoholic beverage manufacturer's licensed premises at any time, without first obtaining land use approval for the activities pursuant to the requirements of this Development Code.

O. Display of Alcoholic Beverages. The display of alcoholic beverages shall not be located outside of a building or within 5 FT of any public entrance to the building.

P. Alcoholic Beverages Distributed By Competing Alcoholic Beverage Manufacturers Shall Not Be Served. An alcoholic beverage manufacturer shall not serve brands of alcoholic beverages distributed by a competing alcoholic beverage manufacturer. 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.

5.03.025: Alcoholic Beverage Sales

A. Purpose. The purpose of this Section is to establish standards governing the establishment and operation of alcoholic beverage sales within the City. 792
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B. Applicability.

1. Conditional Use Permit and/or Administrative Use Permit Required.

a. The retail sales of alcoholic beverages, whether intended for consumption on or off the premises wherein the beverage is sold, shall require the approval of a Conditional Use Permit pursuant to Development Code Section 4.02.015 (Conditional Use Permit), or the approval of an Administrative Use Permit pursuant to Development Code Section 4.03.015 (Administrative Use Permits), as applicable, prior to the establishment of the use, excepting temporary alcoholic beverage sales allowed by Paragraph B.2, of this Section.

b. The violation of any provision of this Section shall be grounds for, and may result in, the modification or revocation of such Conditional Use Permit by the City, pursuant to Division 2.05 (City Initiated Modification or Revocation) of this Development Cod e.

c. A Conditional Use Permit and/or Administrative Use Permit for alcoholic beverage sales may be granted only in conjunction with, and shall be ancillary to, those legally established land uses identified in Subsections D (Alcoholic Beverage Sales for Consumption on the Premises) and E (Alcoholic Beverage Sales for Consumption off the Premises) of this Section.

2. Alcoholic Beverage Sales and/or Tasting in Conjunction with a Temporary Activity.

Temporary alcoholic beverage sales and/or tasting may be allowed, provided an Administrative Use Permit issued pursuant to Section 4.03.015 (Administrative Use Permit) of this Development Code is first obtained prior to the establishment of the temporary activity, and the temporary activity is in full compliance with Subsection D (Temporary Alcoholic Beverage Sales) of Section

5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) of this Division.

3. Undue Concentration of Alcoholic Beverage Licenses within a Census Tract . A Conditional Use Permit for the retail sale of alcoholic beverages shall not be issued for a business located within a census tract that has been determined to contain an undue concentration of alcoholic beverage licenses, as defined in BPC Section 23958.4, unless a determination of public convenience or necessity is made by the Reviewing Authority pursuant to Subsection F (Public Convenience or Necessity Determination) of this Section.

C. Compliance with State of California Department of Alcoholic Beverage Control (ABC) Regulations. Any business engaging in the retail sales of alcoholic beverages shall first obtain the appropriate retail license from ABC and shall operate such business in strict compliance with the Alcoholic Beverage Control Act (commencing with BPC Section 23000 et seq.), and all applicable ABC rules, regulations, and orders.

D. Alcoholic Beverage Sales for Consumption on the Premises (On -Sale Alcoholic Beverage Sales). On-sale alcoholic beverage sales comprises 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, but are not limited to, bars, brew pubs, nightclubs, wine bars, and restaurants that serve alcoholic beverages.

Establishments engaged in on -sale alcoholic beverage sales shall comply with the following:

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1. Conditional Use Permit approval shall be required for an on -sale alcoholic beverage sales activity, and/or for the on premise tasting of any alcoholic beverage in conjunction with a legally established and ABC-licensed wine grower, beer manufacturer, brandy manufacturer, or distilled spirits manufacturer, except that within the MU -1 (Historic Downtown Mixed Use) zoning district, Administrative Use Permit approval shall be obtained from the City prior to establishing an on-sale alcoholic beverage sales use or activity.

2. Any business engaged in on -sale alcoholic beverage sales or on -premises tasting of any alcoholic beverage in conjunction with a legally established and ABC -licensed wine grower, beer manufacturer, brandy manufacturer, or distilled spirits manufacturer, sha ll not allow any alcoholic beverage to be consumed outside of the enclosed building, except within an outdoor area that has been designed to be separated from direct public contact/access by a wall, fence or other barrier acceptable to the City. The design of said outdoor area and required wall, fence or other barrier shall be subject to review and approval by the Planning Director and Police Chief.

E. Alcoholic Beverage Sales for Consumption off the Premises (Off -Sale Alcoholic Beverage Sales). Off-sale alcoholic beverage sales comprises 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, but are not limited to, convenience stores, grocery stores, and liquor stores.

Establishments engaged in off -sale alcoholic beverage sales shall comply with the following:

1. Conditional Use Permit approval shall be required for off -sale alcoholic beverage sales.

2. Establishments engaged in the concurrent sale of motor vehicle fuel with alcoholic beverage sales shall comply with all of the following conditions pursuant to BPC Section 23790.5:

a. No beer or wine shall be displayed within 5 FT of the cash register or the front door unless it is in a permanently affixed cooler.

b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands;

c. No sale of alcoholic beverages shall be made from a drive-up window;

d. No display or sale of beer or wine shall be made from an ice tub;

e. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows; and

f. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age.

3. The on-premises consumption of an alcoholic beverage shall be prohibited.

F. Public Convenience or Necessity Determination. BPC Section 23958.4 provides that the City shall have authority to review a retail alcoholic beverage license application proposed within 794
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Ontario Development Code Page 5.03-35 (Rev. 03.18.202508.19.2025) an area having an "undue concentration" (high density of alcoholic beverage sales locations) of licenses; determine whether public convenience or necessity would be served by license issuance; and inform ABC of the determination.

1. Purpose. The purpose of this Subsection is to establish a procedure by which the public convenience or necessity may be determined, as provided by State law, and establish the criteria by which the determination shall be made.

2. Applicability. In considering a Conditional Use Permit or Administrative Use Permit (as applicable) application for alcoholic beverage sales, it shall be the responsibility of the Reviewing Authority prescribed by Table 2.02 -1 (Review Matrix) of this Development Code, to make a determination of public convenience or necessity, if required pursuant to this Subsection.

3. Determining Public Convenience or Necessity for On -Sale Alcoholic Beverage Sales Licenses . Within a census tract having an undue concentration of on -sale ABC licenses, whether the public convenience or necessity would be served by an ABC license issuance shall be determined as follows:

a. Alcoholic Beverage License Issuance in Conjunction with a Bona Fide Restaurant. The issuance of an alcoholic beverage license in conjunction with a bona fide restaurant is hereby deemed to be provided as convenience to business patrons. The Reviewing Authority shall, therefore, establish that the public convenience would be served by the issuance of an ABC license in such cases;

b. All Other On -Sale Alcoholic Beverage Licenses. For all other on -sale alcoholic beverage licenses, the Approving Authority shall determine whether public convenience or necessity would be served by ABC license issuance on a case -by-case basis, upon a thorough review of the facts pertaining to the proposed use.

4. Criteria for Determining Public Convenience or Necessity for Off -Sale Alcoholic Beverage Sales Licenses . Within a census tract having an undue concentration of off -sale ABC licenses, the City desires to strike a balance between the number of off-sale ABC licenses and the convenience of business patrons. Consequently, the Approving Authority is hereby grante d authority to make determinations of public convenience and necessity, and shall rely upon the following factors in making such determinations:

a. The proposed retail alcohol license is not located within a high crime area, which is defined as an area characterized by a high ratio of Police Department calls for service to alcohol-related incidences, not to exceed 20 percent greater than the average n umber of alcohol-related incidences reported for the City as a whole), including but not limited to disturbing the peace, public intoxication, assault and battery, prostitution, vandalism, graffiti, loitering, pan - handling, all BPC violations, drug violations, and driving while intoxicated or under the influence;

b. The proposed retail alcohol license is not located within close proximity (600 FT or less, as measured in a straight line from any point along the outer boundaries of the building GFA containing the business) of an existing or proposed sensitive land use (as provided in BPC Section 23789), including hospitals and other healthcare facilities; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate;

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(Rev. 03.18.202508.19.2025) Page 5.03-36 Ontario Development Code c. The anticipated amount (percentage) of retail sales to be derived from alcoholic beverages is clearly incidental to the primary land use, making -up no more than one - third of anticipated gross retail sales;

d. If the business for which the retail alcoholic beverage license application is proposed is a grocery store, it shall contain at least 12,000 SF of GFA;

e. No more than 10 percent of the retail business ' GFA shall be devoted to alcoholic beverage display and sale;

f. At least 10 percent of the retail business ' GFA shall be devoted to food display and sales. (Note: Food preparation areas shall not be counted toward the food sales floor area calculation); and

g. The building or property wherein the proposed business is located has no outstanding building or health code violations, is not an active Code Enforcement Department case, and complies with applicable Development Code regulations, including but not limited to property maintenance, building improvements, off -street parking (design and number of spaces provided), and landscape and lighting improvements.

5. Criteria for Determining Public Convenience or Necessity for Off -Sale Alcoholic Beverage Sales in Conjunction with Alcoholic Beverage Manufacturing Uses. Within a census tract having an undue concentration of off -sale ABC licenses, the Reviewing Authority is hereby granted authority to make determinations of public convenience and necessity for off -sale alcoholic beverage sales in conjunction with an alcoholic beverage manufacturing uses, and shall rely upon the following factors in making such determinations:

a. The proposed alcoholic beverage manufacturing use is not located within a high crime area, which is defined as an area characterized by a high ratio of Police Department calls for service to alcohol-related incidences, not to exceed 20 percent greater than the average number of alcohol-related incidences reported for the City as a whole), including but not limited to disturbing the peace, public intoxication, assault and battery, prostitution, vandalism, graffiti, loitering, pan-handling, all BPC violations, drug violations, and driving while intoxicated or under the influence;

b. The proposed retail alcohol license is not located within close proximity (600 FT or less, as measured in a straight line from any point along the outer boundaries of the building GFA containing the business) of an existing or proposed residential or sensitive land use (as provided in BPC Section 23789), including hospitals and other healthcare facilities; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate;

c. The retail sales of alcoholic beverages is ancillary to the primary alcoholic beverage manufacturing use; and

d. The building or property wherein the proposed business is located has no outstanding building or health code violations, is not an active Code Enforcement Department case, and complies with applicable Development Code regulations, including but not limited to property maintenance, building improvements, off -street parking (design and number of spaces provided), and landscape and lighting improvements.

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Ontario Development Code Page 5.03-37 (Rev. 03.18.202508.19.2025) G. Deemed Approved Alcoholic Beverage Sales Regulations. The provisions of this Subsection shall be known as the Ontario Deemed Approved Alcoholic Beverage Sales Regulations.

1. Purpose. The general purposes of the Deemed Approved Alcoholic Beverage Sale Regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the citizens of the City by requiring that alcoholic beverage sales commercial activities that were legal nonconforming Activities immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations are operated to achieve the following objectives:

a. Protect residential, commercial, industrial, and civic areas from nuisance, and minimize the adverse impacts of nonconforming and incompatible uses;

b. Provide opportunities for Alcoholic Beverage Sale Activities to operate in a mutually beneficial relationship to each other, and to other commercial and civic services;

c. Provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior, and escalated noise levels;

d. Assure that Alcoholic Beverage Sale Commercial Activities are not the source of undue public nuisances in the community;

e. Encourage properly maintained alcoholic beverage sale establishments so that negative impacts generated by these activities are not harmful to the surrounding environment in any way; and

f. Monitor deemed approved activities to ensure they do not substantially change in mode or character of operation.

2. Applicability.

a. The Deemed Approved Alcoholic Beverage Sale regulations shall be applicable, to the extent permissible under other laws, to the following:

(1) All Legal Nonconforming Alcoholic Beverage Sale Commercial Activities within the City;

(2) The Nonconforming Use provisions contained in Division 3.01 (Nonconforming Lots, Uses, Structures, and Signs) of this Development Code; and

(3) A Conditional Use Permit operated pursuant to its conditions of approval.

b. Whenever any provision of the Deemed Approved Alcoholic Beverage Sale regulations and any other provision of law, whether set forth in this Development Code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, the provision that is more restrictive, or imposes a higher standard, shall control, except as otherwise expressly provided by the Deemed Approved Alcoholic Beverage Sale Regulations.

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3. Zoning Administrator. The Zoning Administrator shall conduct public hearings and make recommendations intended to encourage and achieve the compliance of particular sites with the provisions of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section, as appropriate. This Paragraph is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies, in the field of monitoring and ensuring the harmony of Alcoholic Beverage Sale Commercial Activitie s in the City. These parties shall have the powers and duties assigned to them by the Development Code, by the zoning regulations, by other codes and ordinances, or by valid administrative authority.

4. Definitions. For the purposes of this Section, the words or phrases listed below, in correct alphabetical order, shall have the meanings hereafter specified:

a. Alcoholic Beverage. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains 0.5 percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed, or combined with other substances, and sales of which requires an ABC license.

b. Alcoholic Beverage Sales Commercial Activity. The retail sale, for on-site or off-site consumption, of liquor, beer, wine, or other alcoholic beverages at establishments including but not limited to stores, liquor stores, specialty wine shops, restaurants, restaurant/bars, bars, taverns, brew pubs, cabarets, and businesses with temporary or permanent licenses from ABC to sell alcoholic beverages to the general public.

c. Deemed Approved Activity. Any Legal Nonconforming Alcoholic Beverage Sales Commercial Activity, as defined in this section, where the activity was in existence immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Sect ion. These activities shall be considered a Deemed Approved Activity as long as the establishment conducting the Deemed Approved Activity complies with the provisions of the Deemed Approved Alcoholic Beverage Sale Regulations set f orth in this Section.

d. Deemed Approved Status. The permitted use of land for a Deemed Approved Activity. Deemed Approved Status replaces legal nonconforming status with respect to Alcoholic Beverage Sales Commercial Activity.

e. Illegal Activity. An activity that has been finally determined to be in noncompliance with the Deemed Approved performance standards contained in Paragraph G.6 (Performance Standards and Deemed Approved Activities ), of this Section. Such an activity shall lose its Deemed Approved Status and shall no longer be considered a Deemed Approved Activity.

f. Legal Nonconforming Alcoholic Beverage Sales Commercial Activity (Legal Nonconforming Activity). An Alcoholic Beverage Sales Commercial Activity that was a nonconforming use pursuant to the Nonconforming Use regulations contained in Division 3.01 (Nonconforming Lots, Uses, Structures, and Signs) of this Development Code, and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license, at a time immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations. The Activity shall be considered a Deemed Approved Activity, and shall no longer be considered a Legal Nonconforming Activity, except the Activity shall be subject to those zoning regulations relating to nonconforming uses as specified in Division 3.01 (Nonconforming Lots, Uses, Structures, and Signs), as of the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations.
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g. Low-End Fortified Wine. A class of inexpensive fortified wines. In contrast to table wine, which may be enjoyed as an accompaniment to a meal, or high -end fortified wine, enjoyed as an aperitif, low -end fortified wines are generally considered suitable only for intoxication.

h. Off-Sale Alcohol Outlet. An establishment that conducts retail sales of Alcoholic Beverages for consumption off the premises where sold.

i. On-Sale Alcohol Outlet. An establishment that conducts retail sales of Alcoholic Beverages for consumption on the premises where sold.

j. Performance Standards. Regulations prescribed in the Deemed Approved Performance Standards contained in Paragraph G.6 (Performance Standards and Deemed Approved Activities) of this Section , regulating the business practice, activities and land use for locations with Deemed Approved Status, or those further requirements imposed by the Zoning Administrator to achieve these goals. Performance Standards constitute requirements that shall be complied with by an establishment in order for the establishment to ret ain its Deemed Approved Status.

k. Premises. The building and land surrounding it considered as a single business engaged in Alcoholic Beverage Sales Activities. The premises shall include parking areas, outdoor patios and similar features.

l. Supplemental Conditions of Approval. Those requirements imposed by the Zoning Administrator following a public hearing conducted pursuant to the provisions of Paragraph G.8 ( Violations of Performance Standards, Supplemental Conditions of Approval, or Other Provisions of this Article—Public Hearing) et seq. of this Section. Supplemental Conditions of Approval constitute requirements that shall be complied with by an establishment in order for the establishment to retain its Deemed Approved Status.

