Ontario City Council
August 19, 2025

PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
AMENDMENT NO. 1.0

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
NINYO & MOORE, INC.

1. Parties and Date.

This Amendment No. 1.0 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Ninyo & Moore, Inc., a California Corporation, “Consultant”. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “ On- Call Project Management Services” dated May 2, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend this Agreement to increase the compensation by One Hundred Forty-One Thousand One Hundred Thirty-Six Dollars ($141,136) for a total-not-to-exceed compensation of Two Hundred Ninety-One Thousand One Hundred Thirty-Six Dollars ($291,136), include additional project specific proposal to the Exhibit A through Exhibit B, and extend the term of the Agreement to May 2, 2027.

This increase in compensation is for the additional scope of work listed in the attached Consultants’ Proposal titled “ Geotechnical and Materials Testing Services UT1066 Downtown Water Main Improvements” and dated June 10, 2025.

2.3 Amendment Authority. This Amendment No. 1.0 is authorized pursuant to Section

3.2.4 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.2.1, Exhibit A through Exhibit B of the Agreement is hereby amended in its entirety to read as follows:
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3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" and Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Ninety-One Thousand One Hundred Thirty-Six Dollars ($291,136) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Exhibit “A” - SCOPE OF SERVICES is hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

Exhibit “B” – SCHEDULE OF SERVICES is hereby deleted in its entirety and replaced with Attachment B attached hereto and incorporated herein by reference.

Section 3.1.2, Term of the Agreement is hereby amended in its entirety to read as follows:

3.1.2 Term. The term of this Agreement shall be from May 2, 2023 to May 2, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1.0, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1.0. From and after the date of this Amendment No. 1.0, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.0.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.0.

3.4 Severability. If any portion of this Amendment No. 1.0 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 1.0 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND NINYO & MOORE, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1.0 as of the day and year first above written.

CITY OF ONTARIO NINYO & MOORE, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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EXHIBIT “A”

SCOPE OF SERVICES
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7888 Cherry Avenue, Unit I | Fontana, California 92336 | p. 909.758.5960 | www.ninyoandmoore.com June 10, 2025
Proposal No. 212284000J
Mr. Jonathan Yang
Associate Engineer
City of Ontario
1425 S. Bon View Avenue
Ontario, California 91761
Subject: Proposal for Geotechnical and Materials Testing Services UT1066 Downtown Water Main Improvements
Ontario, California
OMUC Project No. UT1066
References: Ardurra, 2025, Water Main Improvement Plans for Ontario Municipal Utilities Company, Project No. UT1066 Downtown Water Main Improvements, 100% Submittal, dated April 2025.

Ontario Municipal Utilities Company, 2025, Section 00800 Technical Specifications for OMUC Project No. UT1066 Downtown Water Main Improvements, not dated.

Ontario Municipal Utilities Company, 2025, Request for Proposal for Geotechnical and Materials Testing Services, OMUC Project No. UT1066 Downtown Water Main Improvements, dated April 3, 2025.

Converse Consultants, 2023, Geotechnical Investigation Report for UT1065 and UT1066 Water Main Improvements, dated October 16, 2023.

Dear Mr. Yang:

Ninyo & Moore is pleased to submit its proposal to provide geotechnical and materials testing services for the upcoming Ontario Municipal Utilities Company UT1066 Downtown Water Main Improvements project located in the City of Ontario, California. We are providing our proposal in the following format per the Request for Proposals (RFP) dated April 3, 2025. We understand the importance of reliable testing and inspection services in maintaining the safety, performance, and compliance of critical infrastructure improvements. As your consultant, we will provide you wi th high quality, comprehensive services in an efficient manner . Additional advantages offered by Ninyo & Moore include the following:
• A proven track record in timely services for a large number of similar projects. • A project team composed of highly experienced staff who have recent experience with similar projects. • The resources of Ninyo & Moore, one of the largest geotechnical, materials testing, inspection and environmental consulting firms in southern California employing 600 professionals and possessing four fully-equipped, in-house testing laboratories, will be fully available to this project.

We appreciate the opportunity to submit this proposal, and we look forward to working with you on this project.

If you have any questions regarding this submittal, please call me at (949) 753-7070.

Respectfully submitted,

NINYO & MOORE
Enrique H. Romero Garreth M. Saiki, PE, GE
Project Manager Principal Engineer
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EXECUTIVE SUMMARY
Ninyo & Moore is pleased to submit this proposal for the Ontario Municipal Utilities Company Project No. UT1066 that involves installing approximately 8,800 linear feet of new 8-inch and 12-inch cement mortar lined and coated welded steel water main pipe. The project will also include the replacement of valves, fire hydrants, water service lines, and pavement and street restoration in the City’s downtown area, spanning locations such as Palm Avenue, D Street, Holt Boulevard, Plum Avenue, and alleys west of Euclid Avenue. The work will involve open trench excavation, full-depth pavement removal and restoration, and concrete driveway reconstruction.

The UT1066 project is a key component of the City’s infrastructure upgrade initiative, aimed at replacing aging and undersized water mains in one of the City’s most active civic and commercial districts. This project will be executed under urban constraints where access, traffic control, and shutdown coordination are major considerations. The work includes multiple reconnections to existing services, and successful implementation will require close collaboration among the City, contractors, inspectors, and the public.

As part of the restoration scope, backfilled trenches will receive crushed aggregate base (CAB), asphalt concrete (AC) base paving, and asphalt rubberized hot mix (ARHM) overlays. Driveways and other concrete features impacted during trenching will be reconstructed per City Standard Drawings. Temporary and permanent traffic control, nighttime and weekend work restrictions, and sequencing will all impact testing and inspection schedules. Our team understands the importance of minimizing disruption to residents and businesses, and the need to quickly verify compliance to avoid delays.

Ninyo & Moore will provide full -time and as -needed field and laboratory support during trench backfilling, paving, and water system installation. Specific services will include compaction testing, observation during placement of AC and ARHM, field sampling of concrete, review of mix designs, and laboratory testing of soils, asphalt, and concrete. We are committed to helping the City ensure materials meet the requirements of the Greenbook and OMUC specifications.

Our technical approach emphasizes responsiveness, efficient coordination, and adherence to the specifications. Our team will maintain consistent communication with City representatives and the construction manager, and will provide timely and accurate test results —typically within 24 to 48 hours—to support progress while maintaining quality and safety. We understand the City’s goals for performance, public impact, and cost control, and we are fully prepared to support those priorities throughout the course of this project.
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STAFFING RESOURCES
Firm Staffing and Key Personnel
Ninyo & Moore has assembled a highly qualified team to ensure the successful execution of this project. Each member of the proposed team brings extensive experience and expertise in their respective roles, contributing to a streamlined approach to project management, field operations, laboratory testing, and quality assurance. Resumes of Key Personnel not previously provided in the Initial RFQ are being provided as attached.
• Garreth Saiki, P.E., G.E. – Principal Engineer
As Principal Engineer, Mr. Saiki will oversee the project’s technical execution and provide leadership in geotechnical engineering and materials testing activities. His responsibilities will include reviewing all project deliverables for technical accuracy, ensuring compliance with applicable codes and standards, and providing strategic guidance to the team. With decades of experience in geotechnical evaluations, materials testing, and special inspections, Mr. Saiki will act as a key liaison between the project team and City representatives, ensuring that all testing and inspection activities meet or exceed the project’s requirements. • Enrique Romero – Project Manager
Mr. Romero will serve as the Project Manager and will be responsible for overall project coordination, scheduling, and communication. He will manage the day -to-day operations of the project, including the assignment of resources, monitoring progress, and ensuring adherence to the project timeline and budget. Mr. Romero’s strong background in managing multi-disciplinary teams for public infrastructure projects ensures that all project milestones will be achieved efficiently. He will also be the primary point of contact for the City and contractors, facilitating seamless communication throughout the project lifecycle. • James Dalgity – Laboratory Manager
Mr. Dalgity will oversee all laboratory testing activities, ensuring that samples are processed accurately and within specified timelines. He will be responsible for supervising laboratory staff, maintaining compliance with applicable standards such as ASTM, AASHTO, and Caltrans, and providing quality control for all test results. Mr. Dalgity’s extensive experience in managing high- volume testing facilities ensures that the laboratory component of the project will operate seamlessly, providing reliable data to support construction quality assurance. • Jared Recla and Matthew Puraty – Field Operations Managers Mr. Recla and Mr. Puraty will lead field operations, ensuring that all on- site activities, including materials testing and inspection services, are executed efficiently and in compliance with project specifications. Their responsibilities will include coordinating field technicians, monitoring fieldwork progress, and ensuring that testing and inspection results are promptly reported. With extensive experience managing field operations for utility installations and infrastructure improvements, both Mr. Recla and Mr. Puraty possess a deep understanding of construction processes and quality assurance protocols. They will also provide technical support to field personnel and ensure that any on-site challenges are addressed promptly. • Joe Levario and Michael Torres – Field Technicians
Mr. Levario and Mr. Torres will perform on -site testing and inspection services throughout the duration of the project. Their responsibilities include observi ng and documenting construction activities, performing compaction testing, sampling and testing construction materials, and ensuring adherence to project specifications. With certifications from ACI, ICC, and Caltrans, as well as experience with public works projects, they are well-equipped to provide the high-quality field support necessary for the project’s success. Both technicians are trained in nuclear density testing, batch plant inspection, and materials testing for soils, aggregates, concrete, and asphalt.

Subcontractors/Subconsultants
Ninyo & Moore will perform all services in-house, leveraging our experienced staff and state-of-the- art facilities. No subcontractors or subconsultants are anticipated for this project. 157

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PROPOSED METHOD TO ACCOMPLISH THE WORK
Utility Trench Backfill – Observation & Compaction Testing Services Ninyo & Moore will provide full -time field observation and testing services during trench backfill operations. Our Field Technicians will ensure all trench backfill mat erials meet specified requirements, including compaction to 90% of the maximum dry density, as per ASTM D1557 and Greenbook standards. Import material will be tested for a sand equivalent value of 30 or greater (CT 217). Density testing will be performed at 150-foot intervals per lift and all findings will be documented in detailed reports to maintain project accountability.

Asphalt Concrete Placement – Observation & Compaction Testing Services Ninyo & Moore will assign a full -time Field Technician to perform thorough observation and compaction testing during aggregate base, asphalt concrete pavement, and asphalt rubberized hot mix (ARHM) overlay operations. Our services will strictly follow ASTM D1557 and Greenbook Specifications to ensure compliance with project requirements and optimal construction quality.

Our Field Technician will oversee the placement of an 8- inch crushed aggregate base (CAB), verifying proper placement techniques and conducting nuclear density testing every 150 linear feet per lift to achieve 95% of the maximum dry density. The technician will ensure compliance with moisture content requirements, monitor uniformity of compaction, and verify adherence to lift thickness specifications.

For the 6-inch asphalt concrete Type “B” PG 64-10 (allowing up to 15% Recycled Asphalt Pavement, RAP) or PG 70 -10 (with no RAP permitted), our technician will observe placement to confirm that compacted thickness does not exceed 4 inches per layer. The technician will measure the temperature of asphalt during placement, ensuring it remains within the specified range of 275°F to 325°F, and verify that tack coat is applied uniformly and within the specified application rate to promote adequate bonding between layers. Nuclear density tests will be conducted every 150 linear feet per lift to confirm 95% relative compaction of the maximum density.

