i. Habitat for protected species.
j. Land under conservation easement.
4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior Urban Lot Split.
b. The lot to be split is not adjacent to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this Section, the term "any person acting in concert with the owner " shall include any third -party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.
6. No Impact on Protected Housing. The Urban Lot Split shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income -restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
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Ontario Development Code Page 6.08-35 (Rev. 12.01.2020) c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060 –7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to dete rmine compliance with this requirement.
7. Lot Size.
a. The lot to be split shall be at least 2,400 SF.
b. Each lot created by an Urban Lot Split shall be at least 1,200 SF.
c. Each lot created by an Urban Lot Split shall be between 60 percent and 40 percent of the original lot area.
8. Easements.
a. The owner shall enter into an easement agreement with each public - service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement shall be shown on the parcel map.
c. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved pursuant to subpart D.2 above.
9. Lot Access.
a. Each lot created by an Urban Lot Split shall adjoin a public street right -of- way.
b. Each lot created by an Urban Lot Split shall have frontage on the public street right-of-way of at least 20 FT.
10. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to State law and Section 5.03.403 (Two -Unit Projects) of this Development Code, or an ADU or JADU created pursuant to Section 5.03.010 (Accessory Dwelling Unit) of this Development Code.
b. Unit Size.
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(Rev. 12.01.2020) Page 6.08-36 Ontario Development Code (1) The total floor area of each primary dwelling that is developed on a lot resulting from an Urban Lot Split shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
(2) A primary dwelling that was legally established prior to the Urban Lot Split and that is larger than 800 SF is limited to the lawful floor area at the time of the Urban Lot Split and shall not be expanded.
(3) A primary dwelling that was legally established prior to the Urban Lot Split and is smaller than 800 SF may be expanded to a maximum of 800 SF after the Urban Lot Split.
c. Height Restrictions.
(1) On a resulting lot that is 2,000 SF or larger, no new primary dwelling unit may exceed one-story or 16 FT in height, measured from grade to peak of the structure.
(2) On a resulting lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two -stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an Urban Lot Split.
d. Lot Coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each.
e. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.10.e above:
(a) Existing Structures . No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(b) Cannot Preclude Construction of Two 800 -SF Units and 4 -FT Side/Rear Setbacks . The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a side or rear property line.
(3) Front Setback Area . Notwithstanding any other part of this Development Code, dwellings that are constructed after an Urban Lot Split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and 1078
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(b) Allow for vehicular and fire -safety access to the front structure.
f. Parking. Each new primary dwelling unit shall have at least one off -street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one-half mile walking distance of either:
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail transit service, or
(iii) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(2) The site is located within one -block of a permanently established car-share vehicle pickup/drop-off location.
g. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
(3) All exterior lighting shall be limited to down-lights.
(4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(5) If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street right -of-way line, then all windows and doors in that portion shall either be (for windows) c lerestory with the bottom of the glass at least 6 FT above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
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(Rev. 12.01.2020) Page 6.08-38 Ontario Development Code h. Walls, Fences, and Obstructions.
(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind the sidewalk.
(2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division 6.02 (Walls, Fences, and Obstructions) of this Chapter.
i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter.
j. Nonconforming Conditions . An Urban Lot Split may be approved without requiring a legal nonconforming zoning condition to be corrected.
k. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider.
(2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
l. Building and Safety. An Urban Lot Split is a change of use. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards .
11. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
(1) It shall have direct access to a public street right -of-way with a paved street with a width of at least 40 FT. The public street right -of-way shall have at least two independent points of access for fire and life safety to access and for residents to evac uate.
(2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
(3) All enclosed structures on the site shall have fire sprinklers.
(4) All sides of all dwellings on the site shall be within a 150 -FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
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Ontario Development Code Page 6.08-39 (Rev. 12.01.2020) (5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this subpart E.11. The City or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application.
The applicant shall pay the City 's costs for inspection. Failure to pay is grounds for denying the application.
12. Separate Conveyance.
a. On a lot created by an Urban Lot Split:
(1) Primary dwelling units cannot be owned or conveyed separately from each other.
(2) Condominium airspace divisions and common interest
developments are prohibited.
(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners.
(4) Separate conveyance of lots created by an Urban Lot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
13. Regulation of Uses.
a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.
b. No Short Term Rentals. No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days.
c. Owner Occupancy . The applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant 's principal residence for a minimum of 3 years after the Urban Lot Split is approved.