5. Automatic Deemed Approved Status.

a. All Alcoholic Beverage Sales Commercial Activities that were Legal Nonconforming Activities immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations shall automatically become Deemed Approved Activities as of the effective date of the Deemed Approved Alcoholic Beverage Sale regulations and shall no longer be considered Legal Nonconforming Activities.

b. Each establishment with Deemed Approved Status shall retain its Deemed Approved Status; provided, it complies with the Deemed Approved performance standards as set forth in Paragraph G.6 ( Performance Standards and Deemed Approved Activities ) of this Section, or as promulgated by the Zoning Administrator. However, any change in the State Department of Alcoholic Beverage Control license type, revocation of the ABC license, or a substantial physical change of character of the establishment, as defined in CCR T itle 4, Section

64.2(b), shall terminate the Deemed Approved Status for the establishment and shall thereafter require a Conditional Use Permit or other applicable entitlements allowing Alcoholic Beverage Sales Commercial Activity to continue the activity.

c. If any establishment with Deemed Approved Status discontinues operation, is suspended from operations, or surrenders the premises for more than 90 consecutive days, the Deemed Approved Status is subject to revocation per the requirements of Division 3.01 799
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(Rev. 03.18.202508.19.2025) Page 5.03-40 Ontario Development Code (Nonconforming Lots, Uses, Structures, and Signs) of this Development Code. Any subsequent Alcoholic Beverage Sales Commercial Activity may only be resumed upon the granting by the City of a Conditional Use Permit allowing such Activity. Revocation of Deemed Approved Status pursuant to this Section may be made following a public hearing by the Zoning Administrator pursuant to the provisions of Paragraph G.8 (Violations of Performance Standards, Supplemental Conditions of Approval or Other Provisions of this Article – Public Hearing) et seq. of this Section.

6. Performance Standards and Deemed Approved Activities . A Deemed Approved Activity shall retain its Deemed Approved Status only if it conforms to each of the following Deemed Approved Performance Standards:

a. The Deemed Approved Activity shall not result in adverse impacts to the health, peace or safety of persons residing or working in the surrounding area;

b. The Deemed Approved Activity shall not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;

c. The Deemed Approved Activity shall not result in nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, sales to minors, curfew violations, lewd conduct, or police detentions and arrests;

d. The Deemed Approved Activity shall comply with all applicable provision of any local, state, or federal regulation, ordinance or statute, including but not limited to those of the ABC, BPC Sections 24200, 24200.6 and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual City business taxes and alcohol sales administrative program fees imposed pursuant to the OMC; and

e. The upkeep and operating characteristics of the Deemed Approved Activity shall be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

7. Notification to Owners of Establishments Conducting Deemed Approved Activities.

The Zoning Administrator shall notify the owner of each establishment conducting a Deemed Approved Activity, and the property owner, if different from t he Deemed Approved Activity , of the establishment 's Deemed Approved Status. The notice shall be sent via certified mail return receipt requested; shall include a copy of the performance standards contained in Paragraph G.6 (Performance Standards and Deemed Approved Activities), above, with the requirement that these be posted in a conspicuous and unobstructed place, which is visible from the entrance of the establishment for public review; notification that the establishment is required to comply with all performance standards; that a review fee is required, as adopted by separate resolution of the City Council, and the amount of the fee that is required to be paid; and that the activity is required to comply with all other aspects of the Deemed Approved Alcoholic Beverage Sale Reg ulations.

Should the notice be returned, it shall then be sent via regular U.S. Mail.

8. Violations of Performance Standards, Supplemental Conditions of Approval or Other Provisions of this Article—Public Hearing.

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Ontario Development Code Page 5.03-41 (Rev. 03.18.202508.19.2025) a. Upon receipt of a complaint that an establishment conducting a Deemed Approved Activity is in violation of the Performance Standards set forth in Paragraph G.6 (Performance Standards and Deemed Approved Activities ) of this Section , or other conditions promulgated by the Zoning Administrator, or any other provision of these Deemed Approved Alcoholic Beverage Sales Regulations, and once it is reasonably determined by the City that the violations have occurred, or are occurring, then the Deemed Approved Status of the establishment in question shall be reviewed by the Zoning Administrator at a public hearing.

Notification of the public hearing shall be provided pursuant to Paragraph G.10 (Notification of Public Hearing) of this Section.

b. The purpose of the public hearing is for any interested party to submit evidence to the Zoning Administrator concerning whether the operating methods of the establishment conducting the Deemed Approved Activity is violating the Performance Standards, Supplemental Conditions of Approval, other provisions of these Deemed Approved Alcoholic Beverage Sales Regulations, or are causing a nuisance in the area surrounding the establishment.

Within 10 days of completion of the hearing, the Zoning Administrator shall render a written decision. The Zoning Administrator's decision may allow the Deemed Approved Status to continue for the establishment in question, to impose Supplemental Conditions of Approval pursuant to Paragraph G.9 (Supplemental Conditions of Approval) of this Section, that are, in the judgment of the Zoning Administrator, necessary to ensure compliance with the Performance Standards or the provisions of these Deemed Approved Alcoholic Beverage Sales Regulations , or to suspend or revoke the establishme nt's Deemed Approved Status. The decision of the Zoning Administrator shall be based upon information and evidence submitted by staff, evidence submitted by the business establishment owner and evidence submitted by any other interested parties.

Supplemental Conditions of Approval shall be made a part of the Deemed Approved Status, and the establishment shall be required to comply with these Supplemental Conditions of Approval in order to retain its Deemed Approved Status. The determination of the Zoning Ad ministrator shall become final 10 calendar days after the date of decision, unless appealed to the Planning Commission pursuant to Division 2.04 (Appeals) of this Development Code.

9. Supplemental Conditions of Approval.

a. The Zoning Administrator may impose Supplemental Conditions of Approval relating to one or more of the following (may not apply to Wineries with a Type 02 ABC license):

(1) Entertainment uses, activities, or amusement devices on the premises;

(2) Separation, monitoring, or design of area devoted to alcohol sales;

(3) Security measures for both the interior and exterior of the premises;

(4) Lighting, litter, trash receptacles, graffiti or nuisance abatement, or other similar requirements; or

(5) Maintenance.

b. Specific Supplemental Conditions of Approval that may be imposed, include, but are not limited to, the following:

(1) Sound Walls. If the Deemed Approved Activity abuts residential areas, a sound wall may be required between the establishment conducting the Deemed 801
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(Rev. 03.18.202508.19.2025) Page 5.03-42 Ontario Development Code Approved Activity and the abutting residential areas. The sound wall shall comply with all state and local requirements for construction and location and shall not obstruct the view of the building and parking areas from the street. Vegetation may be required to be planted along the sound wall to improve the appearance of the sound wall.

(2) Trash Receptacles. Permanent, non -flammable trash receptacles, may be required to be located at convenient locations, appropriately screened from view, outside the establishment and in the establishment 's parking area (if any). The operators of the business may be required to remove on a daily basis, or more frequently if needed to maintain a litter-free environment, all trash from these receptacles and from the sidewalk adjacent to the establishment. The operators of the business also may be required to remove, at least three times per week, all trash originating from its establishment deposited on public property within 250 FT of any boundary of its premises.

(3) Pay Telephones. Pay telephones on the site of the establishment may either be (a) prohibited; or (b) required to be of the type that only allow outgoing calls and be located in a visible and well-lighted location.

(4) Program. A "complaint response -community relations " program established and maintained by the establishment conducting the Deemed Approved Activity may be required. The program may include the following:

(a) Posting at the entry of the establishment providing the telephone number for the area commander of the local law enforcement substation to any requesting individual.

(b) Coordinating efforts with the Police Department to monitor community complaints about the establishment's activities.

(c) Having a representative of the establishment meet with neighbors or the applicable neighborhood association on a regular basis and at their request, attempt to resolve any neighborhood complaints regarding the establishment.

(5) Activities. If appropriate, the following activities may be prohibited on the premises: pool or billiard tables, pinball games, arcade style video or electronic games, or coin-operated amusement devices.

(6) Prohibited Products. To discourage nuisance activities, an Off -Sale Alcohol Outlet may be prohibited from selling one or more of the following products or may be required to sell products in the manner prescribed below:

(a) Malt beverage products with alcohol content greater than 5-1/2 percent by volume;

(b) Wine with an alcoholic content greater than 18 percent by volume. No sales of low-end fortified wine are permitted;

(d) Distilled spirits in bottles or containers smaller than 375 milliliters;

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Ontario Development Code Page 5.03-43 (Rev. 03.18.202508.19.2025) (e) Cooler products, either wine - or malt -beverage-based, in less than manufacturer pre-packaged multi-unit quantities;

(f) No beer or malt beverage products shall be sold, regardless of container size, in quantities of less than manufacturer pre-packaged multi-unit quantities;

(g) Wine in less than 750 milliliter volume containers, specialty wine products in less than 375 milliliter volume containers, or in less than manufacturer pre - packaged multi-unit quantities; and/or

(h) Wine coolers, beer coolers, or pre -mixed distilled spirit cocktails shall be sold in manufacturer pre -packaged multi -unit quantities. No sales of single containers of wine coolers, beer coolers, or pre-mixed spirit cocktails are permitted.

(7) Alcoholic Beverage Sales/Delivery Restricted to Building Confines.

The sales and/or delivery of alcoholic beverages shall be restricted to and within the confines of the building portion of the premises.

(8) Alcoholic Beverage Sales/Delivery through a Pass-Through Window.

The sales and/or delivery of alcoholic beverages through any pass-through window is prohibited.

(9) Exterior Advertising or Signage that Promotes or Indicates the Availability of Alcohol Beverages. There shall be no exterior advertising or sign of any kind or type (other than business identification), including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages (interior displays of alcoho lic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition).

(10) Chilled Alcoholic Beverages. An Off -Sale Alcohol Outlet may be prohibited from maintaining refrigerated or otherwise chilled alcoholic beverages on the premises.

(11) Hours of Operation. In an On-Sale or Off-Sale Alcohol Outlet, the sale of alcoholic beverages may be restricted to certain hours of each day of the week and may be limited further by ABC.

(12) Paper or Plastic Cups. In Off -Sale Alcohol Outlets, the sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited.

(13) Signs. The following signs may be required to be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons:

(a) "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age"; and

(b) "It is illegal to possess an open container of alcohol in the vicinity of this establishment."

(14) Presentation of Documents. A copy of all Conditions of Approval and the California Department of Alcoholic Beverage Control license may be required to be kept 803
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(Rev. 03.18.202508.19.2025) Page 5.03-44 Ontario Development Code on the premises and presented to any law enforcement officer or authorized state or county official upon request.

(15) Mitigating Alcohol- Related Problems. The establishment may be required to operate in a manner appropriate with mitigating alcohol- related problems that negatively impact those individuals living or working in the neighborhood, including but not limited to: sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise, and litter.

(16) Employee Training. The owners and all employees of the Deemed Approved Activity may be required to attend a Deemed Approved regulations training class and to complete an approved course in " responsible beverage service training. " Owners and employees of the Deemed Approved Activity may thereafter be required to attend these training classes once every three years. All salesclerks in On -Sale Alcohol Outlets and Off -Sale Alcohol Outlets may be required, within 90 days of the beginning of employment, to attend these same classes. The establishment may be required to provide evidence of the employee's completion of this training to city, county or state authorities within 10 days following completion of training.

(17) Drug Paraphernalia. An Off-Sale Alcohol Outlet may be prohibited from selling drug paraphernalia products as defined in HSC Section 11014.5 and Section 11364.5. "Drug Paraphernalia " means all equipment, products and materials of any kind that are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, an alyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act (commencing with HSC Section 11000).

(18) Loitering. The establishment 's operators or employees may be required to discourage loiterers and to ask persons loitering longer than 15 minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

(19) Security Cameras. A minimum of two 24 -hour time -lapse security cameras may be required to be installed and properly maintained on the exterior of the building at locations recommended by the Police Department. All criminal and suspicious activities recorded on this surveillance equipment shall be reported to local law enforcement. To the extent allowed by law, the establishment 's operators may be required to provide any tapes or other recording media from the security cameras to the police department.

(20) Prohibited Vegetation. No exterior vegetation may be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place.

(21) Security Guards. An establishment may be required to retain a specified number of security guards. The number of security guards shall vary based upon the specific facts and circumstances of each establishment 's site and operation. All security guards shall have all required state and City permits and licenses.

c. An On -Sale Alcohol Outlet may also be required to comply with the following supplemental conditions:

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Ontario Development Code Page 5.03-45 (Rev. 03.18.202508.19.2025) (1) Sales and delivery of alcoholic beverages to customers shall be made from behind a counter or bar where an establishment employee will obtain the product;

(2) No self-service of alcoholic beverages will be permitted. This does not include pouring the beverage for oneself or another after an establishment employee has served the alcoholic beverage to a patron;

(3) Sales, delivery and consumption of alcoholic beverages shall be restricted to and within the confines of the building portion of the premises or other approved areas, such as enclosed patios;

(4) The premises shall be maintained as a bona fide food restaurant, as defined by applicable provisions of the BPC, and shall provide a menu containing an assortment of foods normally offered in such restaurants; and

(5) No alcoholic beverages shall be consumed on any property adjacent to the premises under the control of the On-Sale Alcohol Outlet.