For the 2-inch ARHM Type “GG-C” ½-inch PG 64-16 overlay, Ninyo & Moore’s Field Technician will ensure that the placement surface is free of dirt, water, or vegetation to support effective bonding.

Asphalt temperatures after two passes with the breakdown roller will be verified to exceed 240°F, and atmospheric temperature at the time of placement will be confirmed as 60°F and rising. The technician will monitor mixing to ensure that the asphalt rubber binder and aggregate are uniformly blended and visually inspect the mix for segregation, clumps, or improper blending.

During placement, the technician will ensure ARHM overlay thickness complies with design specifications, verify uniform placement without segregation or excessive pulling, and ensure that 158

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joint overlaps are compacted to provide seamless transitions. Nuclear density testing will be performed at 60-foot intervals, starting 5 feet from the beginning of paving and continuing to within 20 feet of the lot’s end, or 5 feet from the lot end if the segment is outside the 20 -foot limit. The technician will verify a 95% relative compaction of the maximum density.

Asphalt Batch Plant Services
Ninyo & Moore will provide a full-time Field Technician to perform inspection services at the asphalt batch plant. Our technicians will verify compliance with mix designs approved by the City, ensuring that all materials meet project specifications before delivery to the job site. Key inspection tasks include monitoring the production process to confirm the proper proportioning of aggregate, asphalt binder, and other additives, as well as checking mix temperatures and moisture levels.

We will visually inspect the final asphalt mix for uniformity, segregation, or clumping, and confirm that asphalt binder content aligns with project specifications. Our inspectors will maintain clear documentation of all batch plant activities, providing traceability and quality assurance for materials delivered to the site.

Laboratory Testing
Ninyo & Moore will conduct comprehensive laboratory testing of construction materials to ensure compliance with project specifications and industry standards. The tests performed will include proctor density, sieve analysis, sand equivalent, R-value, asphalt binder content (extraction) and gradation, Hveem stability and unit weight, and concrete compressive strength testing. Each test will be carried out using standardized methods and in alignment with applicable Greenbook and project specifications.
• Proctor Density Testing – Proctor density testing will be performed per ASTM D 1557 to determine the maximum dry densi ty and optimum moisture content of native soils and crushed aggregate base materials. This test is critical for establishing compaction standards in the field and ensuring compliance with design requirements. • Sieve Analysis Testing – Sieve analysis testing will be conducted per Caltrans Test Method (CT) 136 to determine the particle size distribution of crushed aggregate base material.

Results will be verified against Table 200-2.2.2 of the Greenbook Specifications, ensuring the material meets gradation requirements for proper load distribution and compaction characteristics.
• Sand Equivalent Testing – Sand equivalent testing, performed per CT 217, will assess the cleanliness of sand bedding and crushed aggregate base materials by determining the proportion of fine dust or claylike particles. Sand bedding must meet a minimum value of 30, while crushed aggregate base material must achieve a minimum value of 50 to comply with Greenbook requirements.
• R-Value Testing – R-value testing will be performed per CT 301 to evaluate the support characteristics of subgrade soils and aggregate base, providing input for pavement section design and verification of performance standards.
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• Hveem Stability and Unit Weight Testing – Hveem stability and unit weight testing will be performed per CT 366 to assess the mechanical properties of asphalt pavement and asphalt rubberized hot mix (ARHM) overlay. The test will verify that the "S-value" is within 3 points of the approved mix design, ensuring the material's structural integrity and resistance to deformation under traffic loads.
• Extraction and Gradation Testing – Extraction and gradation testing will be conducted per CT 382 and ASTM D 2172 for asphalt pavement and ARHM overlay. These tests will verify that the asphalt binder content and the aggregate gradation conform to the approved mix design specifications, ensuring proper performance and longevity of the pavement. • Compressive Strength Testing – Concrete compressive strength testing will be performed per ASTM C39 to confirm that the delivered mix meets strength requirements. For concrete paving, one set of three cylinders will be cast for every 100 cubic yards placed.

Our certified laboratory professionals will carefully document all test procedures and results in accordance with ASTM, AASHTO, Caltrans, and Greenbook standards. Comprehensive test reports will be provided to support construction quality assurance and closeout documentation.

Project Management and Coordination
Ninyo & Moore will provide a Principal Engineer, Project Manager, and Dispatcher to oversee project coordination, management, and technical support. These personnel will facilitate the smooth execution of services, ensuring that all tasks are performed efficiently and in alignment with project requirements. The Consultant’s Project Manager and Project-Specific Inspector will attend the pre- construction meeting to establish expectations and facilitate clear communication with the project team.

Key responsibilities include:

1. Active Communication and Collaboration: Ninyo & Moore will maintain a professional and collaborative relationship with the City’s Project Manager, Inspectors, hired Construction Management Consultant, and Contractor. Our team will act as a trusted partner, ensuring alignment with the City’s goals and objectives while addressing any issues promptly and professionally.

2. Review of Mix Designs: Ninyo & Moore will conduct a thorough review of all concrete, slurry, and asphalt concrete mix designs to verify compliance with project specifications and applicable standards. These reviews will ensure that all materials meet the required performance criteria for strength, durability, and suitability.

3. Field Inspection and Testing Reports: A comprehensive log of all field inspection and testing reports will be maintained throughout the duration of the project. This log will include detailed documentation of daily activities, observations, test results, and any corrective actions taken to resolve non-conforming work.

4. Project Scheduling and Reporting: Our team will coordinate the scheduling of all field and laboratory activities, ensuring that services are provided in a timely manner to avoid project delays. Regular progress updates will be provided to the City’s Project Manager to ensure transparency and alignment with project timelines.
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5. Project Close-Out Documentation: Upon project completion, Ninyo & Moore will provide a comprehensive close-out report that includes:
o A detailed summary of all services performed.
o A chronological and complete log of all field inspections and testing reports, organized in the appendices section.
o Supporting documentation such as test results, certifications, and final conclusions.

By leveraging our extensive experience, highly skilled personnel, and commitment to quality, Ninyo & Moore will ensure the successful execution of this project, providing reliable and professional services at every step.

Project Schedule
We understand that the total contract time for Project UT1066 is 183 calendar days. Our proposed services will align with the contractor’s phasing and the City's overall construction schedule. Based on the anticipated scope and an efficient work plan, our testing and inspection services are expected to occur intermittently throughout the 6-month construction duration.

The table below outlines our typical service durations, assuming a continuous and efficient sequence. However, all field and laboratory services will remain available on a full -time or on -call basis for the entirety of the project.

Task Anticipated
Duration General Timeframe
Pre-Construction Meeting & Mix Design
Review 3 days Beginning of Project
Utility Trench Backfill Observation & Testing ~60 days total Spread over 3–4 months Concrete Placement Testing (Driveways) ~3-4 days Mid- to Late Construction Asphalt Concrete Base Paving ~10 days Mid Construction
ARHM Overlay & Batch Plant Inspection ~10 days Toward End of Construction
Laboratory Testing Ongoing Parallel to Field Activities Daily Reports & Coordination Ongoing Throughout Construction Close-Out Report ~5 days End of Construction

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FEE PROPOSAL
Ninyo & Moore proposes to perform the outlined services for a time-and-material, not-to-exceed fee of $141,136.00. This fee has been developed based on the approved on -call contract hourly rates and considers the scope of services described in the project plans and specifications.

Our proposed fee covers all aspects of the work, including field observation and testing services, laboratory testing, project management, and coordination. The detailed breakdown of this fee can be found in Table 1 – Breakdown of Estimated Fee. The key components include the following:
• Field Observation and Testing Services: This includes full-time and as-needed services for utility trench backfill, aggregate base, asphalt concrete placement, ARHM overlay operations, and asphalt batch plant inspections.
• Laboratory Testing: Comprehensive testing of construction materials, including proctor density, sieve analysis, sand equivalent, R-value, asphalt binder content (extraction) and gradation, Hveem stability and unit weight, concrete compressive strength testing, and other quality control tests.
• Project Management and Coordination: Activities such as attendance at pre-construction meetings, review of mix designs, detailed documentation of field reports, and preparation of the project close-out report are also included in the proposed fee.

Ninyo & Moore remains committed to providing cost -effective, high-quality services while ensuring compliance with all applicable standards and project specifications. Any changes to the project scope or schedule will be communicated promptly to the City to address potential cost impacts and maintain transparency throughout the project duration.

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Project Engineer/Geologist/Environmental Scientist 1 hour @ 185.00$ /hour 185.00$ Senior Technician 1 hour @ 110.00$ /hour 110.00$
Subtotal 295.00$
Field Services
Utility Trench Backfill - Observation & Compaction Testing 480 hours @ 110.00$ /hour 52,800.00$ Asphalt Concrete - Observation & Compaction Testing 160 hours @ 110.00$ /hour 17,600.00$ Asphalt Batch Plant - Plant Inspections 80 hours @ 110.00$ /hour 8,800.00$ Concrete Sampling and Testing 16 hours @ 110.00$ /hour 1,760.00$ Field Vehicle Usage Fee 736 hours @ 15.00$ /hour 11,040.00$ Equipment Usage Fee 736 hours @ 12.00$ /hour 8,832.00$ Laboratory Testing
Proctor Density, ASTM D1557, ASTM D698 2 tests @ 220.00$ /test 440.00$ Sieve Analysis, D6913, CT 202 2 tests @ 145.00$ /test 290.00$ Sand Equivalent, ASTM D2419, CT 217 2 tests @ 125.00$ /test 250.00$ R-value, D 2844, CT 301 1 test @ 375.00$ /test 375.00$ Hveem Stability and Unit Weight, ASTM D1560, CT 366 2 tests @ 225.00$ /test 450.00$ Extraction, % Asphalt w/ Gradation, ASTM D2172, CT382 2 tests @ 250.00$ /test 500.00$ Concrete Compressive Strength, C 39 16 tests @ 35.00$ /test 560.00$ Project Management/Coordination
Principal Engineer/Geologist/Environmental Scientist 5 hours @ 210.00$ /hour 1,050.00$ Project Engineer/Geologist/Environmental Scientist 50 hours @ 185.00$ /hour 9,250.00$ Dispatcher/Geotechnical Assistant 10 hours @ 95.00$ /hour 950.00$ Subtotal 114,947.00$
Principal Engineer/Geologist/Environmental Scientist 4 hours @ 210.00$ /hour 840.00$ Project Engineer/Geologist/Environmental Scientist 2 hours @ 185.00$ /hour 370.00$ Subtotal 1,210.00$
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 210.00$ /hour 420.00$ Project Engineer/Geologist/Environmental Scientist 4 hours @ 185.00$ /hour 740.00$ Subtotal 1,160.00$
Unknown Testing Allowance 11,762.00$
Subtotal 11,762.00$
Additional Services, As Needed, Authorized by the City 11,762.00$ Subtotal 11,762.00$
TOTAL ESTIMATED FEE 141,136.00$
Additional Field Services
Review Mix Designs
Table 1 – Breakdown of Estimated Fee
Field Inspections & Testing Services
Project Punchlist/Close-out Report
Pre-Construction Meeting
Miscellaneous Testing
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OTHER INFORMATION
Past Project Experience
Ninyo & Moore has successfully completed similar projects involving utility installations and road restoration. Recent examples include:

Pyrite Creek Trunk Sewer and Regional Wastewater Force Main, Jurupa, California Ninyo & Moore provided geotechnical and compaction testing services during construction of the Pyrite Creek Trunk Sewer and Regional Wastewater Force Main projects located in Jurupa Valley, California. The project consisted of approximately 15,100 linear feet of 4-inch-diameter to 36-inch- diameter Polyvinyl Chloride Pipe (PVC) Sewer Line and 6,550 linear feet of 4- inch-diameter to 24- inch-diameter PVC Sewer Force Main, a sewer lift station, laterals, manholes, sluice gate, couplers, approximately 1,450 linear feet of 12-inch-diameter Cement-Mortar Lined/Cement-Mortar Coated/Welded Steel Pipe (CML/CMC WSP), fire hydrants, flanges, storm drain, electrical conduit, curb and gutter, aggregate base, asphalt concrete paving and overlay, traffic signal loops and other miscellaneous appurtenances. Also, portions of the sewer line were installed by jack-and-bore. Field services included observation, sampling, and testing during the trench backfill process, manhole construction, fine grading of subgrade and aggregate base, and asphalt concrete lay down operations. Laboratory testing services included Proctor density, sieve analysis, sand equivalent, percent wear, durability, concrete compression, R-value, Hveem, gradation, including extraction, and asphalt concrete core density testing on the samples collected in the field. Ninyo & Moore prepared an interim (Road Closure) density testing report along with a final density testing report.