14. Notice of Construction.
a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
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(2) The anticipated start and end dates for construction,
(3) The hours of construction,
(4) Contact information for the project manager (for construction - related complaints), and
(5) Contact information for the Building & Safety Department.
b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.
15. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential land use of Urban Lot Split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot .
d. States that the property is formed by an Urban Lot Split and is, therefore, subject to the City's Urban Lot Split regulations, including all applicable limits on dwelling size and development.
F. Specific Adverse Impacts.
1. Notwithstanding anything else in this Section, the City may deny an application for an Urban Lot Split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact " on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. The term " specific adverse impact " has the same meaning as in GC Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete " and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
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Ontario Development Code Page 6.11-1 (Rev. 12.01.2020)
Division 6.11—Shopping Cart Retention and Storage
Sections:
6.11.000: Purpose
6.11.005: Applicability
6.11.010: Definitions
6.11.015: Exemption
6.11.020: Mandatory Shopping Cart Retention Plan
6.11.025: Shopping Cart Retention Plan Timeline and Approval Process
6.11.030: Penalties for Failing to Submit a Shopping Cart Retention Plan
6.11.035: Notification for Retrieval of Abandoned Carts
6.11.040: Administrative Costs and Fines
6.11.045: Disposition of Carts after 30 Days
6.11.050: Unmarked Shopping Carts: Public Nuisance
6.11.055: Unmarked Shopping Carts: Destruction
6.11.060: Shopping Cart Collection and Storage Facilities
6.11.000: Purpose
Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. The accumulation of wrecked, dismantled, and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The purpose of this Division is to provide regulations pertaining to abandoned shopping carts, unmarked shopping carts, provide a requirement for a mandatory plan to prevent cart removal, and provide adequate facilities for on-site cart storage.
6.11.005: Applicability
Any business establishment in the City that provides shopping carts for use by their patrons shall develop and implement a Shopping Cart Retention Plan, which is intended to prevent customers from removing carts from their business premises and provide appropriate cart storage areas pursuant to this Division. The Shopping Cart Retention Plan shall be reviewed and approved by the Planning Director pursuant to the procedures established for ministerial permits and decisions contained in Subsection 2.02.015.C (Ministerial Permits and Decisions) of this Development Code.
6.11.010: Definitions
As used in this Division, unless otherwise apparent from the context, the words, terms, and phrases listed below, shall have the following meaning:
A. Abandoned Cart. Any cart that has been removed without written permission of the owner, or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. This provision shall not apply to cart s that are removed for the purpose of repair or maintenance.
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B. Cart. A basket that is mounted on wheels or similar devise provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to, grocery store shopping carts.
C. Owner. Any person or entity, who in connection with the conduct of a business, owns, possesses, or makes any cart available to customers or the public. For the purposes of this Division, "owner" shall also include the owner's on-site or designated agent or retailer that provides the carts for use by its customers.
D. Premises. The entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.
E. Unmarked Cart. Any cart as defined by this Division that is not identified and marked pursuant to PC Section 22435.1.
6.11.015: Exemption
Any owner that agrees to enter into a contract with a City-designated retrieval service to provide for retrieval of abandoned carts, or, individually or as part of a consortium of businesses, enters into a retrieval contract with a retrieval service that is satisfactory to the City, shall be exempt from Section 6.11.025 (Prevention Plan Timeline and Approval Process), Section 6.11.030 (Penalties for Failing to Submit a Shopping Cart Retention Plan), and Section 6.11.035 (Notification for Retrieval of Abandoned Carts), below.
6.11.020: Mandatory Shopping Cart Retention Plan
Every business owner shall develop and implement a Shopping Cart Retention Plan for all businesses that utilize shopping carts for use by business patrons, to prevent customers from removing carts from the business premises. Every Shopping Cart Retention Plan shall include the following elements:
A. Required Signs on Carts. Every cart owned or provided by any business establishment in the City shall have a sign permanently affixed to it that contains all of the following information:
1. Identifies the owner of the cart or the name of the business establishment, or both;
2. Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
3. Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of State law; and
4. Lists a valid telephone number to contact to report the location of the abandoned cart or lists an address for returning the cart to the owner or business establishment.
B. Required Signs on Property. Signs shall be placed in pertinent places near door exits and near parking lot exists that notify customers that cart removal is prohibited and constitutes a violation of State and local law.
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C. Physical Measures.