10. Notification of Public Hearing.

a. The Zoning Administrator shall notify the owner of each establishment conducting the Deemed Approved Activity, and shall notify the property owner, if different from the Deemed Approved Activity, of the time and place of the public hearing. The notice shall be personally delivered or sent via certified mail return receipt requested and shall include notification that the Deemed Approved Status of the establishment conducting the Deemed Approved Activity will be considered before the Zoning Administrator. Th e public hearing notice shall also be given by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the city within 300 FT of the subject property. No notice shall be given less than 10 days prior to the date set for the hearing if such is to be held. Fees for notification shall be pursuant to Paragraph G.11 ( Annual Inspection Applicability) of this Section and paid for by the establishment in question that is conducting Deemed Approved Activity.

b. Notice by mail is deemed given on the date the notice is placed into the U.S. Mail system.

11. Annual Inspection Applicability . Annual inspections shall be conducted at all alcohol sales facilities, including all existing On -Sale and Off-Sale Deemed Approved facilities, as well as existing and future On -Sale and Off -Sale alcohol sales facilities operating under a Conditional Use Permit.

12. Fees Schedule. Fees including annual inspection, appeal, and reinspection fees shall be pursuant to the City master fee schedule.

13. Official Action . All officials, departments, and employees of the City, which are vested with the authority to issue permits, certificates, or licenses, shall adhere to, and require conformance with, the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section.

14. Violations and Penalties.

a. Violations of Deemed Approved Alcoholic Beverage Sale Regulations. Any person who violates, causes, or permits another person to violate any provision of the Deemed 805
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(Rev. 03.18.202508.19.2025) Page 5.03-46 Ontario Development Code Approved Alcoholic Beverage Sale Regulations set forth in this Section is guilty of either an infraction or misdemeanor, as determined by OMC Section 1-2.01 (Punishment for Violation). Either any person convicted of an infraction or misdemeanor under the provision of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section shall be punished by a fine, imprisonment, or both, according to state law.

b. Separate Offenses for Each Day . Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punishable accordingly.

c. Any Violation a Public Nuisance. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the City.

d. Injunction as Additional Remedy . Any violation of any provision of these regulations shall be and is declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.

e. Administrative Penalties. In addition to any other penalties provided in this section, a person who violates, causes, or permits another person to violate any provision of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section may be issued an administrative citation pursuant to the provisions of OMC Title 1, Chapter 5 (Administrative Citations). Violations of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section are subject to the "health and safety penalties" listed in OMC Section 1-5.04 (Amount of Fines).

f. Assessment of Additional Penalties . There will be no additional penalties assessed to owners other than those provided above.

g. Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the City or any of its contractors in correction, abatement, and prosecution of the violation. Reinspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of the establishment conducting the Deemed Approved Activity or owner of the property where the establishment is located. Fees shall be in t he amount described in Paragraph G.11 (Annual Inspection Applicability) of his Section, for charged reinspections. The inspection official shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time, the charges shall be placed as a lien against the property.

15. Enforcement. The City shall designate the appropriate personnel to enforce the provisions of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section .

16. Inspection and Right of Entry . The officials responsible for enforcement of the provisions of the Deemed Approved Alcoholic Beverage Sale Regulations set forth in this Section, other provisions of the Development Code, or their duly authorized representatives, may enter on any site or into any structure for the purpose of investigation, provided they shall do so in a reasonable manner, whenever they have cause to suspect a violat ion of any provision of the Deemed Approved Alcoholic Beverage Sale Regulations, or whenever necessary to the investigation of violations to the Deemed Approved performance standards or conditions of 806
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Ontario Development Code Page 5.03-47 (Rev. 03.18.202508.19.2025) approval prescribed in these regulations. All inspections shall be conducted in compliance with the Fourth Amendment to the United States Constitution.

5.03.030: Ambulatory Health Care Services—All Other Miscellaneous Services

The following standards shall govern the establishment and operation of " all other miscellaneous ambulatory health care services":

A. "All other miscellaneous ambulatory health care services " shall include blood pressure screening, health screening, hearing testing, industrial clinics, pacemaker monitoring, physical fitness evaluation, and smoking cessation program services.

B. Within the OL zoning district, operating hours shall be limited to 7:00 AM to 7:00 PM, daily.

C. Within the MU -1 zoning district, the use shall not be allowed on the ground floor of storefronts that directly front on to Euclid Avenue.

D. Within the BP, IP, IL, IG, and ONT zoning districts, services shall only be limited to industrial clinics.

5.03.035: Apparel Manufacturing

Within the BP and IP zoning districts, the development of new apparel manufactur ing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.037: Artisan Small-Scale and Micro Manufacturing Facilities

The following standards shall govern the establishment and operation of " boutique/artisan small- scale and micro manufacturing facilities":

A. Boutique/artisan small-scale and micro manufacturing facilities shall not exceed 10,000 SF in GFA;

B. Storage of materials and production activities shall be maintained within a completely enclosed structure; and

C. The use shall not include the bulk storage of flammable materials for use or sale, or the bulk storage of hazardous waste.

5.03.040: Automobile Dealers—New Vehicles Sales and Leasing, and Automobile Rental

A. Automobile Dealers—New Vehicles Sales and Leasing. For new automobile dealers, up to a maximum of 49 percent of the total number of vehicles on -site at any one time, which are available for sale or lease, may consist of previously owned vehicles.

B. Vehicle Rental and Leasing.
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1. Passenger car and light truck, utility trailer, recreational vehicle and truck rental and leasing may be conditionally permitted as a freestanding land use pursuant to Table 5.02 -1 (Land Use Matrix).

2. Passenger car and light truck rental shall be permitted by right pursuant to Table

5.02-1 (Land Use Matrix), when established in conjunction with, and ancillary to, new motor vehicle sales, motor vehicle general repair facilities, motor vehicle body and pa int facilities, or full-service hotels.

3. It is intended that passenger car, truck, utility trailer, and recreational vehicle rental facilities allowed pursuant to Table 5.02-1 (Land Use Matrix), shall be permitted to maintain an on- site rental vehicle fleet, provided adequate off -street parking facilities are provided pursuant to the requirements of Division 6.03 (Off-Street Parking and loading) of this Development Code.

5.03.045: Automotive Body, Paint, and Interior Repair and Customization—Minor Customization

Minor customization work shall be limited to the "bolt-on" replacement or addition of parts only.

No body or paintwork shall be permitted, except as may be allowed pursuant to Section 5.03.050 (Automotive Body and Paint—Mobile Repair Services) of this Division.

5.03.050: Automotive Body and Paint—Mobile Repair Services

The following standards shall govern the establishment and operation of mobile automotive body and paint repair services:

A. The mobile operation shall be based at a fixed location within the City pursuant to Table

5.02-1 (Land Use Matrix). The use shall not be licensed as a home occupation.

B. Comply with all applicable requirements of the South Coast Air Quality Management District (SCAQMD). Compliance with SCAQMD regulations shall be demonstrated to the Planning Department prior to business license issuance by the City.

C. Mobile body and paint repair services shall be limited to minor dent and blemish removal/repair on motor vehicles, and the performing of minor reparative and touch-up painting to damaged or blemished areas of motor vehicles.

D. Mobile body and paint repair services shall only be performed for automobile dealerships, car rental agencies and fleet vehicle operators, within zoning districts allowing these land uses.

Repair services shall not be provided to individuals.

E. All work shall be performed within areas that are completely screened from public view.

F. Paint shall be applied using a high volume, low pressure coating delivery and application system utilizing a turbine motor to produce high volumetric flow rates at a low pressure, not to exceed 5 pounds per square inch.

G. Prior to business license issuance, the business owner or operator shall provide to the Planning Department for review and approval, written policies and procedures and for:

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1. The storage, use and disposal of cleaning solvents and thinners used in conjunction with painting and repair activities pursuant to federal, state, county and local laws, regulations, ordinances and orders;

2. The recording of daily use of solvents, thinners, coating materials and formulations used in conjunction with painting and repair activities;

3. The packaging, handling and transportation of hazardous materials used in conjunction with painting and repair activities;

4. The control of solids and liquids produced during grinding, sanding or coating, to prevent contact with the ground and potentially contaminating storm water runoff;

5. The storage, handling and disposal of hazardous wastes created as a result of painting and repair activities, pursuant to federal, state, county and local laws, regulations, ordinances and orders; and

6. Workspace safety and organization.

H. As a condition of business operations, the licensee shall fully comply with the approved policies and procedures established by Subsection G of this Section, and shall consent to the following requests by the authorized representatives of the City 's Police Department, Fire Department, Planning Department, Engineering Department or Code Enforcement Officers, during regular business hours, for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with the applicable regula tions, laws, and provisions of this Ordinance:

1. Review of business records pertaining to the daily use of solvents, thinners, coating materials and formulations used in conjunction with painting and repair activities;

2. Observation of vehicle repair and painting activities; and

3. Inspection of vehicles, materials and equipment used in conjunction with painting and repair activities.

I. Failure to comply with the mobile body and paint repair services standards contained in this Section may result in business license revocation by the City.

5.03.055: Automotive Glass Replacement Shops

The following standards shall govern the establishment and operation of automotive glass replacement shops:

A. Automotive glass replacement shops shall include both stationary and mobile services.

B. Mobile services shall be licensed to a fixed location within the City and shall not be licensed as a home occupation.

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5.03.060: Automotive Repair and Maintenance—General Repair Facilities

Automotive general repair facilities shall include mechanical and electrical repair such as air conditioning, brake, cooling, electric, exhaust, and suspension systems repair, and engine, transmission, and drive train repair and maintenance activities.

5.03.065: Automotive Repair and Maintenance—Servicing Facilities

Automotive servicing facilities shall include mechanical and electrical retail-oriented services such as emissions testing, battery replacement and other similar retail activities that do not involve the use of pneumatic tools or equipment that create noise impacts.

5.03.067: Banquet Facilities - Historic Properties

The following standards shall govern the establishment and operation of banquet facilities on historically designated properties that are located outside of zoning districts that would otherwise allow the activity:

A. A banquet facility shall be allowed in all zoning districts within a commercial structure or on property designated as a local historic landmark, or a contributing structure within a designated historic district, established pursuant to Section 4.02.040 (Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservations Areas) of this Development Code, and shall be subject to the regulations therein during the life of the permit , except that no banquet facility shall be allowed in the MU -1 (Downtown Mixed Use) zoning district.

B. The minimum number of parking spaces required shall be provided pursuant to Division

6.03 (Off-Street Parking and Loading) of this Development Code. A parking demand study may be prepared by a qualified traffic consultant or engineer to support a reduction in the required number of parking spaces. The intent is to provide lower, flexible parking standards wherever possible and appropriate. Consideration shall be given to shared parking systems, on and off - street parking resources, compatibility with historic patterns of development, and the availability of mass transit resources.

C. Live entertainment shall be prohibited. Request for live entertainment shall require conditional use permit approval by the Zoning Administrator. Karaoke, DJs, live musical acts, and other similar forms of entertainment are considered live entertainment. Amplified prerecorded music may be permitted; however, the sound emitted from the premises shall not be audible beyond the property lines of the business establishment.

D. Alcohol beverage sales shall be allowed subject to the approval of a Conditional Use Permit issued pursuant to the requirements of Section 4.02.015 (Conditional Use Permits) and Section 5.03.025 (Alcoholic Beverage Sales) of this Development Code.

E. The applicant shall comply with all applicable building code regulations related to the change of use of the structure to a banquet facility.

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Ontario Development Code Page 5.03-51 (Rev. 03.18.202508.19.2025)

5.03.070: Bed-and-Breakfast Inns

The following standards shall govern the establishment and operation of bed -and-breakfast inns:

F. A bed-and-breakfast inn shall be allowed only within a structure designated as a local historic landmark, or a contributing structure within a designated historic district, established pursuant to Section 4.02.040 (Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservations Areas) of this Development Code, and shall be subject to the regulations therein during the life of the permit.

G. The inn structure shall serve as the primary residence of the bed -and-breakfast inn owner(s), or the majority shareholder if the facility is owned by a corporation.

H. The bed-and-breakfast inn shall be accessory to the residential use of the property.

I. The lot upon which the bed -and-breakfast inn is operated shall conform to the standards of the zoning district in which it is located, and the applicable land use and operational requirements of this Development Code.

J. No long-term rental of rooms shall be permitted. The maximum length of stay for any guest shall be 14 days within any 30-day period.

K. Guests may check in only between the hours of 9:00 AM and 9:00 PM.

L. Breakfast shall be the only full meal served, excepting light snacks and refreshments, and may only be served to guests of the bed -and-breakfast inn. Restaurants are prohibited, and no cooking facilities shall be allowed within any guestroom.

M. The applicant shall comply with all applicable building code regulations related to the change of use of the structure to a bed-and-breakfast inn.

5.03.075: Billiard Parlors and Pool Halls

The following standards shall govern the establishment and operation of billiard parlors and pool halls:

A. All billiard and pool tables are to be located so as to be visible at all times by one or more employees of the business.

B. Unless otherwise specifically approved by Conditional Use Permit, billiard and pool tables shall be limited to a size not typically used for regular professional tournament play (9 FT long by

4.5 FT wide), as established by the World Billiard Congress, World Pool-Billiard Association, American Pool Players Association, and other similar professional organizations.

C. Billiard parlors and pool halls shall be located a minimum of 300 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, to any residentially zoned property or sensitive land use, including hospitals and other healthcare facilities; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate.

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(Rev. 03.18.202508.19.2025) Page 5.03-52 Ontario Development Code D. Minors shall not be permitted to enter or remain in a billiard parlor and pool hall during the following periods, unless accompanied by a parent or legal guardian:

1. Monday through Friday, between 8:00 AM and 3:00 PM, or after 10:00 PM; and Saturday and Sunday, after 10: 00 PM.

2. The weekday daytime hours of restriction shall not apply to school vacation days or holidays, as established by any public school district or private elementary, middle (junior high) or high school operating within the City.

3. Notice of the herein specified hours of restriction for minors shall be posted at the facilities entrance(s), in lettering of at least 2 inches in height.

E. The establishment shall not be open to customers, patrons, or any member of the public between the hours of 2:00 AM and 6:00 AM.

F. "No Loitering" signs shall be posted at the front and rear of the business.

G. The facility shall have a minimum of one managing employee at least 21 years of age during all working hours.

H. Occupancy shall not exceed the number required under the City's building and fire codes, and the maximum occupancy load shall be posted at the main entrance.