Water System Improvements, Lakeland Village Project, Lake Elsinore, California Ninyo & Moore provided, as -requested, materials testing services pertaining to construction of the Water System Improvements in Lakeland Village project located in Lake Elsinore, California. The project generally consisted of fine grading operations and aggregate base and asphalt concrete placement operations. The installation of the 8” polyvinyl chloride pipe (P.V.C.), laterals, service tie- ins, valves, trench backfill, and other miscellaneous appurtenances, were performed prior to our involvement with the project. Our services generally consisted of project coordination, data compilation, analysis, and management. Our field services generally consisted of, as -requested, testing of subgrade, aggregate base, and asphalt concrete materials, sampling of the materials, and submittal of the test data. Our laboratory testing generally consisted of Proctor density, and asphalt concrete maximum density testing on the materials sampled in the field.

Commitment to Quality and Timeliness
Ninyo & Moore is dedicated to delivering high -quality services while adhering to project schedules and budgets. Our extensive resources, technical expertise, and proactive management ensure that all project goals are achieved efficiently and effectively.

Brief Resumes of Key Personnel
Our Key Personnel Roles and Responsibilities were previously provided in the Staffing Resources section of our submittal. The following brief resumes are being provided as follows:
164

Name/Role Education Registrations/Certific
ations
Projects Years
Exp.

Garreth Saiki
Principal Engineer
MBA
M.S.,
Geotechnical
Engineering,
B.S., Civil
Engineering,
PE 49665 (CA)
GE 2509 (CA)
 Water System Improvements,
Lakeland Village Project, Lake Elsinore
 Pyrite Creek Trunk Sewer and
Regional Wastewater Force Main
 IEUA/San Antonio Channel Pipeline
 Norwalk/Transmission Main Project
38 Enrique Romero
Project Manager
B.S., Civil
Engineering/Cons
truction
Management
OSHA 40 Hour
Hazwoper
Certification
 City of Laguna Beach/Sleepy Hollow
Lane Sewer Main Replacement
 OCWD PFAS Treatment System Wells
20, 21 and 22
 City of Orange Well No. 28 Equipping
and Piping
5 James Dalgity
Laboratory Manager
ACI Grade 1
CPB Radiation Safety
Caltrans
 Water System Improvements,
Lakeland Village Project, Lake Elsinore
 IRWD Wells 21 and 22/Pipelines
 Sewer Relocation, Canyon Lakes
 Regional Wastewater/Force Mains,
Jurupa Valley
19 Jared Recla
Field Operations
Manager
ACI Field Testing
Grade 1
Caltrans
FRP Qualified Insp.

Radiation User Safety
 IEUA/ Upland Interceptor Relief Sewer
 OCWD PFAS Treatment System Wells
20, 21 and 22
 City of Orange Well No. 28 Equipping
and Piping
 OCWD PFAS Treatment System Wells
20, 21 and 22
29 Matthew Puraty
Field Operations
Manager
ACI Grade 1
Caltrans
FRP Qualified Insp.

Radiation User Safety
 Chino/Pipeline Avenue Sewer Bypass
 JCSD/FY 21-22 Sewer Replacement,
Hunter Street
 Crown Valley Pipelines Replacement
 JCSD Pyrite Creek Trunk Sewer
19 Joe Levario
Senior Field
Technician
ACI Field Testing
Grade 1
Caltrans
Radiation User Safety
 IEUA/San Antonio Channel Pipeline
 Corona/Waterline Replacement
 Pyrite Creek Trunk Sewer and
Regional Wastewater Force Main
25 Michael Torres
Field Technician
ACI Field Testing
Grade 1
Radiation User Safety
 Corona/WRCRWA Reclaimed
Waterline Project
 Potrero Canyon Domestic Water
Reservoir #3/CS Services, Banning, CA
 San Bernardino Municipal Water
District, Water Facilities Phase 1
 SCWD/Crown Valley Pipelines
Replacement Project
14 165
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BB&K 2020

EXHIBIT “B”

SCHEDULE OF SERVICES

The services shall be completed within the durations specified below, which beginning ten (10) calendar days after Notice to Proceed is issued:

Amendment
Number
Project Title Not to Exceed Fee

0.0 On-Call Geotechnical and Material Testing Services

$150,000

1.0 UT1066 Downtown Water Main Improvements $141,136
Grand Total $291,136

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SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 20__, in the County of San Bernardino, State of California, by and between the City of Ontario, hereinafter called City, and Norstar Plumbing & Engineering, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

UT1066 DOWNTOWN WATER MAIN IMPROVEMENTS

The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work.

The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 183 calendar days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Million Seven Hundred Thirty-Four Thousand Four Hundred Thirteen Dollars ($7,734,413), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000 for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
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(BB&K 10/2020 -2-

the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.

Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay.

Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:
 Notice Inviting Bids
 Instructions to Bidders
 Bid Form
 Contractor’s Certificate Regarding Workers’ Compensation form  Bid Bond
 List of Subcontractors form
 Contractor Information and Experience Form
 Non-Collusion Declaration form
 Public Works Contractor Registration Certification form  Iran Contracting Act Certification form
 Fleet Compliance Certification form
 Contract
 Performance Bond
 Payment Bond
 Environmental documents and approvals (If Applicable)  General Conditions
 Special Conditions
 Standard Specifications for Public Works Construction (Greenbook), Latest Edition, except Sections 1-9
 Technical Specifications
 Addenda (If Applicable)
 Plans and Drawings
 Approved and fully executed change orders
 Federal Requirements (If Applicable)
 Any other documents contained in or incorporated into the Contract

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The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the office of the City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

ARTICLE 9. CONTRACTOR REGISTRATION AND LABOR COMPLIANCE. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. This Project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law.

ARTICLE 10. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution.

Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Norstar Plumbing & Engineering, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT
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BB&K (2024) -1- PROFESSIONAL SERVICES AGREEMENT

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764 -4196, County of San Bernardino, State of California ("City") and Ardurra Group, Inc, a CORPORATION, with its principal place of business at 3737 Birch St, Suite 250 , Newport Beach CA 926 60 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Construction Engineering Services services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the OMUC Contract No. UT1066 Downtown Water Main Improvements project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Construction Engineering PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
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consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 19th, 2025 to August 19th, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed
One Hundred Seventy -Nine Thousand Four Hundred Seventy -Nine Dollars ($179,479) without written approval of the City Council or City Manager , as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant.

The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses . Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued 172
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BB&K (2024) -3- PROFESSIONAL SERVICES AGREEMENT

and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control.

Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Con sultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Dolores Salgado, PE.
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3.3.5 City's Representative . The City hereby designates Dennis Mejia, PE, Utilities Engineering Manager , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative . Consultant hereby designates Dolores Salgado, Practice Director, (License No. C 067536), or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services . Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employ ee of the Consultant or its sub consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to 174
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BB&K (2024) -5- PROFESSIONAL SERVICES AGREEMENT

any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant . Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities 175
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related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or reg ulations by Consultant, its sub consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance . Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insuran ce required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance 176
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requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $ 2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $ 2,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $ 2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability : (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non - payment of premium.
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(B) Automobile Liability : (1) Additional Insured: T he City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1)
Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation . All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self -Insured Retentions . Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval . The certificates and endorsements for each insurance 178
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policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel) .

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations 179
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to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
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3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss 181
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or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7 .2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required . Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: Ardurra Group, Inc.
3737 Birch St, Suite 250
Newport Beach, CA 92660
ATTN: Dolores Salgado
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Dennis Mejia, P.E., Utilities Engineering
Manager, OMUC
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
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3.7.4.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 184
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3.7.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recov er from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer . Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are 185
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for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
ARDURRRA GROUP, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO ARDURRA GROUP, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
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BB&K (2024) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "A"

SCOPE OF SERVICES
188
Mr. Yang
OMUC
May 8, 2025

Exhibit “A” - Scope of Work
Ontario Municipal Utilities Company
UT1066 Downtown Water Main Improvement Project
Engineering Services During Construction (ESDC)
Provide project management, administration, invoicing, billing, monthly progress reports . This task shall also include communication, coordination and cooperation with the City’s staff and the City’s Construction Manager.

Attend construction progress site meetings and provide support services including technical review of submittals, RFIs, change orders, claim mitigation efforts, generation of support calculations, review of applicable standards, and presentation of acceptable alternatives or solutions. Upon completion of construction activities, City’s team will forward on e set of red-lined drawings to the Consultant to review and sign/approve as Finalized digital As-Builts record drawings.

Task 2.1 – Pre-Construction
Attend preconstruction meeting and provide technical support to City addressing any questions arising from the preconstruction meeting.

Task 2.2 – Construction
Attend periodic site visits to monitor the progress, performance and assess any conflicts which may arise during the course of construction and will coordinate these visits with the City’s Construction Management team. It is estimated that up to ten (10) site visits may be required.

Task 2.3 – Change Order Management
Assist the City’s team with negotiating and coordinate the implementation of contract change orders during the construction process. City’s team will compile change order supporting documentation, such as inspection reports, test reports, drawings, sketche s, photographs, and other materials as required. Consultant will review and evaluate the appropriateness of all proposed change orders; advise City as to their effect on the contract time and cost; and perform independent estimates of the proposed change order work when necessary, as well as recommend approval or denial. Consultant should anticipate responding up to ten (10) change orders.
189
Mr. Yang
OMUC
May 8, 2025

Task 2.4 – Requests for Information (RFI)
Review and respond to contractor’s Request for Information (RFIs) the duration of the project (assumed 15 total). Responses will be provided within five (5) working days and in accordance with the Contract Documents.

Task 2.5 – Submittal Management
Review and respond to contractor’s submittals the duration of the project (assumed 50 total).