1. New development, an increase of more than 10 percent in GFA, or the major alteration or remodel of any building occupied by, or proposed to be occupied by, retail commercial uses providing 10 or more shopping carts for use by business patrons, shall install and maintain in good working order, an electronic barrier system at the perimeter of the business site, which, when crossed by a shopping cart, will disable the cart, thereby preventing its removal from the site. Alternate cart retention methods that wou ld achieve the same outcome may be considered by the Planning Director.
2. New and existing businesses providing less than 10 shopping carts for use by patrons, may be required to implement specific physical measures to prevent shopping cart removal from the business premises. These measures may include one or more of the following:
a. Installation of disabling devices on all carts;
b. Posting of a security guard to deter and stop customers who attempt to remove carts from the premises;
c. A decorative bollard and chain system or decorative fencing installed around the business premises to prevent cart removal;
d. Security deposits required for the use of all carts; and/or
e. The rental or sale of carts that can be temporarily or permanently used for the transport of purchases.
6.11.025: Shopping Cart Retention Plan Timeline and Approval Process
The Shopping Cart Retention Plan shall be submitted for approval by the City within 60 days after adoption of this Division, and each time the plan is proposed to be amended. If a new Plan is submitted, the proposed measures shall be implemented no later than 30 days after City approval is given. The prevention measures shall be continued until and unless the City indicates that measures need to be modified. Unless otherwise agreed, any modifications to the Plan imposed by the City shall be implemented within 30 days after the City notifies the retailer of the needed modifications.
6.11.030: Penalties for Failing to Submit a Shopping Cart Retention Plan
Any owner that fails to submit a Shopping Cart Retention Plan, implement the proposed Plan measures, or implement any required modifications to the Plan by the City within the periods specified in this Division, shall be subject to a $1,000 civil penalty, plus an additional penalty of $50 for each day of noncompliance.
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6.11.035: Notification for Retrieval of Abandoned Carts
Pursuant to BPC Section 22435.7, the City shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City within 24 hours of impoundment. The owner shall have 3 business days from the date that notification is give n to retrieve carts from the City.
6.11.040: Administrative Costs and Fines
Pursuant to BPC Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within 3 business days after receiving notice from the City, shall pay the City 's administrative costs for retrieving the cart(s) and providing the notification to the owner. Any owner who fails to retrieve abandoned carts in accordance with this Division in excess of 3 times during a 6 -month period shall be subject to a $50 fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the City in a one-day period.
6.11.045: Disposition of Carts after 30 Days
Pursuant to State law, any cart not reclaimed from the City within 30 days after notification to the owner, shall be sold or otherwise disposed of by the City.
6.11.050: Unmarked Shopping Carts: Public Nuisance
Any unmarked shopping cart is hereby declared a public nuisance if:
A. It is left unattended on a public right-of-way or other public property;
B. It is left unattended on any private property at a location that will impede emergency services;
C. It is left unattended on the front or side setback of any private property without the owner's or occupant's permission; or
D. It is left on private property where it may be viewed from the public right -of-way or adjacent properties for more than 24 hours after the occupant, if any, and the owner of the property has received written notice which states that if the shopping cart is not removed from public view, it will be impounded by the City and may be sold or otherwise disposed of by the City.
6.11.055: Unmarked Shopping Carts: Destruction
Any carts found to be unmarked as defined by this Division, and has been impounded by the City, shall be destroyed without any further notice other than as specified in Subsection 6.11.050.D of this Division.
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6.11.060: Shopping Cart Collection and Storage Facilities
Shopping cart storage facilities shall be provided for commercial- retail uses, including, but not limited to, automotive parts and supplies, food and beverage stores, health and personal care stores, general merchandise stores, and other miscellaneous reta il stores, for 3 separate and distinct purposes: [1] the overnight or long -term storage of shopping carts; [2] the distribution of shopping carts to patrons as they enter the business; and [3] stations for the collection and storage of shopping carts within off-street parking facilities.
A. The Overnight or Long-Term Storage of Shopping Carts.
1. Facilities for the overnight or long -term storage of shopping carts shall be located within the building of the business they serve, or outside, within screened areas. Outside overnight shopping cart storage areas shall be screened and secured by a minimum 3-FT high decorative masonry wall, with a decorative cap, in combination with landscaping. The wall shall be designed to be architecturally consistent with the design of the adjacent building(s).
2. The minimum size, design, and location of overnight shopping cart storage areas shall be subject to Planning Director approval.
B. Stations for the Collection and Storage of Shopping Carts within Off-Street Parking Facilities (Shopping Cart Corrals). Shopping cart corrals shall be provided within off -street parking facilities and shall be distributed throughout parking lots for convenient access by business patrons.