I. The establishment shall maintain and operate a video surveillance system during all business hours, which is capable of storing a minimum of 186 hours (7 days) of video surveillance.

1. The video surveillance system shall cover the entire interior of the premises and all entrances and exits of the establishment and shall be capable of delineating upon playback of the system, the activity and physical features of persons or areas within the premises.

2. The business owner shall permit City Police and/or Code Enforcement officers to inspect the stored video surveillance during normal business hours, upon demand.

3. The video surveillance system shall be maintained in good working order.

4. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under video surveillance.

J. The business owner shall submit and receive approval of a Fire Exit Plan from the Fire Department. The plan shall address all requirements of the City's building and fire codes, including, but is not limited to, showing all necessary dimensions, equipment location, aisle locations/path of travel, building exiting, and panic hardware.

K. Window areas shall not be covered or made opaque in any way. All windows and entrances shall be unobstructed at all times so as to allow an unimpaired line -of-sight by police officers.

L. The Chief of Police is hereby authorized to require the business owner/operator provide a security guard on the premises in the event that there are significant calls for service relating to assaults, gang -related activity, weapons offenses, disturbances, juvenile related crime and 812
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Ontario Development Code Page 5.03-53 (Rev. 03.18.202508.19.2025) truancy, or other good causes. The decision of the Chief of Police may be appealed to the City Council pursuant to Division 2.04 (Appeals) of this Development Code.

M. No exterior pay phones shall be allowed on a property containing a billiard parlor or pool hall.

5.03.080: Boarding, Lodging, and Rooming Houses

The following standards shall govern the establishment and operation of boarding, lodging and rooming houses:

A. All boarding, lodging, and rooming houses shall require the submittal and approval of an Administrative Use Permit or Conditional Use Permit, and business license, prior to establishing the use.

B. No more than one Federal, State or Youth Authority parolee shall be allowed to live in a boarding, lodging, or rooming house.

D.B. The application submitted for approval of a boarding, lodging, or rooming house shall identify whether any boarders are currently Federal, State, or Youth Authority parolees. That information shall be provided by the landlord to each lessee or renter upon signing a lease or other rental agreement. Owners and/ or operators of approved boarding, lodging or rooming houses shall update the information required by this Section anytime a person that is a Federal, State, or Youth Authority parolee is provided accommodation in the approved boarding, lodging, or rooming house.

E. All boarding, lodging, and rooming houses shall require boarders to sign a Crime Free Lease Addendum to their lease or rental agreement. The Crime Free Lease Addendum shall provide that any criminal violations perpetrated by boarders shall be grounds for termination of the written or oral lease, sublease, or agreement.

G.C. Boarding, lodging, or rooming houses shall be operated and maintained in full compliance with all applicable requirements of this Development Code and the Ontario Municipal Code, prior to the issuance of an Administrative Use Permit or Conditional Use Permit authorizing the use, and at all times following permit issuance. Violation of any local, State, or Federal laws by individual boarders while on the premises, shall be grounds for revocation of the permit, including but not limited to violations of PC Section 3003.5.

H.D. No boarding, lodging, or rooming house shall be maintained as a nuisance.

I.E. The violation of any provision of this Section shall be grounds for revocation of the Administrative Use Permit or Conditional Use Permit authorizing the boarding, lodging, or rooming house use. In revoking an Administrative Use Permit or Conditional Use P ermit, the procedures contained in Division 2.05 (City Initiated Modification or Revocation) of this Development Code shall be followed.

J.F. All boarding, lodging, and rooming houses shall be required to pay to the City, an administrative fee in an amount determined by separate resolution of the City Council, to cover the costs of Administrative Use Permit or Conditional Use Permit review and issuance, and inspection of the facilities.

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(Rev. 03.18.202508.19.2025) Page 5.03-54 Ontario Development Code K.G. Boarding, lodging, and rooming houses may provide rented, leased, or subleased accommodations for occupancy by no more than 6 individuals, excluding a resident owner, agent, or manager. The operator may seek relief from the strict application of this provision by submitting a request for reasonable accommodation pursuant to Section 4.02.035 (Fair Housing and Reasonable Accommodation) of this Development Code.

5.03.085: Bread and Tortilla Manufacturing

Within the IP zoning district, bread and tortilla manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple -tenant buildings) facilities.

5.03.090: Business to Business Electronic Markets

Within the BP zoning district, the development of business to business electronic markets shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) developments.

5.03.095: Caretaker Quarters

The following standards shall govern the establishment and operation of caretaker quarters:

A. Caretaker quarters may be allowed in conjunction with, and accessory to, an allowed land use, when determined by the Reviewing Authority to be essential to providing 24-hour on-site property security and surveillance.

B. Caretaker quarters shall not exceed 600 SF in gross floor area and shall contain no more than one bedroom.

C. Caretaker quarters shall be for occupancy by t he business owner or an employee of the business.

5.03.100: Child Daycare Services

The following standards shall govern the establishment and operation of child daycare services:

A. Child Daycare Centers.

1. No City permit for a child daycare center shall be effective until satisfactory evidence has been provided to the City demonstrating that all necessary State licenses and permits have been obtained.

2. Child daycare centers shall not be allowed in conjunction with a residential land use.

3. Within industrial zoning districts, child daycare centers shall be limited to employer- provided services, which are only for employee use. Such centers may also be established by a 814
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Ontario Development Code Page 5.03-55 (Rev. 03.18.202508.19.2025) group of industrial businesses, which are located within close proximity, to serve their employees at an on-site or off-site location.

4. Comply with all fire and life safety standards required by the State Fire Marshall and the Ontario Fire Department.

5. All areas designated for active play, or any play structures, shall only be permitted within a side yard or rear yard area. In addition, all play areas shall be enclosed by a 6 FT high decorative fence or wall. Property line fences or walls may be used to fulfill this requirement.

6. Landscaping and decorative masonry block walls shall be used to buffer noise inside and rear yard areas when abutting a residential zoning district.

7. Outdoor play areas shall be located at least 25 FT from any residential structure located on an abutting residentially zoned lot.

8. Any swimming pool, pond, wading pools, or similar bodies of water greater than 18 inches in depth shall be fully enclosed by a minimum 5 FT high non-climbable fence. Additionally, all entrances and exits shall have self -closing and latching gates. All latches shall be located at least 54 inches above adjacent grade.

9. All trash receptacles and air -conditioning units located outdoors and adjacent to any play area shall be fully enclosed by a wall or fence.

10. A daycare center shall not be located within any area in which the measurable exterior noise level is 65 CNEL or greater.

B. Family Child Daycare Homes.

1. To prevent over concentrations of family child daycare homes that would impair the integrity of residential neighborhoods, a minimum 300 -FT separation shall be provided between dwellings licensed with the California Department of Social Services as a family child daycare home. The distance between any structure used as a family child daycare home and another structure used as a family child daycare home shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a family child daycare home to the closest property line of another structure used as a family child daycare home.

2. A family child daycare home shall be clearly incidental and subordinate to the primary residential use of the dwelling.

3. No family child daycare home shall commence until all necessary licenses and permits have first been obtained from the California Department of Social Services.

5.03.105: Community Care Facilities for the Elderly—More Than 6 Persons

The following standards shall govern the development and/or operation of community care facilities for the elderly, which are designed for occupancy by more than 6 persons:

A. Within residential and mixed -use zoning districts, the maximum density of a community care facility for the elderly that incorporates shared or common kitchen facilities, if proposed at a 815
Division 5.03—Supplemental Land Use Regulations
(Rev. 03.18.202508.19.2025) Page 5.03-56 Ontario Development Code density greater than allowed by the underlying zoning district, shall be determined based upon a study of equivalent impact, assessing factors of traffic generation, water usage, and sewerage generation, in comparison to a multiple -family residential development on the same site, constructed at maximum density. Applicants for community care facilities for the elderly shall be responsible for all City costs incurred in preparation of the study.

B. Within commercial zoning districts, the maximum allowed density of a community care facility for the elderly shall be based a study of equivalent impact, assessing traffic/transportation, water usage, and sewerage generation, in comparison to a typical commercial development on the same site. Applicants for community care facilities for the elderly shall be responsible for providing appropriate traffic, water usage and sewerage generation information to the City to assist in determining allowed densities.

C. Community care facilities for the elderly should be located where public transit linkages are available, such as bus or transit facilities on or adjacent to the site, regular shuttle service to a regular transit route, or equivalent alternative methods as approved by the Planning Director.

D. A minimum of 75 SF of private open space and 75 SF of common open space shall be provided per dwelling or room used for dwelling purposes. Common spaces shall be provided with recreation room(s), swimming pools, lawn bowling courts and similar recreational facilities, based upon the size of proposed facility and the anticipated needs of its occupants.

E. Common or individual laundry, eating and/or kitchen facilities may be provided.

F. Occupancy of a community care facility for the elderly may be age restricted by means of a deed restriction or an agreement acceptable to the City Attorney.

G. Occupancy of community care facility for the elderly shall not be granted by the City until satisfactory evidence has been provided to the City demonstrating that all necessary State licenses and permits have been obtained for the use.

5.03.110: Community Care Facilities for the Elderly—6 or Fewer Persons

Community care facilities for the elderly, for 6 or fewer persons, may only be established in conjunction with a single-family dwelling.

5.03.115: Computer and Electronic Product Manufacturing

Within the IP zoning district, the development of new computer and electronic product manufacturing shall be limited to small-scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.120: Consumer Goods Rental

The following standards shall govern the establishment and operation of consumer goods rental services:

816
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Ontario Development Code Page 5.03-57 (Rev. 03.18.202508.19.2025) A. Consumer goods rental services shall include the rental of consumer electronics and appliances, costumes, formal wear, furniture rental, home health equipment, musical instrument rental, party and banquet accessories, recreational goods, and video tapes an d discs.

B. Outdoor storage shall be prohibited in conjunction with consumer goods rental services.

5.03.125: Convenience Markets and Specialty Food Stores

The following standards shall govern the establishment and operation of convenience markets and specialty food stores:

A. Within the CS zoning district, hours of operation shall be limited to between 7:00 AM and 10:00 PM, daily.

B. All convenience markets and specialty food stores that sell prepared or prepackaged food items shall provide and maintain outdoor trash receptacles adjacent to the business entry, for use by customers.

C. Where a convenience market or specialty food store abuts a residential zoning district, no commercial loading activity is permitted between the hours of 7:00 PM and 7:00 AM.

5.03.130: Credit Intermediation-Related Activities

The following standards shall govern the establishment and operation of credit intermediation - related activities:

A. Credit intermediation -related activities include check cashing, money order issuance, money transmission and payday advance services.

B. Within the MU-1 zoning district, credit intermediation-related activities shall only be allowed in conjunction with a permitted or conditionally permitted land use, Standalone credit intermediation-related activities within the MU-1 zoning district shall be prohibited.

5.03.135: Cutlery and Hand Tool Manufacturing

Within the IP zoning district, the development of new cutlery and hand tool manufactur ing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.140: Data Processing, Hosting, and Related Services

Within the OL and OH zoning districts, data processing, hosting, and related services shall only be allowed in conjunction with a permitted or conditionally permitted land use. Standalone data processing, hosting, and related services shall be prohibited within these zoning districts.

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(Rev. 03.18.202508.19.2025) Page 5.03-58 Ontario Development Code

5.03.145: Depository Credit Intermediation

The following standards shall govern the establishment and operation of depository credit intermediation uses:

A. Depository credit intermediation shall include commercial banking, savings institutions, and credit unions.

B. Drive-thru facilities in conjunction with depository credit intermediation shall be permitted subject to the provisions of Section 5.03.150 (Drive-Thru Facilities) of this Division.

5.03.150: Drive-Thru Facilities

The following standards shall govern the establishment and operation of drive -thru facilities, and are intended to result in facilities that are well designed, encourage pedestrian activity, and enhance the commercial areas in which they located:

A. Location Standards.

1. Drive-thru facilities shall be permitted in conjunction with the below-listed land uses, except that such facilities located within the MU-1(Downtown Mixed-Use) zoning district shall not be visible from Euclid Avenue, as demonstrated in Figure 5.03-1 (Drive-Thru Facility Street-Oriented Example Site Plan), below.

a. Pharmacies and Drug Stores;

b. Banks and Credit Unions;

c. Restaurants and other eating places;

d. Drycleaning and Laundry Services; and

e. Other land uses deemed appropriate by the Zoning Administrator , as determined pursuant to the procedures established in Section 1.02.010 (Interpretations and Land Use Determinations) of this Development Code.

2. Drive-thru facilities shall not disrupt the pedestrian activity of adjacent or nearby commercial uses or commercially zoned property. Furthermore, drive- thru facilities shall not interfere with the normal use of adjoining properties or the potential for a planned commercial development.

B. Development Standards. Uses incorporating drive-thru facilities shall comply with each of the following development standards:

1. Lot Area. Drive-through businesses shall be located on lots having a minimum area of one-acre. This area may be reduced when the business is within an integrated shopping center.

2. Lot Coverage. The lot coverage shall not exceed 40 percent of the lot area.

3. Floor Area.

818
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-59 (Rev. 03.18.202508.19.2025) a. The minimum GFA for a building
incorporating a drive -thru shall be 2,000 SF (including gross floor area of the building and associated
outdoor seating area s), with a minimum interior floor
area of 1,500 SF.

b. A building incorporating a
drive-thru may have a GFA less than 2,000 SF subject
to the approval of a Conditional Use Permit by the
Zoning Administrator, provided that the building is
proposed to be located within an existing retail
shopping center.

4. Setbacks.

a. Setbacks shall be provided
pursuant to the requirements of the underlying zoning
district in which the drive-thru facility is proposed.

b. A minimum 25 -FT landscaped
setback shall be maintained between any drive -thru facility, including drive -up windows, drive - thru lane and menu/order stations, and any adjacent residentially zoned property or residential land use.

c. The building shall maintain a minimum 20 -FT landscaped setback from street property lines. Design elements, such as trellises, may encroach into the setback when well- integrated with the landscape.

5. Building Orientation . Buildings incorporating drive -thru facilities shall be orient ed toward the street, as demonstrated in Figure 5.03-1 (Street-Oriented Example Site Plan).

6. Access. Each developed site shall not have more than one drive approach per street frontage. Drive-thru ingress and egress aisles shall not take direct access from a public street or thoroughfare, but instead shall take access from a parking area or on- site driv e aisle, as demonstrated in Figure 5.03-1 (Street-Oriented Example Site Plan).