Ensure contractor submittals are in conformance with the Contract Documents. Document the status of submittals, received and corresponding responses, via a Submittal Log and provide the City with an updated log the entire project duration.

Task 2.6 – Design Revisions
Prepare construction field order changes and design changes, as required during construction. Five (5) changes are assumed.

Task 3.1 – As-Built Record Drawings
Prepare record drawings per City’s standard process. Final drawings provided via PDF along with accompanying CAD files.

Assumptions

1. This scope assumes Ardurra will respond directly to the City or the City’s Construction Manager and not to the Contractor’s questions via email or phone.

2. The number of estimated submittals, RFIs, Change Order Requests, and meetings is based on the City’s provided scope of work.

3. Ardurra will submit a proposal (scope and fee) for any City-initiated revisions beyond this scope.

4. Fee is based on time and materials, not to exceed amount. 190
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BB&K (2024) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "B"

SCHEDULE OF SERVICES
The services shall be completed within the durations specified below, which beginning ten (10) calendar days after Notice to Proceed is issued:

Task Number Project Title Not to Exceed Fee

0.0 OMUC Contract No. UT1066 Downtown Water Main
Improvement
$179,479
Grand Total $179,479
191
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BB&K (2024) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "C"

COMPENSATION
192

FEE SCHEDULE
Ontario Municipal Utilities Company (OMUC)
Engineering Services During Construction for
UT1066 ESDC
2025 Rates 283$ 206 $ 170$ 180$ 118$ 273$ 142$
TASK 1 - General Requirements
Project Management, Invoicing/Billing, Progress Reports 12 24 24 11,172$ 11,172$
TASK 2 - Construction Engineering Services
Pre-Construction Meeting 4 1 1 500$ 2,008$
Construction Meetings (10 total) 10 10 2,000$ 6,890$ Field Site Visits (10 total) 40 2,000$ 13,320$ Change Order Management (10 total) 12 12 24 10 13,840$
Requests for Information (15 total) 15 30 30 2 15 18,201$ Submittal Reviews (50 total) 24 60 60 2 50 36,998$
Design Revisions (5 total) 20 40 40 40 2 10 29,866$
121,123$
TASK 3 - Post Construction
Record Drawings 12 40 40 60 29,236$
Additional Services As Needed 17,948$
47,184$
149 217 171 100 24 30 85
42,167$ 44,702 $ 29,070$ 18,000$ 2,832$ 8,190$ 12,070$ 4,500 $ 179,479$ TOTAL CONTRACT AMOUNT, T&M NTE 179,479$
Labor Hours
Task Item
TOTALDirect Costs
Total Project Cost:

Post Construction
Admin
Sr.

Construction
Manager
Project
Engineer II
Project
Engineer III
Document
Control
Project
Manager VI
CAD Designer
IV
Construction Engineering Services
General Requirements
Total Hours:
193
Department: Utilities
Prepared By: Courtney Jones
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STETSON ENGINEERING INC. FOR THE EVALUATION OF AN ADVANCED WATER

PURIFICATION FACILITY ALTERNATIVE SUPPLY PROGRAM PROJECT

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Stetson Engineering Inc., of Covina, California, for the Evaluation of an Advanced Water Purification Facility Alternative Supply Program Project in the amount of $45,000

for a new total not-to-exceed contract amount of
$381,148 and a term from July 19, 2022 to January 1, 2026.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

Proposed Amendment No. 3 to Stetson Engineer Inc. for the Evaluation of an Advanced Water Purification Facility Alternative Supply Program Project is for $45,000, for a revised total not-to-exceed amount of $381,148. The FY 2025-26 Capital Improvement Program Budget includes appropriations from the Water and Sewer Capital Funds for this project. There is not a direct fiscal impact to the General Fund.

BACKGROUND & ANALYSIS:

This work builds upon the results of the Evaluation of an Advanced Water Purification Facility Alternative Supply Program (Project) awarded to Stetson Engineering Inc. by City Council on July 19, 2022.

The City desires to develop local water supply in the Chino Groundwater Basin using advanced treatment technologies. This local supply Project addresses the City’s desires through the development of a Title XVI Feasibility Study (FS) for potential grant funding consideration by the United States Bureau of Reclamation (USBR). The City requests additional assistance from Stetson Engineering Inc. for document review on related alternative Advanced Water Purification Facilities to enhance the City’s understanding of advanced treatment, associated 194
costs, and strategy for future implementation of the Project. With uncertainty in imported water supplies from the State Water Project during drought years, the development of new local water supplies provides reliability to support growth. “New” supplies in this region can be reliably developed by utilizing wastewater flows that would otherwise be “wasted”.

Amendment No. 1 was issued in March 2024 for the continued preparation of an FS expanding on the initial evaluation work. Amendment No. 2 was issued in January 2025 and extended the schedule of work into 2026.

Stetson Engineering Inc. is recommended as a sole source to provide these continued services based on their proposal and unique detailed knowledge after successful completion of the previous contract for the Wastewater and Recycled Water Regulatory Review Project. 195
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AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
STETSON ENGINEERS INC.

1. Parties and Date.

This Amendment No. 3 to the Agreement (as defined herein) is made and entered into as of ____________, by and between the City of Ontario (“City”) and Stetson Engineers Inc., a California Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Evaluation of an Advanced Water Purification Facility Alternative Supply Program” dated July 19, 2022 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement, revise the scope of services, and increase the compensation by Forty-Five Thousand ($45,000) for a total-not-to-exceed Three Hundred and Eighty-One Thousand One Hundred and Forty-Eight ($381,148) for the Evaluation of an Advanced Water Purification Facility Alternative Supply Program contract. The parties have heretofore entered into that Amendment No. 1 dated March 5, 2024, and Amendment No. 2 dated January 21, 2025

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section “3.1.1, General Scope of Services and Section 3.2.1 Compensation” of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1 of the Agreement is hereby amended in its entirety to read as follows:

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“Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional water resources consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.”
Exhibit “A” will include additional scope as stated in Exhibit A attached hereto and incorporated herein by reference.

Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:

“Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred and Eighty-One Thousand One Hundred and Forty-Eight Dollars and Zero Cents ($381,148) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
Exhibit “C” will include additional costs as stated in Exhibit C attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND STETSON ENGINEERS INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO STETSON ENGINEERS INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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EXHIBIT “A”

SCOPE OF SERVICES

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EXHIBIT “C”

COMPENSATION

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Department: Economic Development
Prepared By: Peter Pallesen
Department:

Prepared By: Peter Pallesen
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Reviewed By: Charity Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR ON-GOING HISTORIC PRESERVATION CONSULTATION

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 8 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California, for the on-going historic preservation consultation in Downtown Ontario in the amount of $210,000 for a total not-to-exceed contract amount of $1,136,600; and extend the Agreement expiration date to June 30, 2026.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:

The FY 2025-26 Adopted Budget includes appropriations in the General Fund for Real Estate Project Management. The proposed Amendment would increase the contract amount by $210,000 for a total not-to-exceed contract amount of $1,136,600.

BACKGROUND & ANALYSIS:

The City of Ontario is investing significant resources in revitalizing the historic downtown into a vibrant, 18-hour destination. It is doing this in several ways, including:
acquiring underutilized or dilapidated buildings, with an emphasis on historic properties; partnering with experienced developers capable of infusing new housing, offices, and/or retail into downtown, and; investing in strategic infrastructure projects, such as improving sewer drains, lighting, wayfinding, and parking. The City of Ontario is working closely with A Block, LLC and HDC Construction, Inc. ("Developers"), whereas the Developers have acquired real property from the City for the purposes of adaptive reuse projects ("Projects").

The Projects consist of restoring the historic properties along the 100 Block of North Euclid as well as 207 N Euclid Avenue in Downtown and creating over 50,000 square feet of retail/restaurant space and amenities as well as 145 residential units. Due to the historic nature of these Projects and the complexity of the construction, the City has engaged with Thirtieth Street Architects to 202
provide ongoing historic preservation consulting services. Thirtieth Street Architects' has extensive historic preservation experience, and will provide various services such as weekly pre-plan check architectural and engineering assistance to the Developers to help expedite the rehabilitation and adaptive reuse of these historic buildings. They have extensive knowledge of the California Building Code, California Historic Building Code, Secretary of Interior Standards, CEQA, and restaurant design to guide the Developers and City staff throughout the design process. Staff recommends approving Amendment No. 8 to the Design Services Agreement with Thirtieth Street Architects, Inc. in the amount of $210,000 for a new total not-to-exceed contract amount of $1,136,600. 203

architecture
2821 newport blvd.
historical rehabilitation
newport beach, california 92663
email: [email protected]

planning
phone (949) 673-643

founding principals
john c. loomis, architect
james c. wilson, architect

principal
elwood l. gulley, architect

AGREEMENT

Agreement made June 12, 2025 , between the City of Ontario, 303 “B” Street Ontario, CA , 91764 , hereinafter referred to as the Client; and Thirtieth Street Architects, Inc., 2821 Newport Boulevard, Newport Beach, CA, 92663, John C. Loomis and James C. Wilson, the Architects. It is the intention of the City to retain our Architectural and Engineering team to provide miscellaneous pre-plan check Architectural and Engineering assistance to the developer s to help expedite the rehabilitation and adaptive reuse of historic buildings in Downtown Ontario, CA.

The following is a current listing of the Project Addresses included in the Scope of Work:

207 N. Euclid Avenue
A-1 Block, Euclid Avenue

Additional properties may be added to the scope of work by mutual consent and appropriate modification to professional fees, as listed on page 3 of this Agreement.

PROJECT TEAM

Please note that we have included the same consultant team that prepared the HSRs for these properties several years ago.

Preservation Architect Thirtieth Street Architects, Inc.

John C. Loomis, Principal in Charge
2821 Newport Boulevard
Newport Beach, CA 92663
(949) 673-2643, Ext. 29
[email protected]

Historian Daly &Associates
Pamela Daly, M.S.H.P.
951 Beacon Drive
Eugene, OR 97404
(951) 369-1366
[email protected]

Structural Engineer Grimm/Chen
Alex Chon, P.E. / Project Director
17500 Redhill Avenue, Suite #240
Irvine, CA 92614
(949) 250-3150, Ext. 1004
[email protected]
thirtieth

street
architects
inc.
204

MEP Engineer NV5
Andrew Chang, P.E.
133 Technology Drive, Suite #200
Irvine, CA 92618
(949) 419-3030
[email protected]

Restaurant Design Expert Geoff Beckham, Sr.

Mrytle St.

Laguna Beach, Ca 92651
(714) 357-1071

BASIC SERVICES

The Architect's Basic Services consist of the following phases of work described below.

Phase I, Miscellaneous Pre-Plan Check Services:

The Team shall provide an expedited review of Progress Drawings to identify the following:

 California Building Code (CBC) and California Historical Building Code ( CHBC) Compliance
 Exiting, life safety issues, types of construction, and area separation walls  Fire sprinkler requirements
 Conformance to City Seismic Ordinance, including required structural testing and methods of seismically retrofitting the building
 Review selection of possible Mechanical, Electrical, and Plumbing building systems  Compliance with the Secretary of the Interiors Standards and CEQA  Retention and proposed treatment of original or historically significant elements  Accessibility/ADA Compliance
 Required number of toilet room fixtures
 Mitigation of building hazards
 Assist with the identification of construction costs
 Have a Restaurant Design Expert review the proposed concepts by the developer.  Provide additional services as requested by the City
 Meet in person or remotely with City and Developer to discuss findings on a weekly basis or as needed
 Coordinate with City Staff

Phase I Products:

Summary of Code Check Review
Other miscellaneous documents as needed

SERVICES NOT INCLUDED

The following services are not included in Basic Services. 205

Providing actual design services for normal Architectural , Architectural Historian , and Structural and Mechanical, Electrical, and Plumbing Engineering. The services provided under this Agreement are advisory only.