1. At a minimum, shopping cart corrals shall be defined by a landscaped planter on at least two opposing perimeter sides, minimum 3 FT in width, bordered by a raised 6-inch concrete curb, which shall be planted and maintained with a hedgerow that will be allo wed to grow to a minimum height of 3 FT for the purpose of screening shopping carts. The paving at the corral entrance shall be slightly raised to keep shopping carts confined within the corral. Within the required planter area, the construction of a 3 -FT high decorative masonry wall with a decorative cap is encouraged, to provide further screening. The use of pipe corrals shall not be permitted.
2. Shopping cart corrals shall be distributed throughout the off -street parking area.
The minimum number, dimensions, and locations of shopping cart corrals shall be determined by the Planning Director.
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Chapter 7.0:
Historic Preservation
Division 7.01—Historic Preservation
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Ontario Development Code Page 7.01-1 (Rev. 11.05.202401.20.2026) Division 7.01—Historic Preservation
Sections:
7.01.000: Purpose
7.01.005: Applicability
7.01.010: The Ontario Register of Historic Resources
7.01.015: Historic Rehabilitation Financing Program
7.01.020: California Historical Building Code (CHBC)
7.01.025: Incentives for Historic Preservation
7.01.030: Historic Preservation Mitigation Fee
7.01.035: Historic Preservation Trust Fund
7.01.040: Preservation Easements
7.01.045: Owner's Duty to Keep a Historic Resource in Good Repair
7.01.050: Ordinary Maintenance Repair
7.01.055: Unsafe or Dangerous Conditions
7.01.060: Enforcement and Penalties
7.01.065: Guidelines for the Treatment of Historic Properties
7.01.000: Purpose
The purpose of this Division is to specify significance criteria for the designation of historic resources, procedures for designation, and review procedures to:
A. Safeguard the character and history of the City, which is reflected in its unique culturally, historically, and architecturally significant structures and heritage, with emphasis on the "Model Colony," as recognized by an Act of Congress and presented at the St. Louis World 's Fair in 1904;
B. Encourage and promote the adaptive reuse of the City's historic resources;
C. Enhance, perpetuate, and preserve architecturally and historically significant structures and promote revitalization of historic neighborhoods and commercial areas;
D. Ensure that the rights of the owners of historic resources are safeguarded;
E. Foster civic pride in the beauty and noble accomplishments of the past by promoting private stewardship of historic resources that represent these accomplishments;
F. Fulfill the City's responsibilities as a Certified Local Government under Federal preservation laws;
G. Promote the identification, documentation, and evaluation of the significance of individual historic resources and districts;
H. Implement the historic preservation goals, policies, and programs of the Policy Plan (General Plan) component of The Ontario Plan;
I. Promote the City as a destination for tourists and as a desirable location for business;
J. Promote public awareness of the value of rehabilitation, restoration, and maintenance of the existing building stock as a means to conserve reusable material and energy resources; 1095
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K. Recognize the City's historic resources as economic assets and provide economic financial incentives for historic preservation;
L. Stabilize and improve property values, and enhance the aesthetic and visual character, place making, diversity, and environmental amenities of the City's historic properties and areas;
M. Promote public knowledge, appreciation, and understanding of the City's past, and foster civic and neighborhood pride in the beauty and accomplishments of the past;
N. Promote the enjoyment and use of historic resources appropriate for the education and recreation of the people of the City;
O. Recognize historic resources and protect areas of historic structures from encroachment of incompatible designs;
P. Promote public awareness of the benefits of preservation; and
Q. Encourage public participation in historic preservation, thereby increasing civic pride in the City's heritage.
7.01.005: Applicability
The provisions of this Division shall apply to all historic resources within the City, including improvements, buildings, structures, signs, features, historic districts, conservation zones, trees, or other objects of cultural, architectural, or historical significance to the City, State of California, the Southern California region, or the nation, which have been determined eligible for nomination or designation, and determined to be appropriate for historic preservation by the City.
7.01.010: The Ontario Register of Historic Resources
A. Purpose. The purpose of this Section is to establish an official local register, which includes an inventory of buildings, structures, sites, objects, and districts worthy of preservation due to their significance in history, architecture, archeology, engineering, and/or culture within the City.
B. Applicability. The Historic Preservation Subcommittee is hereby empowered to review evaluations of potential historic resources, which have been identified, recorded, and documented through a Historic Resource Survey, against criteria for local landmark and district designations for the purpose of approving or denying inclusion of a potential historic resource to the Ontario Register. The Historic Preservation Subcommittee shall be responsible for maintaining the Ontario Register.