7. Building Height. Buildings with drive-thru facilities shall not exceed a height of 35 FT.

8. Site Design.

a. Buildings shall be oriented toward the street, with drive -thru lanes, pick-up windows, and off-street parking facilities oriented toward the rear yard or side yard areas.

b. Decorative low garden walls shall be provided to screen the parking lot and drive-thru aisle from view of the public street.

c. All service and loading areas shall be screened from public view, to the extent possible.

d. Restrooms shall not be accessed from outside the structure.

Figure 5.03-1: Drive-Thru Facility Street-
Oriented Example Site Plan
Restaurant
819
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(Rev. 03.18.202508.19.2025) Page 5.03-60 Ontario Development Code e. Ladders for roof access shall be mounted on the inside of the building or shall be completely concealed from public view.

f. The site design shall minimize pedestrian/vehicle conflicts by creating opportunities for courtyards, plazas, outdoor dining, and landscaped pathways that promote safe and convenient pedestrian movement.

9. Drive-Thru Lane Design.

a. Drive-thru lanes in conjunction with restaurants shall have a minimum length of 144 FT, measured from entry to pick -up window, which accommodates a minimum of 6 vehicles. ( Note: The Planning Director may require an increased drive -thru stacking length to accommodate businesses known to generate a higher drive-thru demand.)

b. Drive-thru lanes shall have a minimum width of 11 FT on straight sections and 12 FT on curved sections.

c. Drive-thru lanes shall be screened from view of a public street through building orientation, landscaping, low screen walls, and trelliswork.

C. Maintenance.

1. The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties.

2. Adequate trash containers shall be provided, and, on a daily basis, employees shall be required to pick up trash originating from the site, both on site and within 50 FT of the perimeter of the site.

3. No undesirable odors shall be generated on-site.

4. All merchandise, wares, crates in the form of temporary and permanent storage, displays, and goods offered for sale shall be maintained wholly within the building. Storage of any kind shall be contained completely within an enclosed structure.

D. Noise. Noise emanating from sound systems, including intercom and public address systems, shall not be audible beyond the property line.

E. Signs. All signs shall conform to the sign provisions of Division 8.1 (Sign Regulations) of this Development Code. Facilities within an integrated shopping center or plan shall comply with the uniform sign program as established in the center. Menu signs will be limited to two 6-FT high signs, having a maximum area of 24 SF each. Menu board signs shall not obscure vehicular visibility.

F. Design Guidelines. The following design guidelines are intended as a reference to assist the designer in understanding the City 's goals and objectives for high quality commercial development. The guidelines compliment the mandatory development standards contained in Subsection B (Development Standards), above, by providing good examples of potential design solutions and by providing design interpretations of the various mandatory regulations.

The design guidelines are general in nature and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the City's development review process to encourage the highest level of design quality, while at the same time providing the 820
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-61 (Rev. 03.18.202508.19.2025) flexibility necessary to encourage creativity on the part of the project designer(s). However, unless there is a compelling reason, these design guidelines shall be observed.

1. Architecture.

a. Style. The construction of the building should depict a specific architectural style by distinctive elements and features consistent with the chosen style. Accessory structures should portray the style through their features as well. The style of the building should also reflect and complement the styles of surrounding commercial buildings. Architectural treatment should be employed over the entire building exterior (360-degree architecture), and the building should be individually designed for its site. The use of standardized corporate architectural styles is highly discouraged.

b. Materials. A variety of quality building materials should be incorporated into the building, such as brick, finished wood, natural stone, tinted/textured concrete masonry, and ceramic tile, which have a substantial and long -lasting appearance. Veneers having a prefabricated or false appearance shall not be used.

c. Structure. Drive-up windows should be covered by a structure that reflects the style of the building and is substantial in character; however, it should remain subsidiary to the main structure. Entries should project 10 to 12 FT from the building in order to add depth and variation to the façade.

d. Entry Design. Gables, awnings, sign locations, or other features should clearly express the location of doorways. Greater attention should be given to materials and detailing adjacent to entries.

e. Arcades and Awnings. Outdoor arcades are encouraged to protect pedestrians from summer heat and winter rain. Where an arcade is not provided, a separate awning or other architectural feature should be used for each business to enhance the individual identity of small shops. B ecause they can quickly deteriorate, canvas awnings are discouraged, or should be properly maintained.

f. Roof Forms. Roof forms should reflect the architectural style and internal organization of buildings. Hipped and gable roofs are encouraged. Flat roof parapets should be accompanied by a cornice or other shadow-creating detail at its "top."

g. Drive-Up Windows. Construct roofs or trellises over drive -up windows. Posts supporting roofs or trellises should be substantial in appearance and fully integrated into the architecture of the building. The stacking area for drive-up windows should be screened from the street through a combination of low walls and landscaping.

h. Lighting.

(1) On-site lighting shall be directed away or shielded from adjacent freeways, roads, streets, and adjacent properties. All exterior lighting shall be of an indirect nature, coming from under eaves and canopies, or at ground level, with in landscaped areas.

(2) Exterior lighting fixtures should be a decorative and reinforce the architectural style of the building.

821
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(Rev. 03.18.202508.19.2025) Page 5.03-62 Ontario Development Code (3) Light standards less than 15 FT in height (including lighting bollards) should illuminate all street sidewalks and connecting walkways and are encouraged throughout the project.

i. Landscaping.

(1) The minimum amount of on -site landscaping, including defined plazas and courtyards, shall equal 15 percent of the net lot area. Landscaping should be used on the site to show transition from adjacent uses, define a circulation pattern on the lot, screen th e parking lot from the street, highlight entries, provide shade for parking as well as outdoor seating areas, and to soften the appearance of the building.

(2) At a minimum, landscaping shall include 15-gallon trees planted no more than 20 FT on center, within minimum 5 -FT wide planters. A suitable plant material (grasses, ivy, etc.) should be used as ground cover. Minimum 10-FT wide planters containing a combination of hedges and low walls shall be used to screen drive-thru lanes from view of public streets.

(3) Pedestrian walkways should not intersect drive-thru lanes; however, in the event this occurs, adequate visibility for pedestrians and vehicles shall be provided, and pedestrian crossings shall be clearly marked with signs.

j. Play Structures.

(1) Play structures should be placed indoors, becoming an integral part of the architecture, yet remaining a subordinate element. If located outside, play structures shall be oriented away from the public street and properly screened, and shall be no more than 11 FT in height.

(2) Indoor restaurant playground facilities shall be ancillary to the restaurant use. Scale and massing shall not dominate the main structure and the height of the playground facility shall not exceed the height of the main roof of the main structure.

5.03.155: Durable and Nondurable Goods Agents and Brokers

Within the BP and IP zoning districts, business to business electronic markets shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple -tenant buildings) facilities.

5.03.160: Electric Power Generation, Solar and Wind

Solar and wind electric power generation facilities, with ancillary ground mounted battery storage systems, shall only be allowed in conjunction with a permitted or conditionally permitted land use, except that standalone facilities shall be allowed within the CIV, IH, and UC zoning district s.

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Ontario Development Code Page 5.03-63 (Rev. 03.18.202508.19.2025)

5.03.165: Electrical Equipment, Appliance, and Component Manufacturing

Within the IP zoning district, electrical equipment, appliance, and component manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.170: Electronic Shopping and Mail Order Houses

A. Within the IP, IL, IG, and IH industrial zoning districts, direct business to consumer sales via the internet, direct mail, or telephone shall only be allowed ancillary to a permitted or conditionally permitted land use, such as manufacturing, warehousing, wholesaling, and/or distribution activities.

B. Standalone (office only) business to consumer sales via the internet, direct mail, or telephone shall be allowed as a primary land use only within the CN, CC, CR, OL, and OH commercial zoning districts; the MU -1, MU -2, and MU -11 mixed- use zoning districts; and the BP industrial zoning district.

5.03.175: Electronics and Appliance Stores

Within the CN zoning district, only small- scale (GFA of 5,000 SF or less) electronics and appliance stores may be established.

5.03.177: Employee (Farmworker) Housing

Where allowed pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, Employee (Farmworker) Housing units and complexes shall be subject to the below -listed requirements.

Pursuant to California Health and Safety Code Section 17021.8, the City shall ministerially process complete applications for qualifying employee/farmworker housing in the AG overlay district within 30 days from the date of submittal.

A. General Requirements.

1. Every person, or agent, or officer thereof, which constructs, operates, or maintains Farmworker Housing, shall comply with the requirements of this Section, and all applicable health, safety, and building codes and standards.

2. Farmworker Housing shall be designed, constructed, and maintained in conformance with the Employee Housing Act (commencing with HSC Section 17000), CCR Tiles 24 and 25, and the California Building Code.

3. A Farmworker Housing unit providing accommodations for 6 or fewer employees, or for one employee and their respective household, shall be deemed a single -family structure and shall be permitted in the same manner as other single -family structures of the same type in the same zone.

4. A Farmworker Housing Complex consisting of up to 36 beds in a group quarters, or 12 units or spaces designed for use by a single family or household, shall be deemed an 823
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(Rev. 03.18.202508.19.2025) Page 5.03-64 Ontario Development Code agricultural use and shall be permitted in the same manner as other agricultural uses in the same zone in zones where agricultural uses are permitted.

5. Farmworker Housing shall not include hotels, motels, boarding houses, bed and breakfast inns, rooming houses, dormitories, or other similar uses that would imply that the employee housing is a business run for profit or differs in any way from a single -family dwelling or an agricultural use.

6. Farmworker housing provided by the employer and maintained in connection with the work, or place where work is being performed, shall comply with all provisions of HSC Section 17008(a). Farmworker housing not maintained in connection with any workplace, an d provided by someone other than an agricultural employer, shall comply with all provisions of HSC Section 17008(b).

7. Farmworker Housing for agricultural employees and their families shall be allowed subject to the same fees applicable to any other agricultural use. In the event the Farmworker Housing is converted to another use, the units shall be subject to all applicable Development Code standards in existence at the time of conversion. For the purposes of this Section, the term "agricultural employee " shall mean a person who works full or part -time (24 or more hours per week) in the service of bona fide commercial agri cultural operations, in any of the branches of farming

8. All Farmworker Housing shall comply with all City regulations and permitting requirements, including but not limited to building construction, sewage disposal, water supply, NPDES, and storm water quality control, prior to occupancy of the housing units.

9. No person shall construct, reconstruct, erect, install, relocate, or alter any building used for human habitation, building accessory thereto, or other housing accommodations, intended to be used for Farmworker Housing, or any electrical, mechanical, or plumbing equipment installed in Farmworker Housing, without first obtaining all necessary City permits.

10. Farmworker housing is not required to be located on the same site as the qualifying agricultural operation where the farmworkers are employed.

11. The minimum lot size for Farmworker Housing shall be 10 acres.

B. Farmworker Dwelling Units.

1. Housing for up to 6 agricultural employees or one farm employee and his or her household is an allowed use in the AG Overlay District and all residential and mixed use zoning districts that allow single-family dwellings.

2. A farmworker dwelling unit is subject to all requirements relevant to this Development Code, which are applicable to single -family dwellings, including but not limited to site and building development standards, off-street parking requirements, security standards, wall and fencing requirements, and landscaping requirements. At least one off -street parking space shall be provided for each dwelling unit.

3. A farmworker dwelling unit provided pursuant to Paragraph B.4, below, shall not be required to be located on the same site as the qualifying agricultural operation where the farmworkers are employed.

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Ontario Development Code Page 5.03-65 (Rev. 03.18.202508.19.2025)

4. A farmworker dwelling unit shall meet the standards for single -family dwellings contained in Section 6.01.010 (Residential Zoning Districts) of this Development Code, and applicable requirements of the Ontario Building Code.

5. A farmworker dwelling unit shall not be subdivided from the primary lot on which it is located.

6. At least one off- street parking space shall be provided for each farmworker dwelling unit.

C. Farmworker Housing Complex.

1. A farmworker housing complex, with up to 36 beds in group quarters or 12 units designed for use by single families or households, which comply to the standards for single -family dwellings contained in Section 6.01.010 (Residential Zoning Districts) of this Development Code, is an allowed use in the AG Overlay District.

2. A minimum of 50 SF of floor area shall be provided for sleeping purposes for each occupant of group living quarters, such as barracks and bunkhouses, within a farmworker housing complex.

3. At least one off- street parking space shall be provided for each dwelling unit, or one parking space for each 3 beds, whichever is greater, plus one off -street parking space for each farmworker housing complex employee.

D. Farmworker Verification.

1. All new permanent farmworker dwelling units and farmworker housing complexes shall require the completion of a Farmworker Housing Verification Form prior to building permit application submittal.

2. The Farmworker Housing Verification Form shall include information regarding the housing type, number of dwelling units or beds, length of occupancy, number of occupants, occupants' employment information, and, for farmworker housing for 5 or more workers, proof that a permit to operate from HCD has been obtained and maintained.

3. The verification form shall be submitted annually, by May 15th of each year, to the Planning Director, in a form acceptable to the Planning Director, that all the dwelling units or sleeping quarters are being rented to, and occupied by, persons who meet the following agricultural employee employment criteria:

a. Tilling and cultivation of the soil associated with commercial crop production;

b. Raising, production, and cultivation of commercial livestock for the production of food and/or fiber;

c. Growing and harvesting of any commercial agricultural or horticultural commodities;

d. Commercial raising of bees, fur-bearing animals or poultry;

825
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(Rev. 03.18.202508.19.2025) Page 5.03-66 Ontario Development Code e. Preparation and processing of farm products for market; or

f. Timber or forestry operations.

4. At a minimum, the verification form shall contain the following information:

a. Entity responsible for housing maintenance and upkeep;

b. Description of whether the housing will be based on a permanent, temporary, and/or seasonal basis;

c. Total number of people to be housed on-site at any one time;

d. Description of the housing, including, whether the structures will be permanent and/or temporary, intended as units for families, one person or several persons, and cost of the units and utilities to the workers;

e. Location(s) where the employees will work;

f. Assessment of how much water will be used by the proposed development and description of how water is proposed to be supplied to the housing and how the water system complies with all applicable state and local potable water supply requirements; and

g. Description of the sewage disposal method, such as septic systems, to be used to service the housing, and how the sewage disposal method complies with all applicable state and local potable water supply requirements.

E. Location of Housing.

1. Farmworker housing shall be located no less than 75 FT from barns, pens, or other structures that house livestock or poultry.

2. Farmworker housing shall be located off prime and productive agricultural land, unless no other alternative locations exist on-site.

3. Farmworker housing shall be set back a minimum of 200 FT from the property line of any adjacent residential zoning district.

F. Maximum Floor Area for Farmworker Dwelling Units. The maximum floor area allowed for a farmworker dwelling unit shall be 650 SF. As used in this Paragraph, the term "floor area" shall mean the living area of a dwelling, exclusive of any garage or carport, which is measured from the outside surfaces of exterior walls or walls between living areas and a garage.