Providing Hazardous Material Study, Mold and Mildew Inspection, and Termite Inspection. These studies shall be provided by the Developer.

Providing Civil, Geotechnical Engineering, and In-Place Shear Tests is also not a part of this Agreement.

These services shall be provided by the Developer.

Providing legal services for the preparation of party wall agreements, easements, or right of ways.

Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding.

PROFESSIONAL FEES

The Professional Fees for Phase I shall be billed on an hourly basis, plus reimbursable expenses. Since the scope of work will likely increase during the project, t he fees listed below are not a fixed maximum fee .

They are an initial fee increment that can be replenished by mutual consent and contract amendments, depending on City needs, including changes in the scope of work and the duration of each project.

Phase I, Miscellaneous Pre-Plan Check Services

Project Addresses Initial Fee Increment No. 1

207 N. Euclid Base Services $70,000

A-1 Block $120,000

Reimbursable Allowance $20,000

Total Authorized Max Cost for Fee Increment No. 1 $210,000*

HOURLY FEE SCHEDULE:

ARCHITECT
Principal $225/hr.

Licensed Architect $190/hr.

Draftsperson $165/hr.

CONSULTANTS
Architectural Historian $150/hr.

Structural Engineer $240/hr.

MEP Engineer $220/hr.

Restaurant Design Expert $255/hr.

Once the signed contract is received, we will begin work immediately. Billings shall be made to the Owner monthly in proportion to the work completed, plus reimbursable expenses. 206

Reimbursable expenses, include printing and any unusual expenses incurred and shall be in addition to any fees above. Reimbursable expenses shall be billed at a multiple of 1.1 times cost to cover processing and bookkeeping per the following reimbursable schedule:

Item Cost
Printing Invoice
Copying .25/page
In-house Prints $1/sheet
In-house Color Copies $1/sheet
Other Expenses Cost

The hourly rates listed are subject to a cost of living increase two years from the date of this Agreement.

TIME OF PERFORMANCE

We estimate the following time frames to complete each phase of work:

Phase Time to Complete
Base Services
Phase I, Miscellaneous Pre-Plan Check Services As Needed

Subsequent Services As Needed

All work shall be expedited by TSA and the Consultant Team.

If the Project is suspended by the Owner or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with reimbursable expenses.

DEFAULT

In the event Owner fails to pay the Architect within thirty (30) days after i nvoices are rendered, Owner agrees that the Architect shall have the right to consider said default a total breach of this Agreement and, upon written notice, the duties, obligations, and responsibilities of the Architect under this Agreement are terminated. In such event, Owner shall then promptly pay the Architect all of the fees and charges for services rendered by the Architect.

DELAYS

Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the other's control.

TERMINATION

This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fau lt of the other. In the event of 207

termination due to the fault of other than the Architect, the Architect shall be paid his compensation for services performed to the termination date, including reimbursable expenses then due and all terminal expenses.

OWNERSHIP OF DRAWINGS

(Not Applicable)

TERMITE DAMAGE, MOLD/MILDEW AND HAZARDOUS MATERIALS ABATEMENT

The Developer hereby assumes all responsibility for the discovery, identification , and abatement of all termite damage, mold, mildew, or hazardous materials in the existing structure. The Owner shall hold the Architect harmless from any and all liabilities resulting from the same.

SEISMIC

Structural Engineering services are advisory only and intended to identify Seismic Retrofit options and make general recommendations for repairs. The preparation of construction documents and structural calculations is not included.

SUCCESSORS AND ASSIGNS

The Owner and Architect each bind himself, his partners, successors, assigns and legal repre sentatives to the other party to this Agreement. Neither the Owner or the Architect shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other.

LIMITATION OF LIABILITY

The Owner agrees to limit the Architect’s liability to the Owner and to all Contractors and Subcontractors on the Project, due to professional negligent acts, errors, or omissions of the Architect, to the sum of $50,000. or the Architect’s fee, whichever is smaller.

CLAIMS BY PARTIES

All claims, disputes, and other matters in question arising out of or relating to, this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law.

Notice of the demand for arbitration shall be filed in writing with the other party to the contract and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.
208

Should arbitration occur between the two parties relating to the provisions of this Agreement, or any act arising out of the perfo rmance of this Agreement, all expenses, collection expenses, witness fees, court costs and attorney's fees shall be paid by the non-prevailing party to the prevailing party.

The Owner agrees that the Architect cannot be joined with any other person that is not a party to this Agreement either by joiner or consolidation except by the Architect's written consent.

APPLICABLE LAW

Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect.

WARRANTY OF AUTHORITY TO SIGN

The person signing this Agreement warrants he has authority to sign as, and on behalf of, the Owner for whom or for whose benefit Thirtieth Street Architect's services are rendered. If such person does not have such authority, he agrees that he is personally liable for all breaches of this Agreement, and that in any action against him for breach of such warranty a reasonable attorney's fee shall be included in any judgment rendered.

The u ndersigned hereby acknowledges that he or she has reviewed and accepts all provisions of this Agreement including the payment schedule.

The confirmation is valid for a period of thirty (30) days from the date shown above. If not accepted within thirty (30) days, it is void.

This Agreement executed on the day and year first written above.

OWNER THIRTIETH STREET ARCHITECTS, INC.

Authorized Agent John C. Loomis Lic. #C8684
President

James C. Wilson Lic. #C8994
Secretary/C.F.O.

209

PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 8 TO THE

DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
THIRTIETH STREET ARCHITECTS, INC.

1. Parties and Date.

This Amendment No. 8 to the Agreement (as defined herein) is made and entered as of ____________, by and bet ween the City of Ontario (“City”) and Thirtieth Streets Architects, Inc. a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Design Services Agreement” dated February 15, 2021 (“Agreement”). (“Agreement”).

2.2 Amendment Purpose . T he City and Consultant desire to amend the Agreement to revise the scope of services for the ongoing historic preservation consultation specifically for the adaptive reuse projects at 114-118, 122, 124-126, and 128-132 North Euclid Avenue and 207 North Euclid Avenue set forth in Amendment No. 8 – Attachment “A” and increase the not -to-exceed compensation amount by Two Hundred Ten Thousand Dollars ($ 210,000) and extend the Agreement term through June 30, 2026. The Parties have heretofore entered into Amendment No. 1 dated September 26 , 2022 , Amendment No. 2 dated August 24, 2023 , Amendment No. 3 dated November 1, 2023, Amendment No. 4 dated March 19, 2024, Amendment No. 5 dated June 4, 2024, Amendment No. 6 dated August 20, 2024, and Amendment No. 7 dated October 1, 2024.

2.3 Amendment Authority . This Amendment No. 8 is authorized pursuant to Section

3.8.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:

“3.10.1 Consultant's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Ser vices rendered under this Agreement, with the total not to exceed amount of One Mi llion One Hundred Thirty-Six Thousand Six Hundred Dollars ($1,136,600) 210

("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted accordi ng to, the fee schedule and related terms and conditions attached hereto as Exhibit " A" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement."

“3.1.2 Term. The term of this Agreement shall be from March 1, 2021 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional one -year terms.

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”

Exhibit A is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 8, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No . 8. From and after the date of this Amendment No. 8, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 8.

3.3 Adequate Consideration. The Parties hereto irrevoc ably stipulate and agree that they have each received adequate and independent con sideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 8.

3.4 Severability. If any portion of this Amendment No. 8 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 8 TO THE DESIGN SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND THIRTIETH STREET ARCHITECTS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 8 as of the day and year first above written.

CITY OF ONTARIO THIRTIETH STREET ARCHITECTS, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

212
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT:

AUTHORIZE THE RENEWAL OF THE CITY'S ESIGNATURE AND ONLINE FORMS PLATFORM, GOVOS, INC.

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute the renewal with GovOS, Inc., of Austin, TX, for licensing and maintenance, for a total contract not- to-exceed amount of $244,969 for an additional one-year term.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Information Technology Fund for annual subscription licensing and maintenance. The proposed Amendment No.3 increases the authorized contract amount by $99,688, increasing the not-to- exceed contract total from $145,281 to $244,969, which includes $90,624 for Fiscal Year 2025-26, and a 10% contingency amount of $9,064 for additional licenses. The fixed billing rates will determine the amount charged for services and reflect the actual services provided. If approved, appropriations will be added to the future years’ budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

The City first entered into an Agreement with SeamlessDocs in 2019 to support its efforts in digitizing workflows and improving service delivery. In 2022, SeamlessDocs was acquired by GovOS, which continues to provide the platform and support services. The SeamlessDocs platform allows departments across the City to create and manage online forms for both internal and external use. A key feature of the platform is its ability to capture electronic signatures, which streamlines approval processes and reduces paper-based inefficiencies. One example is the current online public comment form. Over the past few years, demand for digital forms and eSignature capabilities has increased. As a result, the City acquired additional licenses in 2022, 2023 and 2024 to accommodate growth. As the City continues to prioritize digital transformation and improve online services, the SeamlessDocs platform will play an increasingly critical role. It supports efficiency, accessibility, and transparency by allowing processes to be completed securely online. To continue this momentum and ensure the platform can meet the City's evolving needs, Staff is requesting City Council approval for a total contract not-to-exceed amount of $244,969 for an additional one-year term.
213
Application Studio
License Amendment III
Ontario, CA
Prepared for:

Choon Vu Lam
Ontario, CA
303 E B St,
Ontario, California, 91764-4105
8310 N. Capital of Texas Hwy.

Bldg. 2, Ste. 250, Austin, TX 78731
www.GovOS.com
Proposed on: 2025-06-27
214
Confidential and Proprietary
Pricing Summary
Name QTY Price
Transform 1 $37,234.83
Additional Studio User - Basic 60 $13,500.00
Additional Studio User - Basic 38 $8,550.00
Optimization Fee 1 $8,238.48
Limited User License 50 $7,500.00
Additional Standard User Licenses 24 $6,600.00
Additional Studio User - Admin 10 $4,500.00
Studio Addon - SSO 1 $2,500.00
Additional Standard User Licenses 4 $2,000.00
Number of Forms 999 $0.00
Platform Standard User Licenses 10 $0.00
Annual Contract Value: $90,623.31
Additional Comments:

Insurance Requirements: The parties hereto acknowledge that the insurance requirements stated in the Existing Contract (defined below) shall continue throughout the Extension Period.

Billing Frequency: Annual

215
Proposal Terms
General Information
Expiration of Proposal: Without acceptance of this proposal (this “Proposal”), pricing provided herein is good until 2025-09-20.

After said date, if not accepted, this Proposal shall be void.

Defined Terms: • “Agreement” means the Existing Contract, amendments thereto, and the TOU (if applicable related to New Services).
• “Customer” means the “Customer” identified below.
• "Effective Date" means the date this Proposal is signed by Customer. • “Existing Contract” means the “Master Contract” described below, including amendments thereto.
• “Existing Services” means Services provided pursuant to the Existing Contract, which Services are described on the Pricing Summary page. • “New Services” means the Additional Solutions described below (if any), which Services are provided to Customer subject to the TOU. • “Predecessor” means GovOS’s predecessor-in-interest that is a party to the Existing Contract.
• “Services” means the Existing Services and New Services (if applicable). • “Term” shall mean the term that the Existing Services and/or New Services (as applicable) shall be provided to Customer hereunder. • “TOU” means GovOS’s standard terms of use, which can be found at www.govos.com/terms-of-use.

Customer Information
Organization Name Ontario, CA
Primary Address 303 E B St
Ontario, California, 91764-4105
Primary Contact Name Choon Vu Lam
Primary Contact Email [email protected]

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Existing Contract Information
Title of Master Contract: The title of the Existing Contract or Proposal # is: 0061P00000cO3APQA0. *If the Existing Contract references GovOS's standard terms of use, then for purposes of this Agreement such terms of use are replaced by the TOU.

Additionally, if the Existing Contract does not provide terms associated with the use of the Services, then the TOU shall apply.

Expiration Date of Master
Contract:
2025-08-30 (the "Expiration Date")
Original Parties (if applicable): NA
* If GovOS is not an original party to the Existing Contract the Customer hereby consents to the assignment of the Existing Agreement from its Predecessor to GovOS and GovOS hereby assumes all rights and obligations of the Predecessor under the Existing Contract.

Cooperative Purchasing
Contract Description:

NA. If provided, this Proposal incorporates the terms of such cooperative purchasing contract.

Amendment(s) to Existing Contract
[No] Automatic Renewal: Following the initial term, the Agreement will automatically renew for additional one-year periods unless earlier terminated pursuant to the Agreement’s express provisions or either Party gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term. GovOS shall send a renewal notice to Customer between twenty-five (25) and forty (40) days prior to the expiration of the Term.

Contract Extension Period:Number of Month(s): 12

Beginning the day following the “Expiration Date” indicated above (the “Extension Period”). For the sake of providing clarity, the Extension Period will end on 2026-08-30.

Hardware: If, prior to the Effective Date (indicated above), GovOS or its Predecessor provided hardware and/or maintenance services associated with the same to Customer, then following the Effective Date Customer will be solely responsible to maintain an adequate technical environment to utilize the Services including providing and maintaining any necessary hardware and equipment to meet the Services’ requirements. Upon request, GovOS will identify hardware requirements and recommend hardware and equipment that meets Services requirements.

Additionally, GovOS hereby conveys to Customer title and ownership “as is” and “where is” to any and all hardware and equipment previously provided to Customer under the Existing Agreement. GovOs makes no representations and disclaims any and all warranties with respect to such hardware or equipment.

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Financial Terms
Fees: Fees for the Services during the Term shall be at the rates indicated on the Pricing Summary page (the “Fees”) and are non-refundable once paid.

Payment Terms: • Fees for the Services provided during initial Term (not including the Fees described below) are due upon acceptance of this Proposal. Unless otherwise indicated on the Pricing Summary page, annual Fees shall be invoiced and pre-paid prior to each anniversary of the Expiration Date. • Per transaction/document/image Fees are invoiced on a monthly basis. • Implementation Fees will be billed upon completion and delivery of the associated Services.

All invoices are due net thirty (30) days of the invoice date, subject to prompt payment laws applicable to transactions with Customer. If there is a conflict between these payment terms and applicable law, then these payment terms will conform with such laws.

Annual Fee Increase: Unless otherwise indicated in the table of Fees above (e.g. Fees being provided by year of the Term), on each anniversary date of the Agreement, the Fees will be increased by up to 10% based on the prior year’s Fees.

Late Payments: Any undisputed amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid.

Collection Costs; Suspension of
Services:

Customer shall reimburse GovOS for all reasonable costs incurred by GovOS in collecting any late payments or interest, including attorney fees, court costs, and collection agency fees; and if such failure continues for thirty (30) days or more, GovOS may suspend Customer’s and its Authorized Users’ access to any portion or all of the Services until such amounts are paid in full.

Reinstatement Fee: If the Agreement lapses and Customer and GovOS agree to reinstate the Agreement, such reinstatement will be subject to a “Reinstatement Fee.” The Reinstatement Fee shall be calculated as follows: (1) on the day after the Term ends, a Reinstatement Fee of 5% of the annualized value of the Fees will be applied. An additional 5% of the annual value of the Fees will be applied every month thereafter until the Term is extended and/or the Agreement is formally renewed, until the cumulative Reinstatement Fee reaches 50% of annualized Fees, at which point it will be capped.

Miscellaneous Terms

219
Piggyback: During the term of this Proposal, including any renewal terms: (1) other public corporations, entities, or agencies directly affiliated with Customer (each, a “Piggyback Entity”) may request to piggyback on this Proposal to acquire solutions or services offered hereunder on the same terms and conditions set forth in this Proposal; and/or (2) Customer may acquire additional solutions or services offered by GovOS on the same terms and conditions set forth in this Proposal, other than pricing terms, which shall be negotiated in good faith by the parties hereto. If GovOS receives a request to piggyback on this Proposal, GovOS must provide written notice of the request to Customer within five (5) business days of receipt. If GovOS accepts, and Customer approves the request to piggyback, the administration of the services provided to any Piggyback Entity must be governed under a separate agreement between GovOS and such Piggyback Entity. Customer shall have no obligation or liability to GovOS, any Piggyback Entity, or any third party in connection with the administration of services provided to any Piggyback Entity.

Modification of Incorporated
Documents:

GovOS reserves the right from time to time to modify the TOU and SLA; however, this Proposal will remain governed by the TOU and SLA in effect as of the Effective Date.

Conflicting Terms: In the event a provision contained in the TOU and/or SLA conflicts with the terms of the Existing Contract then the Existing Contract shall control. If there is a conflict between this Proposal and the Existing Contract, then this Proposal shall control.

Purchasing Agent Information: If a Purchasing Agent is being utilized, insert the Purchasing Agent's name here or insert "n/a" if this Section is not applicable: NA. By signing below, Customer (or Purchasing Agent as Customer’s agent, if applicable) and GovOS accept this Proposal and agree that it shall be subject to the TOU and SLA. Additionally, if Customer is utilizing a Purchasing Agent, then Purchasing Agent agrees to the following: (1) Purchasing Agent shall include "Coverage Terms" or "Subscription Dates" in each line item's material description in its purchase orders; and (2) Purchasing Agent agrees to timely pay all fees specified herein on behalf of Customer.

Billing Details
Billing Contact Name
Billing Contact Email
Billing Contact Phone
Invoice Delivery Method Email/Electronic
Preferred Payment Method Check

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Proposal Acceptance
Proposal #: 006VV00000BNxYvYAL
By signing below, Customer and GovOS accept this Proposal and agree that it shall be subject to the TOU and SLA.

Customer Signature
Signature of Authorized
Representative
Title Date
GovOS Signature
Signature of Authorized GovOS
Representative
Title Date

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Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT:

A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA25-001) REVISING AND

CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt an Ordinance approving File No.

PDCA25-001, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

On August 5, 2025, the City Council introduced and waived further reading of an Ordinance Approving the Development Code Amendment. The Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which states long-term principles, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens. Staff has initiated certain clarifications and revisions to the City of Ontario Development Code that are necessary to adjust and clarify various provisions of the Development Code. The proposed Development Code Amendment is included as Attachment A (Proposed Development Code Amendment), and is comprised of certain clarifications and revisions generally described as follows:

Development Code Chapter 2.0 establishes Administration and Procedures for implementing the Development Code. Proposed amendments include revising the Review Matrix table (Table 2.02-1) to add “Density Bonus” under the Ministerial (Administrative) Permits and Decisions section of the table and add a table note referencing a ministerial review for a density bonus request. Revising the 222
Public Hearing Notification requirements to include a 20 day notice when proposed amendments affect permitted uses of real property, revising noticing boundary requirements for discretionary (300 feet) and legislative applications (600 feet), and revising posting requirements for Large Public Notifications signs to delete the 300-foot separation establish that signs shall be posted at a project site’s street-facing corners and at a logical midpoint of each street frontage.

Development Code Chapter 5.0 establishes Zoning and Land Use standards for implementing the Development Code. The bulk of proposed code changes are in this chapter and include:

Correcting the identified FAR (Floor Area Ratio) for the CN (Neighborhood Commercial-0.4 Maximum FAR) Zoning District from 0.55 to 0.4 so the definition of the zoning district is consistent with its title.

Increasing the permitted density for the MHP (Mobile Home Park) Zoning District from 5.1 –

8.0 to 5.1 – 11.0 dwelling units per acre so that the zoning district is consistent with the permitted density of the MDR-11 (Low-Medium Density Residential–5.1 to 11.0 DU/Acre) Zoning District.

Revising the “Land Use Matrix” table (Table 5.02-1) to include: expanding Permitted (P) & Conditionally Permitted (C) land uses for Supportive Housing; Revising “Apiculture (beekeeping and production)” so that Permitted (P) land uses are listed consistent with the Specialized Use Zones that permit apiculture by right within the AG, ONT, and UC zoning districts; revising “Alcoholic Beverage Sales for Consumption Off-Premises (except beer, wine, and liquor stores)” to change approval from a Conditional Use Permit (CUP) to an Administrative Use Permit (AUP) within all 5 land use areas of the MU-1 Zoning District; revising Residential Care Facilities to expand Conditionally Permitted (C) land uses; revising Hookah Establishments and Facilities to delete the table note that “In the MU-1 zoning district, hookah facilities are administratively permitted only in conjunction with a bona fide full- service restaurant. Standalone establishments and facilities shall not be allowed;” revising Pet Boarding and Sitting (animal daycare) Services, and Shelters to add Animal Shelters as a Permitted (P) land use in the OS-R (Open Space-Recreation) Zoning District and add a note specifying that the “Use shall only permit publicly operated Animal Shelters. And amend the table to establish a split in Employee (Farmworker) Housing between 6 or fewer and 7-36 Beds and add Permitted (P) land uses; and amending Emergency and Other Relief Services to include Low Barrier Navigation Centers.”
Revising “Boarding, Lodging, and Rooming Houses” to delete restrictions for the number of federal, state, or youth authority parolees allowed in a facility, and delete the requirement to sign a Crime Free Lease Addendum.

Revising “Employee (Farmworker) Housing” to comply with the Health & Safety Code, delete the 10-acre minimum lot size, and delete the 200 FT setback requirement.

Revising “Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers” to: allow a standalone hookah establishment with an outside patio and delete reference allowing operation “in conjunction with a sit-down restaurant or in conjunction with an ABC licensed bona fide eating establishment;” to require hookah establishments to maintain a valid tobacco retail license pursuant to Business and Professions Code Section 22971.7; to 223
allow hookah establishments “with an outside patio area that is open to the sky,” and reduce separation from sensitive uses from 1,000 to 500 feet; and to reduce the minimum separation between hookah establishments from 1,000 to 500 FT. And amend Hookah Establishments to identify that a hookah establishment shall not be established in conjunction with a bar, nightclub, sit-down restaurant, or in conjunction with an ABC licensed bona fide eating establishment; to prohibit a hookah establishment from establishing an outside patio area when located in a mixed-use zone with a vertical separation between land uses; to allow a hookah establishment meeting CAL-OSHA standards for indoor air circulation are not subject to the 500-foot separation from sensitive land uses; and to establish a minimum 1,320 FT separation between hookah establishments and a smoking/vaping retailer.