G. Removal of Housing. Farmworker housing is subject to removal (or conversion to another approved use) within 45 days following cessation of the agricultural employment for which the farmworker dwelling units are needed. This provision shall not apply if it can be shown that elimination of the agricultural use for no more than 24 months is related to the long -term functioning of agriculture on the site(s) used to establish the farmworker housing need (e.g., crop rotation, disease, replanting, etc.).

H. State Reporting Requirements. Farmworker housing for 5 or more employees is subject to permitting requirements of the California Employee Housing Act. The property owner shall obtain 826
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-67 (Rev. 03.18.202508.19.2025) and maintain all required permits from HCD, pursuant to the Employee Housing Act and CCR, Title 25, Division 1, Chapter 1, Section 600 through Section 940, prior to the occupancy of the farmworker housing units. A copy of the HCD permit shall be provided to the Planning Director within 14 days following permit issuance, or at the time of building permit application submittal, whichever is earlier.

I. Maximum Number of Housing Units Allowed. No more than 36 beds in a group quarters or 12 farmworker dwelling units or spaces designed for use by a single family or household shall be allowed on a single lot of record. The Planning Commission may authorize additional beds or units, or a combination thereof, by issuance of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code, based upon specific findings that document the necessity for the number of approved beds and/or farmworker dwelling units requested.

J. Facilities to Accommodate Recreational Vehicles, Tents or Other Mobile Camping Equipment.

1. Permits for the installation of appropriate permanent facilities to accommodate mobilehomes and recreational vehicles shall be obtained from the City prior to installation.

2. The use of tents, recreational vehicles, or other mobile camping equipment by farmworkers shall not occur for a period of more than 30 days within any 180 -day period.

Incidental camping shall be conducted so as not to create any health, fire, or other safety hazards. For 5 or more workers, a permit to operate from HCD shall be obtained and maintained.

5.03.180 Exterminating Services

The following standards shall govern the establishment and operation of exterminating services:

A. A copy of the Emergency Business Contingency Plan and/or Risk Management Prevention Program filed with the San Bernardino County Fire Department shall be filed with the Ontario Fire Department. No changes in practices or procedures, or the type and/or maximum quantity of material shall occur without first notifying the Ontario Fire Department and appropriate amendments made to the Business Emergency/Contingency Plan and/or Risk Management Prevention Program on file with the San Bernardino County Fire Department.

B. The outdoor storage of hazardous chemicals or materials is prohibited. Furthermore, the storage of chemicals or service trucks within a 100-year flood zone shall be prohibited.

C. The storage and handling of hazardous materials shall be limited to those quantities specified in the City's building and fire codes.

D. At all times, all operations shall be in full compliance with all federal, state and local regulations pertaining to containment, including restricting use/storage to designated areas, stacking height limitations of materials, and the provision of appropriate pre-approved containment walls where required.

E. A list of all types and amounts of chemical used or stored on the site shall be submitted to the Ontario Engineering Department as well as a Chemical Spillage Control Plan.

F. Hazardous chemicals and their containers shall be disposed of at an approved hazardous materials disposal site and not in City sewers or within solid waste dumpsters. 827
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G. Individuals and firms operating businesses relating to exterminating services shall be licensed by the State of California according to their particular discipline.

H. Access to and the handling of hazardous chemicals and materials shall be limited to properly trained and authorized personnel.

5.03.185: Fabricated Metal Product Manufacturing, All Other Miscellaneous

Within the BP and IP zoning district s, the development of all new "all other miscellaneous fabricated metal product manufacturing " shall be limited to small- scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.187: Fertilizer Manufacturing from Manure Operations (FMMO)

The following standards shall govern the establishment and operation of Fertilizer Manufacturing from Manure Operation (FMMO):

A. All driveways and employee parking areas shall be paved to create an all -weather surface, to the satisfaction of the Planning Director and City Engineer.

B. Inorganic chemical additives shall be limited to 10 percent of the total FMMO raw material inventory.

C. The FMMO establishment and operation shall comply with the rules, regulations and orders of all appropriate regulatory agencies including but not limited to the South Coast Air Quality Management District and the Regional Water Quality Control Board.

D. FMMO stockpile areas shall be enclosed by a minimum 8 -FT high wall or fence, and shall be fully screened with closely spaced, fast -growing trees, upon review and approval by the Planning Director.

E. Except for the stockpiling of raw materials, all FMMO operations, including screening, grinding, mixing, adding, and sacking, shall be wholly contained inside a building.

F. All FMMO windrows/stockpiles shall confine their rainstorm runoff waters so they do not drain onto adjoining properties and public rights-of-way.

G. Appropriate facilities shall be installed to collect or divert drainage from surrounding lands, away from stockpile areas.

H. FMMO windrows/stockpiles shall be at least 120 FT from street property lines and 35 FT from interior side and rear property lines.

I. FMMO windrows/stockpiles shall not exceed a 25 FT in height, 150 FT in width, and 250 FT in length; however, the Approving Authority may require a lesser maximum stockpile dimensions so as not to cause a nuisance to neighboring properties and/or to protect the public health and safety.

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Ontario Development Code Page 5.03-69 (Rev. 03.18.202508.19.2025) J. Windrows/stockpiles shall be separated from adjacent stockpiles by approved apparatus roads, minimum 20 FT in width.

K. FMMO stockpiles and/or any processing of manure shall not occur within 150 FT of a milking barn or milk house of a producer dairy, or a dwelling on adjoining property. The Approving Authority may require greater distances upon determining the direction and magnitude of prevailing winds at the site.

L. Approved material -handling equipment shall be maintained on -site for moving windrow/stockpile materials during emergency or firefighting operations.

M. The FMMO owner or operator shall develop and submit a plan to the Ontario Fire Department Fire Prevention Bureau for review and approval, which shall include, but not be limited to, methods and policies for:

1. Monitoring, controlling and extinguishing spot fires;

2. Emergency contact information for personnel who are able to respond to the FMMO location 24 hours a day, 7 days a week;

3. On-site equipment to assist with firefighting operations (e.g., dozers, water tenders, large tractors, etc.); and

4. Special considerations for fire safety during extreme weather conditions.

N. Noise levels from the FMMO shall not exceed local ambient levels found for general agricultural uses, when adjoining occupied dwellings.

O. Vehicles carrying materials to and from the site, shall be adequately covered to confine the contents and prevent materials from being windblown or otherwise scattered.

P. No public nuisance shall occur as a result of the FMMO establishment and operation.

5.03.190: Food Manufacturing, Other

The following standards shall govern the establishment and operation of "other food manufacturing" facilities:

A. "Other food manufacturing " shall include snack foods, roasted nuts and peanut butter, coffee and tea, flavoring syrup and concentrate, seasoning and dressing, spice and extract, and all other miscellaneous food manufacturing.

B. Within the BP and IP zoning districts, the development of new " other food manufacturing" shall be limited to small-scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

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5.03.195: Footwear Manufacturing

Within the BP and IP zoning districts, the development of all new footwear manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.200: Freight Transportation Arrangement

Freight transportation arrangement shall include shipping agents and brokers. Within the BP and IP zoning districts, such use shall be limited to offices only. Within the IG and IH zoning districts, freight transportation arrangement shall only be allowed as an ancillary use to a truck transportation use (NAICS 448).

5.03.205: Funeral Director Services

Within the IL, IG, and IH zoning districts, funeral director services shall only be allowed as an ancillary use to funeral parlors, mortuaries and embalming services.

5.03.210: Furniture and Home Furnishings Stores

Within the CN zoning district, only small-scale (GFA of 5,000 SF or less) furniture and home furnishings stores may be established.

5.03.215: Furniture and Related Product Manufacturing

Within the IP zoning district, the development of new furniture and related product manufacturing (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple -tenant buildings) shall be limited to small-scale manufacturers.

5.03.220: Game Arcades, Internet Cafes, Internet Gaming, and Similar Facilities

The following standards shall govern the establishment and operation of any business with a primary business activity consisting of the operation of game arcades, cyber cafes, internet gaming, and similar facilities:

A. All video games, pinball machines, computers, gaming stations and similar devices are to be located so as to be visible at all times by one or more employees of the business.

B. Game arcades, cyber cafes, internet gaming, and similar facilities shall be located a minimum of 1,000 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from a public or private elementary, middle (junior high) or high school, public park, recreation center, sports park, or any other similar facility where minors (persons under 18 years of age) regularly congregate.

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Ontario Development Code Page 5.03-71 (Rev. 03.18.202508.19.2025) C. Minors shall not be permitted to enter or remain in a g ame arcade, cyber cafe, on- line internet gaming facility, or any similar facility during the following periods, unless accompanied by a parent or legal guardian:

1. Monday through Friday, between 8:00 AM and 3:00 PM, or after 10:00 PM; and Saturday and Sunday, after 10:00 PM.

3. Notice of the herein specified hours of restriction for minors shall be posted at the facilities entrance(s), in lettering of at least 2 inches in height.

D. The establishment shall not be open to customers, patrons or any member of the public between the hours of 12:00 AM and 7:00 AM.

E. "No Loitering " signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than 8 seats shall be provided for customers waiting to use a computer or game/gaming station. No outside waiting or seating area is permitted.

F. No person shall be permitted to consume or sell alcohol on the premises.

G. Employees shall be at least 21 years of age. There shall be a minimum of one employee managing the facility during all working hours. If the business has more than 20 games/gaming stations or computers, the business is required to add one additional employ ee for every additional 20 computers, or portion thereof, and for every 20 computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name.

H. Occupancy shall not exceed that required under the City 's building and fire codes, and the maximum occupancy load shall be posted at the main entrance.

I. The establishment shall maintain and operate a video surveillance system during all business hours, which is capable of storing a minimum of 186 hours (7 days) of video surveillance.

2. The business owner shall permit City Police and/or Code Enforcement officers to inspect the stored video surveillance during normal business hours, upon demand.

3. The video surveillance system shall be maintained in good working order.

4. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under video surveillance.

K. Any display of or access to adult -oriented materials for minors is prohibited. Access to adult-oriented materials, if permitted by the business owner, shall be limited to the hours of 10:30 PM to 12:00 AM.

L. Window areas shall not be covered or made opaque in any way. All windows and entrances shall be unobstructed at all times so as to allow an unimpaired line -of-sight by police officers.

M. The Chief of Police is authorized to require a specific owner/operator to provide a security guard on the premises in the event that there are significant calls for service relating to assaults, gang-related activity, weapons offenses, disturbances, juvenile related crime and truancy, or other good causes. The decision of the Chief of Police may be appealed to the City Council pursuant to Division 2.04 (Appeals) of this Development Code.

N. No exterior pay phones shall be permitted.

O. No gaming tournaments for cash prizes shall be permitted.

5.03.225: Gasoline and Fueling Stations

The below-listed standards shall govern the establishment and operation of gasoline and fueling stations and are intended to result in facilities that are well- designed, appropriate in scale, and enhance the surrounding community.

A. Self-Serve and Full Service Fueling Stations. The following standards shall govern the establishment and operation of self-serve and full service fueling stations:

1. A service station shall only be located at:

a. The intersection of 2 arterial streets;

b. The intersection of an arterial and collector street; or

c. The intersection of an arterial street and a freeway.

2. The project site shall have a minimum area of 22,500 SF.

3. The project site shall have a minimum width and depth of 150 FT.

4. The project site shall not have more than one access per street frontage.

5. Landscaping shall comprise a minimum of 20 percent of the site area.

6. Provide enhanced pavement sections to relieve visually dominant asphalt surfaces.

7. A self-serve or full service fueling station may include a fully automated car wash (e.g., roll-over or express car wash), which is incidental to the primary fueling station activity.

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8. An automated car wash which is ancillary to a self -serve or full service fueling station shall be setback a minimum of 100 FT from any residential zoning district or any residential dwelling in a mixed-use project.

9. A full -service fueling station may include general repair and servicing facilities (maximum 2 service bays), and automotive parts, accessories and tire sales, which is incidental to the primary fueling station activity.

B. Automated Fueling Facilities. The following standards shall govern the development and/or operation of automated fueling facilities:

1. Automated (card lock) fueling facilities shall be located with least one street frontage on an arterial street.

2. Automated (card lock) fueling facilities shall not locate within 1,000 FT of a residential zoning district and shall not interfere with the normal use of adjoining properties.

3. The project site shall have a minimum area of 40,000 SF.

4. Automated (card lock) fueling facilities located at the intersection of two street shall not have more than one access per street frontage. Mid-block facilities may be allowed two accesses on the same street.

5. Landscaping shall comprise a minimum of 40 percent of the site area.

6. All pump island areas shall be covered by a canopy, which shall not exceed 17 FT in overall height.

C. Conversion of Gasoline and Fueling Stations. A property originally improved as a gasoline or fueling station, and which is proposed to be converted so as to facilitate another allowed use, shall require upgrading and remodeling of the gasoline or fueling station. Necessary upgrading and remodeling shall include, but is not limited to, the following:

1. Removal of all fuel appurtenances;

2. Removal of canopies;

3. Removal of pump islands;

4. Removal of fuel storage tanks;

5. Removal of overhead doors;

6. Additional off-site street improvements or modification of existing improvements to conform to access requirements in effect at the time of conversion;

7. Exterior remodeling of the building;

8. Additional on -site landscaping and parking improvements to conform with requirements in effect at the time of conversion; and

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9. Conformance with all standards and guidelines contained in this Development Code, which are applicable to the base zoning district.

5.03.230: General Rental Centers

The following standards shall govern the establishment and operation of general rental centers:

A. General rental centers shall include home and garden tool and equipment rental services.

B. Within commercial and mixed -use zoning districts, general rental centers shall only be allowed in conjunction with " Building Materials, Garden Equipment and Supplies Stores, " Standalone general rental centers shall be prohibited within these zoning districts.

C. All outdoor storage of equipment shall be screened from public view.

5.03.235: Hardware Manufacturing

Within the IP zoning district, hardware manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.240: Home Occupations

A. Purpose. The purpose of these provisions is to allow for the operation of home -based businesses that are incidental to and compatible with residential land uses. A Home Occupation represents a legal income producing activity by the occupant of a residential dwelling unit.

B. Applicability.

1. License Required . No person shall engage in a Home Occupation unless such person holds a valid business license issued by the City.