Revising “Mobile Home Park” site development standards so that the maximum residential density of 5.1 to 11.0 dwelling units per acre for the MHP Zoning District is consistent with the MDR-11 (Low-Medium Density Residential-5.1 to 11.0 DU/Acre) Zoning District.

Revising “Single Room Occupancy (SRO) Facilities” to delete the setback requirement from various uses and to delete reference to CUP application submittal.

Amending “Temporary and Interim Land Uses, Building, and Structures” to add temporary truck parking facilities as an interim land use in the AG (Agricultural) Zoning District.

Revise “Temporary Shelters and Supportive Housing” to include: revising the general statement to include Low Barrier Navigation Centers, revising general requirements to delete reference to Supportive Housing facilities within the ALUCP safety zones, revising Emergency Shelters to add that privately operated shelters are limited to a 20 client/tenant bed limit, and add an Emergency Shelter parking space requirement. And amending Emergency Shelters to add that publicly operated shelters are limited to a 50 client/tenant bed limit and that any increase in client/tenant beds is subject to Planning Director approval.

Development Code Chapter 6.0 establishes Development and Subdivision Regulations. Proposed amendments include the addition of “Common Active Open Space – Ontario Ranch” standards to establish minimum open space requirements for multiple-family development projects and the multiple-family residential portion of mixed-use development projects within Ontario Ranch.

Additional amendments to this chapter include amending “Density Bonus and Other Incentives” standards to identify that a request for a density bonus, in and of itself (i.e., not including any discretionary applications, or incentives or concessions), shall not require a General Plan Amendment, Zone Change, Development Agreement, or other discretionary approval, and can be acted upon ministerially. The recommended revision to the Density Bonus and Other Incentives provisions of the Development Code is in response to an inquiry from the California Department of Housing and Community Development where current standards indicate that a request for a density bonus, under State Density Bonus Law, is initiated through an application for a Development Agreement.

Development Code Chapter 8.0 establishes Sign Regulations and identifies size and location criteria for the installation of signs within the City. Proposed revisions to the “Sign Regulations Matrix” table (Table 8.01-1) include revising the maximum sign height and sign area standards for on-site Directional Signs in the “All Zoning Districts” and “Commercial Zoning Districts” so that there is a 224
uniform sign standard of 4 feet in height and 4 square feet in area.

Development Code Chapter 9.0 establishes the Definition and Glossary for various terms used throughout the Development Code. Revised definitions include the existing definitions for Community Care Facility, Emergency Shelter, Religious Assembly (Place of Worship), and Residential Care Facility land uses. And amended definitions include adding the definitions for Bridge Housing, Low Barrier Navigation Center, and Respite/Recuperative Care land uses.

The proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended ordinance. Any provisions proposed for deletion are shown in red strikeout text (
abcdefg
) and all additions are shown in blue underlined text
(
abcdefg
).

In considering the Development Code Amendment at their meeting on May 27, 2025, the Planning Commission conducted a public hearing and voted 5-0 to recommend the City Council consider and approve File No. PDCA25-001, pursuant to the facts and reasons contained in the staff report and attached Ordinance.

ENVIRONMENTAL REVIEW:

The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
225
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA2 5-001, A DEVELOPMENT

CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINI STRATION AND
PROCEDURES), 5.0 (ZONING AND LAND USE ), 6.0 (DEVELOPMENT AND SUBDIVISION REGU LATIONS), 8.0 (SIGN REGULATIONS), AND

9.0 DEFINITIONS AND GLOSSARY OF THE CITY OF ONTA RIO

DEVELOPMENT CODE , AND MAKING FINDINGS IN SUPPORT
THEREOF.

WHEREAS, THE CITY OF ONTARIO (“Applicant”) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA2 5-001, as described title of this Ordinance (hereinafter referred to as “Application” or “Project”); and

WHEREAS, the City of Ontario Development Code (Ontario Munici pal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario ’s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and

WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is gen erally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and

WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:

(1) Revise Division 2.02 – Application Filing and Processing, Section

2.02.005: Applicability, Table 2.02-1: Review Matrix to include the following:

(a) Amend C. Ministerial (Administrative) Permits and Decisions to add

6. Density Bonus.

(b) Revise Table Note [10] to include “Density Bonus, without related discretionary applications.”

(c) Amend Table Notes to add Note [13] to include “a request for a Density Bonus, in and of itself, without other discretionary approval.”

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(2) Revise Division 2.03 – Public Hearings, Section 2.03.010: Public Hearing Notification, C . Public Notification Required 1 0 Days in Advance of any Public Hearing to include:

(a) Revise C. to include a 20-day notice where a proposed ordinance or zoning ordinance amendment affects permitted uses of real property.

(b) Revise C.1.b. to add noticing boundary requirements for discretionary applications and legislative applications.

(c) Amend C.1.b. to add (2) and (4) for discretionary and legislative application area of notification requirements.

(d) Revise C.4.c.(2) Supplemental Public Noticing Requirements – Posting to delete text for Large Public Notification Signs at a 300-foot separation requirement and establish that signs shall be posted at a project site’s street-facing corners and at a logical midpoint of each street frontage.

(3) Revise Division 5.01 – Zoning Districts and Boundaries, Section

5.01.005: Establishment of Base Zoning Districts, B. Commercial Zoning Districts, 2. CN (Neighborhood Commercial -0.4 Maximum FAR) Zoning District to correct maximum intensity of 0.4 FAR.

(4) Revise Division 5.01 – Zoning Districts and Boundaries, Sect ion

5.01.005: Establishment of Base Zoning Districts, E. Specialized Use Zoning Districts, 2. MHP (Mobile Home Park) Zoning District so the maximum density of 11.0 dwelling units per acre is consistent with the MDR- 11 (Low-Medium Density Residential-5.1 to 11.0 DU/Acre) Zoning District.

(5) Revise Division 5.02 – General Land Use Provisions, Table 5.02 -1: Land Use Matrix:

(a) Employee (Farmworker) Housing – Amend table to establish a split between 6 or fewer and 7-36 Beds and add Permitted (P) land uses.

(b) Supportive Housing – Revise table to expand Permitted (P) & Conditionally Permitted (C) land uses.

(c) Other Animal Production – Revise “Apiculture (beekeeping and production)” so that Permitted uses are listed consistent with Section

5.3.410: Urban Agriculture, C. Animal Keeping and Production,

2. Commercial Animal Production, (5) Specialized Use Zones for apiculture being permitted by right within the AG, ONT, and UC zoning districts.

227
(d) Alcoholic Beverage Sales for Consumption Off -Premises – Revise “Alcoholic Bevera ge Sales for Consumption Off -Premises (except beer, wine, and liquor stores) ” and prohibits Beer Wine and Liquor Stores in all areas of the MU -1 zoning district. Change from CUP requirement to AUP requirement within all 5 land use areas of the MU-1 zoning district.

(e) Nursing & Residential Care Facilities, Residential Intellectual and Development Disability Facilities, Residential Mental Health and Substance Abuse Facilities, Continuing Care Retirement
Communities, and Assisted Living Facilities – Revise to e xpand Conditionally Permitted (C) land uses.

(f) Community Food and Housing, Emergency and Other Relief Services – Amend to include Low Barrier Navigation Centers.

(g) Amusement, Gambling, and Recreation Industries; Other Amusement and Recreation Industries – Revise Hookah
Establishments and Facilities, * Additional Regulations to delete note that “In the MU-1 zoning district, hookah facilities are administratively permitted only in conjunction with a bona fide full-service restaurant.

Standalone establishments and facilities shall not be allowed.”

(h) Personal and Laundry Services, Other Personal Services , Pet Boarding and Sitting (animal daycare) Services, and Shelters – Revise to add Animal Shelters as a Permitted land use in the OS -R (Open Space-Recreation) zoning district and add a note specifying that the “Use shall only permit publicly operated Animal Shelters.”

(6) Revise Division 5.03 – Supplemental Lan ded Use Regulations, Section

5.03.080: Boarding, Lodging, and Rooming Houses to include:

(a) Revise section to delete restrictions for the number of federal, state, or youth authority parolees allowed in a facility.

(b) Revise section to delete requirement for boarders to sign a Crime Free Lease Addendum.

(7) Revise Division 5.03 – Supplemental Laned Use Regulations, Section

5.03.177: Employee (Farmworker) Housing to include:

(a) Revise introductory statement identifying compliance with CA Health & Safety Code.

(b) Revise A.3. and A.4. addressing Farmworker housing.

(c) Revise A.11. to delete a 10-acre minimum lot size.

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(d) Revise E.3. to delete a 200 FT setback requirement.

(8) Revise Division 5.03 – Supplemental Lan ded Use Regulations, Section

5.03.245: Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers, D. Operating Requirements.

(a) Revise D.1.a . to clarify references to allow a standalone hookah establishment with an outside patio and delete reference to “in conjunction with a sit down restaurant or in conjunction with an ABC licensed bona fide eating establishment.”

(b) Revise D.1.c. to identify t hat a hookah establishment shall not be established in conjunction with a bar, nightclub, sit-down restaurant, or in conjunction with an ABC licensed bona fide eating establishment.

(c) Revise D.1.d to require hookah establishments to “maintain a valid tobacco retail license pursuant to Business and Professions Code Section 29971.7, et, seq.

(d) Revise D.1.f. to add “with an outside patio area that is open to the sky,” and reduce separation from sensitive uses from 1,000 to 500 feet.

(e) Amend D.1.g. to prohibit a h ookah establishment from establishing an outside patio area when located in a mixed-use zone with a vertical separation between land uses.

(f) Amend D.1.h. to add that a n indoor hookah establishment meeting CAL-OSHA standards for air circulation are not subje ct to the 500- foot separation from sensitive land uses.

(g) Revise D.1.i. to reduce the minimum separation between hookah establishments from 1,000 to 500 FT.

(h) Amend D.1.j. to establish a minimum 1,320 FT separation between hookah establishments and a smoking/vaping retailer.

(9) Revise Division 5.03 – Supplemental Laned Use Regulations, Section

5.03.295: Mobilehome Parks, B. Site Development Standards, 2. Density so that the maximum residential density of 11.0 dwelling units per acre for the MHP zoning district is consistent with the MDR -11 (Low -Medium Density Residential-5.1 to 11.0 DU/Acre) zoning district.

(10) Revise Division 5.03 – Supplemental Laned Use Regulations, Section

5.03.370: Single Room Occupancy (SRO) Facilities to include:

(a) Revise B. to delete the setback requirement from various uses. 229

(b) Revise D. to delete reference to CUP application submittal.

(11) Amend Division 5.03 – Supplemental Laned Use Regulations, Section

5.03.395: Temporary and Interim Land Uses, Building, and Structures to add K. Temporary Tru ck Parking Facilities to include standards for temporary truck parking facilities as an interim land use in the AG zoning district.