2. Prohibited Uses. The following list represents example uses that are not considered to be incidental to and/or compatible with residential activities, and for which a Home Occupation permit shall not be issued:

a. Gun/munitions repair or sales;

b. Ammunition loading or sales;

c. Barber and beauty shops;

d. Businesses involving the harboring, training, breeding, raising or grooming of cats, dogs or other animals on the premises, except as otherwise permitted in the AR -2 zoning district;

e. Carpentry and cabinet making;

f. Medical and dental offices or clinics;
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g. Repair or fix-it shops;

h. Storage of equipment, materials and other accessories to the construction or service trades;

i. Motor vehicle repair (body or mechanical), upholstery or painting;

j. Welding or machining;

k. On-site sales of motor vehicles (new or used);

l. Massage services, excepting out-call services; and

m. Any other use determined by the Zoning Administrator that is not incidental to and/or compatible with residential activities.

C. Operating Requirements. Home Occupations shall comply with the following operating standards:

1. A Home Occupation shall be clearly incidental and subordinate to the primary residential use.

2. Only the occupants of the dwelling may engage in the Home Occupation.

3. Not more than one client/customer shall visit the premises at any one time, excepting in-home educational activities, including but not limited to music lessons, academic tutoring, or religious instruction, provided no more than 3 students are present at any one time and each of the operating requirements enumerated herein are complied with.

4. There shall be no change in the outward appearance of the premises.

5. There shall be no advertising that identifies the Home Occupation by street address.

6. The Home Occupation shall be conducted within an enclosed structure, completely confined to one room of the dwelling and occupying no more than 10 percent of the GFA of the dwelling, except as follows:

a. Floriculture may be conducted outdoors in conjunction with a single-family dwelling located in the appropriate zoning district. All activities shall take place within the rear one-half of the lot and occupy no more than 10 percent of the net lot area.

b. Within the AR-2 zoning district, kennels and catteries (limited to fewer than 8 animals) shall be conducted in conjunction with a single -family residential land use, within the rear one-half of the lot, and all applicable requirements of Section 5.03. 410.C (Animal Keeping and Production) of this Division shall be complied with.

c. Permitted accessory residential structures may be utilized for storage or workspace, provided the items being stored are contained completely within the structure, and use of the accessory residential structure maintains that the Home Occupation is inciden tal and subordinate to the primary residential use.
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7. Only one vehicle specifically associated with the Home Occupation, no larger than a one-ton pick-up truck or van, may be maintained on the property.

8. There shall be no use or storage of materials, chemicals, compounds or equipment not typically recognized as being part of a normal household or hobby use.

9. Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises.

10. Cottage Food Operations shall be conducted consistent with State law operating requirements and shall only involve products contained on the A pproved Cottage Foods list maintained by the California Department of Public Health.

11. The Home Occupation shall not generate vehicular or pedestrian traffic in greater volumes than normal in a residential neighborhood.

12. The Home Occupation shall not involve the use of commercial vehicles for delivery of materials either to or from the premises, excepting the use of standard parcel delivery services.

13. No equipment or processes shall be used that creates noise, odor, smoke, glare, dust, fumes, vibration, or result in interference with radio or television reception detectable to the normal senses outside the dwelling unit in which the Home Occupation is c onducted.

14. If the Home Occupation is to be conducted on rental property, the property owner's written authorization shall be provided on the home occupation application.

15. No Home Occupation shall be conducted without a current City business license.

D. Internet, Direct Mail, and Telephone Retail Sales.

1. Direct business to consumer retail sales via internet, direct mail or telephone, including wine sales (Type 85 ABC license) conducted pursuant to BPC Sections 23393.5, 23661.7, 24045.18, 25503.56, and 25503.9, shall be permitted as a Home Occupation.

2. No items intended for retail sale shall be stored on the premises, or packaged and shipped from the premises, in quantities greater than typical for single -family dwellings.

3. The business premises shall not be open to the public for the purchase or pickup of retail items.

E. Change in Information or Circumstance. If during the life of a home occupation, the applicant has any change in information or circumstance concerning the original application, notification shall be made to the Planning Department, in writing, within 30 days of the change occurring.

F. Inspections. Authorized representatives of the City 's Planning Department, Police Department, Building Department, Fire Department, and/or Code Enforcement Officers shall have the right to enter the property upon which a home occupation permit has been granted, during normal business hours, for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws and provisions of this Development Code and the Ontario Municipal Code.
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5.03.245: Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers

The following standards shall govern the establishment and operation of hookah establishments:

A. Purpose. The purpose of this Section is to help mitigate negative impacts associated with smoking and vaping uses, in order to serve the public health, safety, and welfare of City residence, and City businesses and their patrons. Furthermore, this Section is specifically intended to reduce the impact of smoking and vaping uses on minors, as an abundance of such uses increases the potential for minors to associate smoking and vaping with a normative lifestyle.

B. Applicability. All smoking and vaping businesses throughout the City shall comply with the regulations and requirements of this Section.

C. Definitions. For the purposes of this Section, the words or phrases listed below, in correct alphabetical order, shall have the meanings hereafter specified:

1. Electronic Cigarette (E-Cigarette). An electronic device, which is typically battery- operated, designed to deliver a nicotine -based liquid, or other substance, that is vaporized and then inhaled (called "vaping"), simulating the experience of smoking tobacco. Such devices are manufactured to resemble traditional tobacco cigarettes, cigars, pipes, or even everyday items, such as pens or USB memory sticks. The term includes any such device manufactured, distributed, marketed, or sold as an electronic cigarette o r e- cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed physician.

2. Hookah Establishments. Any facility or location whose business operation, whether a primary or accessory use, is characterized as a commercial establishment where patrons gather to share in the smoking of flavored tobacco (shisha) from a communal hookah, including but not limited to establishments known variously as a hookah lounge or bar, or shisha bar or den , including smoking cigars or establishing cigar bars.

3. Hookah. A single or multi- stemmed instrument for smoking flavored tobacco (or shisha), whose vapor or smoke is passed through a water basin before inhalation.

4. Smoking/Vaping Lounge. Any facility or location whose business operation, whether a primary or accessory use, is characterized by the sale, offering, and/or preparation of smoking tobacco, electronic cigarettes, or similar products, including but not limited to establishments known variously as smoking lounges, and vaping lounges, excluding cigars and cigar bars.

5. Smoking/Vaping Retailer . A smoke shop, tobacco store, electronic cigarette retailer, or any other retail business where more than 25 percent of the gross floor area is dedicated to the sale of tobacco or tobacco products, electronic cigarettes, or related products, for consumption off the premises.

D. Operating Requirements. Hookah establishments, smoking/vaping lounges, and smoking/vaping retailers shall comply with the following operating standards:

1. Hookah Establishments. The following standards shall govern the establishment and operation of hookah establishments:
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a. A standalone hookah establishment may be established within an outside patio area that is open to the sky, either: [i] as a standalone establishment, [ii] in conjunction with a sit-down restaurant, or [iii] in conjunction with an ABC-licensed bona fide eating establishment.

b. A hookah establishment shall not be established in conjunction with live entertainment.

c. A hookah establishment shall not be established in conjunction with a bar , or nightclub, sit -down restaurant, or in conjunction with an ABC licensed bona fide eating establishment.

d. A hookah establishment shall maintain a valid tobacco retail license pursuant to Business and Professions Code Section 229 71.7, et seq., and operate in compliance with all applicable State laws and regulations pertaining to smoking facilities (limitation on numbers of paid staff shall meet CAL-OSHA requirements for air filtration and circulation and meets fire standards for smoking lounges).

e. A hookah establishment shall dispose of ash and coals pursuant to the requirements of the Ontario Fire Department.

f. A hookah establishment with an outside patio area that is open to the sky shall be located a minimum of 1,000500 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any residentially zoned property or sensitive land use, including hospitals and other healthcare facilities; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate.

g. A hookah establishment shall not be established with an outside patio area when located in mixed use zoning districts with a vertical separation between land uses (i.e., residential units located above commercial land uses).

f.h. An indoor hookah establishment meeting CAL -OSHA requirements for air filtration and circulation is not subject to the above 500 FT separation requirement from residentially zoned property or sensitive land uses.

i. A hookah establishment shall be located a minimum of 1,000500 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any other hookah establishment, or a smoking/vaping lounge or smoking/vaping retailer.

g.j. A hookah establishment shall be located a minimum 1,320 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any smoking/vaping retailer.

2. Smoking/Vaping Lounges . The establishment and operation of smoking/vaping lounges shall be prohibited, excepting hookah establishments established pursuant to Paragraph D.1 (Hookah Establishments) of this Section.

3. Smoking/Vaping Retailers. The following standards shall govern the establishment and operation of smoking/vaping retailers:
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a. A smoking/vaping retailer shall be located a minimum of 1, 320 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any residentially zoned property or sensitive land use, including residential land uses within mixed use developments, h ospitals and other healthcare facilities ; senior citizen care facilities; preschools; daycare facilities; public or private elementary, middle (junior high) or high schools; public parks; recreation centers; sports parks; or any similar facility where minors (persons under 18 years of age) regularly congregate; and

b. A smoking/vaping retailer shall be located a minimum of 1, 320 FT, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, from any other smoking/vaping retailer, or a hookah establishment.

c. No smoking/vaping shall be permitted in conjunction a smoking/vaping retailer.

5.03.250: Hotels, Motels, Residence Inns, and Other Similar Traveler Accommodation

The following standards shall govern the establishment, construction, and operation of hotels, motels, residence inns, and other similar traveler accommodation:

A. Kitchens, kitchenettes, and Other Cooking Facilities. Kitchens, kitchenettes, and other cooking facilities shall not be permitted within guestrooms, excepting the manager 's unit and residence inns.

B. Minimum Number of Guestrooms Required. A hotel, motel, residence inn, or other similar traveler accommodation shall contain no fewer than 6 guest rooms.

C. Market Feasibility Report Required. A Conditional Use Permit application to establish a hotel, motel, residence inn, or other similar traveler accommodation, shall be accompanied by a market feasibility report prepared by a professional economist, and shall include the following information:

1. A complete listing of proposed facilities, amenities, and services (i.e.: number and type of rooms, meeting space square footage, recreational amenities, business services such as data ports-workstations-etc., refrigerators in room, laundry service, restau rant-coffee shop-food service, etc.);

2. History of proposed developer and potential operators (i.e.: years in business, principals, capitalization, experience, listing of projects, number of units owned, average rates charged, occupancy rates, etc.);

3. Analysis of economic environment projecting likely future economic conditions as they relate to the operation of the subject hotel;

4. Subjects competitive market (i.e.: identification of their market, 3 and 5 year history of occupancy-average daily rate-revenue per available room trends for that market, estimated share of the market the hotel will capture during the first five years of operation, etc.);

5. Analysis of the economic impacts on existing hotel markets within Ontario (i.e.:
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6. Relationship to demand generators (i.e.: airport, convention center, corporate market, shopping, and entertainment); and

7. Public cost/revenue projections.

D. Minimum Amenity Package. No Development Plan and/or Conditional Use Permit shall be approved for a hotel, motel, residence inn, or other similar traveler accommodation, unless the following amenities are provided:

1. Each guestroom shall include voicemail, wired or wireless internet access, desk with chair, hairdryer, retractable magnifying (10X) and lighted makeup mirror, iron and ironing board, high definition television, and alarm clock or wake-up service;

2. Minimum of 15 SF of meeting space per guestroom for limited – service hotels and 30 SF for full-service hotels;

3. The following minimum active and passive leisure amenities shall be provided:

a. A swimming pool, except that the Approving Authority may approve smaller boutique hotels, motels, residence inns, or other similar travel accommodations having fewer than 75 rooms, with alternate amenities, such as, but not limited to:

(1) A full-service restaurant or café;

(2) Highly amenitized guest rooms, which exceed the minimum amenities required by Paragraph D.1, above;

(3) Meeting space, which substantially exceeds the minimum requirements of Paragraph D.2, above;

(4) Highly detailed architectural features that reflect an established architectural style identified in Reference C (Architectural Styles) of this Development Code; and/or

(5) Other amenities acceptable to the Approving Authority; and

b. A whirlpool/spa; or a furnished cabana containing items such as lighting, ceiling fans, tables, chairs, sofas, lounge chairs, and fire pit;

c. A fitness room; and

4. A full-service restaurant shall be provided in conjunction with a full-service hotel and a guest courtesy lounge (for light meals and snacks) shall be provided with limited-service hotels.

E. Occupancy of Accommodations.

1. No guestroom shall be rented for a period exceeding 30 consecutive calendar days, counting portions of calendar days as full days.
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2. No guestroom shall be rented for less than one 24-hour period.

F. Hotels, Motels, Residence Inns, and Other Similar Traveler Accommodation Located in the SP (Specific Plan) Zoning District. Hotels, motels, residence inns, and other similar traveler accommodations that are located in the SP (Specific Plan) zoning district shall be subject to Conditional Use Permit approval.

5.03.255: Leather and Allied Product Manufacturing, Other

The following standards shall govern establishment and operation of "other leather and allied product manufacturing" facilities:

A. "Other leather and allied product manufacturing " shall include the manufacture of luggage, handbags, purses, personal leather goods, and other leather products.

B. Within the BP and IP zoning districts, the development of new "other leather and allied product manufacturing" shall be limited to small-scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.257: Live Entertainment

The following standards shall govern the establishment and operation of live entertainment facilities:

A. No person, firm, partnership, corporation, company, or non -profit or charitable organization shall conduct any entertainment, without first making application to the City and obtaining a Conditional Use Permit or Administrative Use Permit, as applicable, to do so, nor shall any person conduct the same during the time while a permit to do so is revoked.

B. Any modifications or revisions to the live entertainment provided under a Conditional Use Permit or Administrative Use Permit shall require City approval.

5.03.260: Machine Shops, and Turned Product, Screw, Nut, and Bolt Manufacturing

Within the IP zoning district, the development of new machine shops, and turned product, screw, nut, and bolt manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single - tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.265: Manufacturing, Miscellaneous

Within the IP zoning district, the development of new "miscellaneous manufacturing " shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

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5.03.270: Massage Establishments and Services

The following provisions shall govern Massage Establishments and/or any business providing massage services, or any person that administers massage for financial or other consideration, or acts in the capacity of a Massage Practitioner or Massage Therapist:

A. Requirements for Massage Establishments and Massage Services for Compensation . No person shall provide massage services for compensation or engage in the business of massage, or administer massage or provide services as a Massage Therapist or Massage Practitioner, unless such person holds a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600 , et seq.

B. Massage Establishment Operational Requirements . Every Massage Establishment shall maintain facilities meeting the following requirements:

1. If wet and dry heat rooms, steam and vapor rooms or cabinets, toilet rooms, shower rooms, bathrooms, tanning booths, whirlpool baths, or pools are offered, they shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open. Bathtubs shall be thoroughly cleaned and disinfected. All walls, ceilings, floors, and other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition.