(12) Revise Division 5.03 – Supplemental Lan ded Use Regulations, Section

5.03.405: Temporary Shelters and Supportive Housing to include:

(a) Revise the general statement to include Low Barrier Navigation Centers.

(b) Revise General Requirements at A.10. to delete reference to Supportive Housing facilities within the ALUCP safety zones.

(c) Revise Emergency Shelters at B.4. to add that privately operated shelters are limited to a 20 client/tenant bed limit.

(d) Amend Emergency Shelters at B.5. to add that publicly operated shelters are limited to a 50 client/tenant bed limit and that any increase in client/tenant beds is subject to Planning Director approval.

(e) Revise Emergency Shelters at B.10. to add a parking space requirement.

(13) Amend Division 6.01 – District Standards and Guidelines, Section

6.01.010: Residential Zoning Districts, E. Open Space Requirements for Small Lot Traditional and A lley-Loaded Development Projects, Cluster Single-Family Development Projects, and Multiple -Family and Mixed -Use Development Projects, to add E.2.d. Common Active Open Space Area – Ontario Ranch.

(14) Amend Division 6.01 - District Standards and Guidelines, Sect ion

6.01.010: Residential Zoning Districts, H. Density Bonus and Other Incentives, to add H.3.b. to include a procedure for a request for a Density Bonus, in and of itself.

(15) Revise Division 8.01 – Sign Regulations, Section 8.01.020: Sign Standards, Table 8.01-1: Sign Regulations Matrix, A. All Zoning Districts, 2. Permanent Signs, b. Directional Signs and C. Commercial Zoning Districts,

2. Permanent Signs, c. Directional Signs so that the Maximum Sign Area and Maximum Height are consistent with Section 8.01 .010 Exempt Signs definition for Directional Signs at 4 SF in area and 4 FT in height.

230
(16) Revise Division 9.01 – Definitions, Section 9.01.010: Terms and Phrases to include the following:

(a) Amend definitions to include Bridge Housing.

(b) Revise Community Care Facility definition.

(c) Revise Emergency Shelter definition.

(d) Amend definitions to include Low Barrier Navigation Center.

(e) Revise Religious Assembly (Place of Worship) definition.

(f) Revise Residential Care Facility definition.

(g) Amend definitions to include Respite/Recuperative Care; and

WHEREAS, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02 -1 (Review Matrix) assigns the City Council the responsib ility and authority to review act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and

WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and

WHEREAS, on May 27, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC25 -026, recommending the City Council approve the Development Code Amendment; and

WHEREAS, on August 5, 2025, the City Council of the City of Ontario conducted a public hearing on the Development Code Amendment and concluded said hearing on that date; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the decision- making body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
231

(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and

(2) The Development Code Amendment is exempt from the requirements o f the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the” common sense exemption” (also known as the “general rule exemption ”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

(3) The determination that the Development Code Amendment is not subject to CEQA reflects the independent judgment of the City Council.

SECTION 2: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Development Code Amendment , the City Council finds that based on the facts and information contained in the Application and supporting documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.

SECTION 3: Airport Land Use Compatibility Plan (“ALUCP”) Compliance.

The California State Ae ronautics Act (Public Utilities Code Section 21670 , et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.

(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts o f San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2 -2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2 -3), [3] Airspace protection Zones (ONT ALUCP Map 2 -4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds 232
and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and

(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Develo pment Code Amendment to establish the Chino Airport (“CNO”) Overlay Zoning District ( “OZD”) and Reference I, Chino Airport Land Use Compatibility Plan ( “CNO ALUCP”). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decision - making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above -referenced hearing, and upon the specific findings set forth in Section s 1 through 3 , above, the City Council hereby concludes as follows:

(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan ( “TOP”). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking —and thoughtfully applying —new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City’s economy and focuses City r esources in commercial and residential neighborhoods.

(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safegua rds intended to ensure that the purposes of the Development Code are 233
preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

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

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

SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the 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 19th day of August, 2025.

_____________________________________
PAUL S. LEON, MAYOR

234
ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

235

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 special meeting of the City Council of the City of Ontario held August 5, 2025 and adopted at the regular meeting held August 19, 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 August 19, 2025 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

236

ATTACHMENT A:

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

(Document to follow this page)
237

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

238

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239
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 240
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;

241
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

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

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.

242
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

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

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

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

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

243
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
244
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
245
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
246
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
247
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
248
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
249
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; 250
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 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 251
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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.

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

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

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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.

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

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

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

3. Public Hearings.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Review for Application Completeness.

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(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.

(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the responsible City department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.

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

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

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

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

3. Review and Action.

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Ontario Development 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 260
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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 262
Division 2.02— Application Filing and Processing
(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
264
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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
265
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
266
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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
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:

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

4.02.045)

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

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

X

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

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

ODC Section 4.02.070)
X X X

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

ODC Section 4.02.020.C)
X[5] X

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

11. Parking Reduction (Ref: ODC Section

6.03.025)
X

12. Sign Programs (Ref: ODC Section

4.02.075)
X

13. Specific Plan Minor Amendments (Ref:

ODC Section 4.02.080)
X

14. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X
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Ontario Development 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
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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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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.

272
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(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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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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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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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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B. Within 10 days following any decision or action of the Planning Commission, Zoning Administrator, or Development Advisory Board, the City Council may direct that such decision or action be sent to the Planning Commission for further consideration.

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

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

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

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Division 2.05—City Initiated Modification or Revocation

Sections:

2.05.000: Purpose

2.05.005: Applicability

2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation

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

2.05.000: Purpose

The purpose of this Division is to:

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

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

2.05.005: Applicability

A. Conditional Use Permit.

1. Disciplinary or Punitive Modification.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Disciplinary or Punitive Modification.

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

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

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

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

b. The action to modify a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of changing the physical aspects of the certificate, such as landscaping and irrigation, lighting, parking, performance guarantees, property maintenance, signs, paving, or any other aspect or condition determined to be reasonable and necessary to 281
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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 282
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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. 287

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 291
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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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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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 295
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 296
Division 5.01—Zoning Districts and Boundaries

(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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Division 5.01—Zoning Districts and Boundaries

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.

298
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 299
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;

300
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.

301

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.

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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

303
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:

304
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

305
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.

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

RESIDENTIAL

Animal Keeping (as an accessory use)

Birds

• Fewer than 25 birds P P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See residential animal keeping standards contained in 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). 306
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

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

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

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

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

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

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

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

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

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

Supportive Housing P P P ---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). 307
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
11 COMMERCIAL AGRICULTURE

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

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

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

112910 Apiculture (beekeeping and production) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 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 --- --- --- --- --- --- --- 308
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
115210 Support Activities for Animal Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 21 MINING, QUARRYING, AND OIL AND GAS EXTRACTION

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

221 Utilities

2211 Electric Power Generation, Transmission and Distribution

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

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

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

• Completely within a Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- • With Outdoor Storage (screened from public view) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading
Doors).
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 --- --- --- --- --- --- --- --- 309
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
3113 Sugar and Confectionery Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3115 Dairy Product Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 3116 Animal Slaughtering and Processing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 3117 Seafood Product Preparation and Packaging --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 3118 Bread and Tortilla Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- See Section 5.03.085 (Bread and Tortilla Manufacturing).
3119 Other Food Manufacturing (including snack foods, roasted nuts and peanut butter, coffee and tea, flavoring syrup and concentrate, seasoning and dressing, spice and extract, and all other miscellaneous food manufacturing)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- --- --- --- --- --- See Section 5.03.190 (Food Manufacturing, Other).
312 Beverage and Tobacco Product Manufacturing

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

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

3161 Leather and Hide Tanning and Finishing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 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 --- --- --- --- --- --- --- --- 310
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
325 Chemical Manufacturing

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

325311 Fertilizer Manufacturing with on-site composting --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- See Section 5.03.187 (Fertilizer Manufacturing from Manure Operations (FMMO)); and
Section 5.03.415 (Waste Treatment and
Disposal—Composting and Anaerobic Digestion
Facilities).
325314 Fertilizer Manufacturing without on-site composting (limited to mixing of purchased materials)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- 325320 Pesticide and Other Agricultural Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 3254 Pharmaceutical and Medicine Manufacturing (excludes biological product manufacturing—see NAICS 325414, below)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C C P --- --- --- P --- --- --- --- See Section 5.03.325 (Pharmaceutical and Medicine Manufacturing).
325414 Biological Product (except diagnostic) manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3255 Paint, Coating, and Adhesive Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- --- --- --- --- 3256 Soap, Cleaning Compound, and Toilet Preparation Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 5.03.375 (Soap, Cleaning Compound, and Toilet Preparation
Manufacturing).
3259 Other Chemical Product and Preparation Manufacturing 325910 Printing Ink Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- 325920 Explosives Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 325991 Custom Compounding of Purchased Resins --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 325992 Photographic Film, Paper, Plate, and Chemical Manufacturing --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C P --- --- --- --- --- --- --- --- 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 --- --- --- --- --- --- --- --- 311
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- --- --- --- --- 312
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- --- --- --- --- 313
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- --- --- --- --- --- --- --- 314
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
44-45 RETAIL TRADE

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 --- --- 315
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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).
316
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- --- --- --- --- --- --- --- --- --- 317
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

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

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

• 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 --- 318
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- 319
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- --- --- 320
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
52 FINANCE AND INSURANCE

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). 321
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
5312 Real Estate Agents and Brokers --- --- --- --- C 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.
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.
322
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
56 ADMINISTRATIVE AND SUPPORT, AND WASTE MANAGEMENT AND

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 --- --- --- --- --- --- --- --- 323
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

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

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

• 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).
324
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- ---- --- --- --- --- 325
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
611691 Exam Preparation and Tutoring 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.
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 --- --- --- --- --- 326
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

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

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

• 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 --- --- --- --- --- 6233 Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly

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)

• 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.

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)

• 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.

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).
327
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- --- --- 328
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- 329
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 330
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

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

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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
722320 Catering Services and Facilities --- --- --- --- --- --- P --- P --- --- P P P P --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- 722330 Mobile Food Services --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- See Section 5.03.290 (Mobile Food Services). 7224 Drinking Places (Alcoholic Beverage Sales for On-Premises Consumption)

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).
332
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
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 --- --- --- --- 333
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
8114 Personal and Household Goods Repair and Maintenance

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.
334
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

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

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

• 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 --- --- --- 335
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
812220 Cemeteries restrictions --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- 812220 Crematories --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- --- C --- --- --- 8123 Drycleaning and Laundry Services

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.
336
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

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

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
812990 Personal Fitness Trainer --- --- --- --- --- P P P P P P **P P P P --- P P P P P P P P P P --- --- --- --- --- --- --- --- --- See Section 5.03.315 (Personal Fitness Trainer). ** 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 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 337
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

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

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

338
Division 5.02—General Land Use Provisions
(Rev. 12.03.202408.19.2025) Page 5.02-38 Ontario Development Code

This page intentionally left blank

339

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
340
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

341
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:

342
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.
343
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, 344
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.

345
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.

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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 347
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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.

349
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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 350
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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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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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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 353
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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 354
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(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 355
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:

356
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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; 357
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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 358
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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 359
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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 360
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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.

361
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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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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 365
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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 366
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