2. Instruments for performing massage shall not be used on more than one patron unless they have been sterilized using sterilizing methods approved by the San Bernardino County Health Department.

3. All employees, including Massage Practitioners and/or Massage Therapists, shall be clean, and shall be clothed in a manner consistent with the Massage Therapy Act, BPC Division 2, Chapter 10.5 (commencing with Section 4600).

4. No person shall enter, be or remain in any part of a Massage Establishment while in possession of, consuming or using any alcoholic beverage or drugs, except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, man ager or permittee shall not permit any such person to enter or remain upon such premises.

5. No massage service may be carried on within any cubicle, room, booth or any area within a Massage Establishment which is not immediately accessible to supervisory, safety or inspection personnel during all hours of operation.

6. No Massage Establishment employing Massage Therapists shall be equipped with tinted or "one-way" glass in any room or office.

7. Pads used on massage tables, or on other furniture upon which massage services are performed, shall be covered with a durable, washable plastic or other waterproof material acceptable to the City.

8. A list of all Massage Therapy services and their costs shall be posted in an open and conspicuous place near the entrance of the Massage Establishment. No Massage Establishment Owner or Manager shall permit, and no employee or independent contractor of the Massage Establishment shall offer to perform, any Massage Therapy services, or charge any fees, other than those posted.

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9. No portion of the Massage Establishment will be used for overnight stay or residential purposes.

10. No Massage Establishment shall be opened at the same address where a Massage Establishment was closed and/or revoked in violation of any provision of this Chapter, or for any violation of Federal, State, or local laws, for at least 24 months at location(s) where the closure(s) occurred.

11. A sign at least 8.5 inches by 11 inches in size, containing the following written notice in minimum 16-point font, shall be posted in a conspicuous place in the Massage Establishment, displayed in English, Vietnamese, Mandarin, Spanish, Cantonese, and Korean, and easy to read by any person entering the premises:

If you or someone you know is being forced to engage in any activity and cannot leave – whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity – call the National Human Trafficking Hotline at 1-888-373-7888 or the Coalition to Abolish Slavery and Trafficking (CAST) 1-888-KEY-2-FREE or 1-888-539-2373 to access help and services. Victims of slavery and human trafficking are protected under United States and California Law.

These hotlines are:
• Available 24 hours a day, 7 days a week.
• Toll-free.
• Operated by nonprofit, nongovernmental organizations. • Anonymous and confidential.
• Accessible in more than 160 languages.
• Able to provide help, referral to services, training, and general information.

C. Massage Establishment Hours of Operation. Massage Establishment hours of operation shall be limited to 8:00 AM to 10:00 PM of the same day.

D. Outcall Massages. No Massage Therapy shall be conducted in a hotel or motel room, or in the private residence of the Massage Therapist.

E. Minimum Separation Between a Massage Establishment and Sensitive Land Uses. Maintain a minimum 300 -FT separation between a Massage Establishment and any sensitive land use, including schools, preschools, child daycare facilities, or parks.

F. Right of Authorized Representatives to Enter a Massage Establishment. As a condition of business license issuance for a Massage Establishment, the permittee shall consent to the right of authorized representatives of the City's Police Department, Building Department, Fire Department, Code Enforcement Officers or San Bernardino County Health Department to enter the Massage Establishment during regular business hours for the purpose of making reasonable unscheduled inspections, to observe and enforce compliance with applicable regulations, laws, and provisions of this Development Code.

The following notice shall be posted in a conspicuous place in the Massage Establishment. The notice must be easy to read by any person, must be displayed in English and Spanish, and must be visible to anyone entering the Massage Establishment:

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DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY AUTHORIZED CITY OF ONTARIO PERSONNEL WITHOUT PRIOR NOTICE.

G. Business Owner Required to Maintain a List of all Employees and Independent Contractors, and Their CAMTC or City Certifications. As a condition of business license issuance for a Massage Establishment, the business owner shall provide a list of all employees and independent contractors and their CAMTC or City certifications. The business owner shall notify the City should this information change. Additionally, with the annual renewal of their business license, the business owner shall provide an updated list of all employees and their certifications.

H. Institutions or Classes of Individuals Not Applicable to this Section. The provisions of this section pertaining to massage services shall not apply to the following institutions or classes of individuals, while engaged in the performance of the duties of their respective professions:

1. Hospitals, nursing homes, sanatoriums or other similar health facilities duly licensed by the State;

2. Recognized schools of massage;

3. Physicians, surgeons, chiropractors, osteopaths, or physical therapists, who are duly licensed to practice their respective professions in the State, or other persons licensed to practice any healing art pursuant to BPC Section 500, et seq.;

4. Nurses registered under the laws of the State;

5. Barbers, cosmetologists, beauticians, and manicurists who are duly licensed under the laws of the State while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face, scalp, hands and/or feet of the customer client;

6. Coaches and trainers in accredited high schools, junior colleges, and colleges or universities, acting within the scope of their employment; and

7. Trainers of amateur, semi-professional or professional athletes or athletic teams.

I. Chair Massage Services. The following operational requirements shall apply to the location, establishment, and operation of Chair Massage Services:

1. Any person, corporation or partnership wishing to perform chair massage in the City shall first be doing business at a fixed location in the City, having a valid business license, or a valid home occupation pursuant to the "home occupations" provisions of this Division.

2. Chair massage services may be performed only by a person with a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600, et seq., or a valid City Massage Therapist permit.

3. Chair massage services may only be offered at nonresidential places of business within the CS, CN, CC, CR, CCS, OL, OH, MU -1, and ONT zoning districts and the California Commerce Center North (Ontario Mills) Specific Plan.

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4. A Massage Therapist offering chair massage shall have a signed contract for service at each location the service is provided. A copy of such contract shall be provided for inspection upon demand, to any City official with responsibility for enforcement of this Section.

The contract shall specify the location, days, and times the service is to be offered.

5. Chair massage shall be offered at a set time and day at each location and shall not be offered at any other time. Such service shall only be conducted between the hours of 8:00 AM and 10:00 PM of the same day.

J. Unlawful Conduct. The following actions shall constitute unlawful conduct as they pertain to the location, establishment, and operation of Massage Establishments and Services:

1. It shall be unlawful for any person, for financial or other consideration, to massage any other person, or give or administer any bath, or give or administer any of the other services set forth in this Development Code for immoral purposes, or in a manner intended to arouse, appeal to, or gratify the lust or passions or sexual desires.

2. It shall be unlawful for any Massage Therapist to massage the genital area of any patron or the breasts of any female patron or for any responsible managing officer in charge of the premises of a Massage Establishment to allow or permit such massage.

3. It shall be unlawful for a person serving as a Massage Therapist to be clothed in a manner inconsistent with the Massage Therapy Act, BPC Division 2, Chapter 10.5 (commencing with BPC Section 4600). Massage Therapists shall maintain their permit identifica tion card clearly visible on their person during business hours.

4. It shall be unlawful for a Massage Therapist issued a permit by the City in accordance with Paragraph A.2 of this Section, to perform any massage service at any location other than that location specified on the Massage Therapist 's permit. If during the life of a permit, the applicant has any change in information concerning the original application, notification shall be made to the Zoning Administrator, in writing, within 30 days of the change.

5. It shall be unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a Massage Establishment to employ or permit a person to act as a Massage Therapist who is not in possession of a valid, unrevok ed Massage Therapist permit issued pursuant to Paragraph A.2 of this Section, or a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600, et seq.

6. It is unlawful for any Massage Establishment, Massage Therapist or Massage Practitioner to provide, or to offer to provide, out-call massage services in the City. For the purpose of this provision, the term "out-call massage services" shall mean to engage in or carry on massage, not at a fixed location, but at a location designated by the customer or client. "Out-call massage services" shall not include chair massage services conducted pursuant to Subsection G (Institutions or Classes of Individuals Not Applicable to this Section) of this Section.

K. Violations and Penalties. The following violations and penalties shall apply to the location, establishment, and operation of Massage Establishments and Services:

1. Every person, except those persons who are specifically exempted by the massage services provisions pursuant to division F herein, whether acting as an individual, owner, employee of the owner, or operator or employee of the operator, or whether acting as a mere helper for 845
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2. Any owner, operator, manager, or permittee in charge or in control of a Massage Establishment who knowingly employs a person performing as a Massage Therapist, as defined in this Development Code, who is not in possession of a valid, unrevoked Massage Therapist permit issued pursuant to Paragraph A.2 of this Section, or a valid Massage Practitioner or Massage Therapist certification issued by the California Massage Therapy Council (CAMTC) pursuant to BPC Section 4600 et seq., or who allows such an employee to perform, operate, or practice within such a place of business shall be guilty of a misdemeanor.

3. Any owner, operator, manager, or permittee in charge or in control of a Massage Establishment under this Development Code shall be a Responsible Person. " Responsible Person" shall mean a person who causes a violation of this Development Code or the Ontario Municipal Code to occur, or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee, or independent contractor causes a vi olation to occur, or allows a violation to exist or continue. A Responsible Person shall be liable for the violation of his or her agent, employee, or independent contractor. For the purposes of this Development Code, there may be more than one Responsible Person for a violation.

4. Any Massage Establishment operated, conducted, or maintained contrary to the provisions of this Development Code shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence actions or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and shall take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate or remove such Massage Establishment and restrain and enjoin any person from operating, conducting or maintaining a Massage Establishment contrary to the provisions of this Development Code.

5. Any violation of any of the provisions of this Development Code shall be subject to punishment for violation in accordance with the penalty provisions set forth in OMC Title 1, Chapter 2 (Penalty Provisions). Punishment for any violation of any of this Dev elopment Code's provisions shall be in accordance with the Ontario Municipal Code punishment and fine provisions as set forth in OMC Section 1-2.01 (Punishment for Violation).

5.03.275: Material Recovery Facilities (MRF)

All activities associated with a MRF shall be wholly contained within a fully enclosed building , excepting salvage facilities (such as automobile dismantling and metal salvage/recycling) established in compliance with the requirements of Section 5.03.350 (Salvage Facilities) of this Division, which may be allowed outside with the approval of a Conditional Use Permit .

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5.03.280: Marijuana Dispensary

Notwithstanding any other provision of this Development Code, a Marijuana Dispensary, as defined in Division 9.01 (Definitions) of this Development Code, shall be a prohibited use in all zoning districts of the City, as follows:

A. The operation of any marijuana dispensary within the City is hereby declared a public nuisance and shall be abated pursuant to all available remedies. Violations of this Section may be enforced by any applicable law.

B. No person shall deliver marijuana or marijuana -infused products, such as tinctures, baked goods or other consumable products, to any location within the City from a marijuana dispensary, regardless of whether the marijuana dispensary from which the delivery originated is within the City, or engage in any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet, or assist in the operation of any marijuana dispensary in the City.

C. No person shall deliver marijuana or marijuana -infused products with such delivery originating from any marijuana dispensary located within the City, regardless of whether the delivery destination is within the City.

5.03.285: Mixed-Use Developments

A. Residential Mixed-Use Projects. The following standards shall govern the development of residential mixed use projects consisting of single -family and /or multiple-family dwellings constructed in conjunction with a variety of complementary commercial land uses as may be allowed within the base zoning district pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, including office, retail, public, or entertainment uses, in a fully integrated development project having functional interrelationships and a cohesive physical design:

1. Residential Mixed-Use Developments Subject to the Standards and Guidelines of the Base Zoning District. The site and building(s) of a residential mixed use development project shall be designed and constructed pursuant to, and consistent with, the development standards (e.g., FAR, landscape coverage, lot size, setbacks and separations, etc.) and design guidelines of the base zoning district.

2. Residential Mixed-Use Developments within Commercial Zoning Districts.

a. As allowed within commercial zoning districts pursuant to Table 5.02-1 (Land Use Matrix) of this Development Code, dwellings may be constructed on the upper floors of commercial buildings containing office, retail, public and/or entertainment uses, or behind commercial buildings containing such uses, at or above ground level.

b. To ensure that the residential portion of a mixed use development is no more intense than the commercial development that would otherwise be allowed, the maximum residential density shall be determined based upon an Equivalent Impact Study (EIS) prepared for the project, which assesses the maximum allowed residential density based upon the comparable traffic generation, water usage, and sewerage generation of the maximum allowed commercial floor area.

c. The applicant for a mixed-use development project shall be responsible for all City costs incurred in preparing the EIS.
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3. Residential Mixed-Use Developments within Mixed Use Zoning Districts . Residential mixed-use development projects within mixed-use zoning districts shall be developed pursuant to the requirements of Section.6.01.020 (Mixed Use Zoning Districts) of this Development Code and the Policy Plan component of The Ontario Plan.

B. Nonresidential Mixed-Use Projects. The following standards shall govern the development of nonresidential mixed use projects consisting of commercial land uses constructed in conjunction with a variety of complementary light industrial and business park land uses as may be allowed within the base zoning district pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, in a fully integrated development project having functional interrelationships and a cohesive physical design:

1. Nonresidential Mixed-Use Developments Subject to the Standards and Guidelines of the Base Zoning District. The site and building(s) of a nonresidential mixed use development project shall be designed and constructed pursuant to, and consistent with, the development standards (e.g., FAR, landscape coverage, lot size, setbacks and separations, etc.) and design guidelines of the base zoning district.

2. Nonresidential Mixed-Use Developments within Industrial Zoning Districts.

a. As allowed within industrial zoning districts pursuant to Table 5.02- 1 (Land Use Matrix) of this Development Code, commercial land uses may be constructed on the upper floors of industrial buildings, or behind industrial buildings containing such uses, at or above ground level.

b. To ensure that the nonresidential portion of a mixed use development is no more intense than the industrial development that would otherwise be allowed, the maximum residential density shall be determined based upon an Equivalent Impact Study (EIS) prepared for the project, which assesses the maximum allowed residential density based upon the comparable traffic generation, water usage, and sewerage generation of the maximum allowed industrial floor area.

c. The applicant for a mixed-use development project shall be responsible for all City costs incurred in preparing the EIS.

3. Nonresidential Mixed-Use Developments within Mixed -Use Zoning Districts . Within mixed use zoning districts, nonresidential mixed-use developments shall be developed pursuant to the requirements of Section.6.01.020 (Mixed Use Zoning Districts) of this Development Code and the Policy Plan component of The Ontario Plan.

5.03.290: Mobile Food Services

The following standards shall govern the design and establishment of mobile food services:

A. Mobile food services shall only be allowed in conjunction with a temporary event approved pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code.

B. All mobile food services shall display a current San Bernardino County Department of Environmental Health Services operating decal and/or permit, and inspection letter grade.

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Ontario City CouncilAugust 5, 2025

Ontario City Council
August 5, 2025