C. Historic Resource Surveys. The City shall conduct, from time to time, a survey to identify properties that have the potential to become eligible historic resources, as well as areas and neighborhoods that, due to the geographic or thematic concentration of potential historic resources, have the potential to be historic districts. These properties, surveyed at the reconnaissance level pursuant to standards established by the California Office of Historic Preservation, are identified but not evaluated for his toric significance, and, therefore, are not considered eligible historic structures or eligible historic districts.
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Ontario Development Code Page 7.01-3 (Rev. 11.05.202401.20.2026) D. Eligible Historic Resources. Any property or grouping of properties listed on the Ontario Register prior to September 1, 2003, or after September 1, 2003, surveyed at the intensive level pursuant to standards established by the California Office of Historic Preservation, and determined to meet the designation criteria for local historic landmarks or local historic districts set forth in Section 4.02.040 (Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Development Code, shall be determined by the Approving Authority to be an "eligible" historic resource.
E. Historic Resources. Those Improvements, buildings, structures, signs, features, Historic Districts, conservation zones, trees, or other objects of cultural, architectural, or historical significance to the City, State, Region, or the Nation, which have been determined to be eligible for nomination or designation and determined to be appropriate for historic preservation by the Approving Authority.
7.01.015: Historic Rehabilitation Financing Program
A. Purpose. The purpose of this Section is to establish a program of long term, low interest loans to finance the preservation, restoration, and rehabilitation of historic resources pursuant to the provisions of the Marks Historic Rehabilitation Act of 1976.
B. Applicability. The City hereby establishes a Historic Rehabilitation Financing Program pursuant to the provisions of the Marks Historic Rehabilitation Act of 1976. Any building, structure, object, or site that is eligible for funding pursuant to the Historic Rehabilitation Financing Program, shall be within a rehabilitation area, as defined in Subsection C (Rehabilitation Areas), below, and shall consist of one or more of the following:
1. The building, structure, object, or site shall be a designated local historic landmark;
2. The building, structure, object, or site shall be a contributing structure to a designated local historic district; or
3. The building, structure, object, or site shall be listed, or determined eligible for listing, on the California Register of Historic Resources or the National Register of Historic Places.
C. Rehabilitation Areas.
1. Original Downtown and Euclid Avenue Area. This area consists of the City's original downtown, and extends north to include the historic districts adjacent to Euclid Avenue, the boundary of which is as follows:
Beginning at the intersection of the centerlines of State Street and San Antonio Avenue, thence north to the northernmost city boundary, thence east to the centerline of Sultana Avenue, thence south to the centerline of G Street, thence east to the centerline of Campus Avenue, thence south to the centerline of State Street, thence west to the point of beginning.
2. Guasti. This area consists of the Historic Guasti Winery, the boundary of which is as follows:
Beginning at the intersection of the centerline of Archibald Avenue and the Southern Pacific Railroad Mainline, thence east to a point 550.19 FT east of the 1097
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D. Rehabilitation Requirements. Any building, structure, object, or site that is rehabilitated with funds from the Historic Rehabilitation Financing Program, shall comply with the following:
1. Rehabilitation Standards. Any rehabilitation must use the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, or Reconstructing Historic Buildings, and any local preservation and design guidelines.
2. Maintenance. Any building, structure, object, or site rehabilitated with funding from the Historic Rehabilitation Financing Program shall be maintained for a period of at least 10 years, beginning on the date of completion of the rehabilitation.
E. Advisory Board. An advisory board shall be established pursuant to, and in accord with, the provisions of State law, if and when the implementation of the provisions of this Section are deemed warranted.
7.01.020: California Historical Building Code (CHBC)
The CHBC provides alternative building regulations to address unique construction issues inherent in the maintenance, rehabilitation, preservation, restoration, adaptive reuse, or relocation of structures surveyed and identified as a historic resource. The CHBC may be used for any historic resource in the City's building permit procedure.
7.01.025: Incentives for Historic Preservation
A. Purpose. The purpose of this Section is to allow for the use of certain incentives to support the preservation, maintenance, and appropriate rehabilitation of the City 's designated historic resources.
B. Applicability.
1. Qualifying Properties. Preservation incentives shall be made available to owners of the following types of properties:
a. Properties listed on the National Register of Historic Places;
b. Properties listed on the California Register of Historic Resources;
c. Properties designated as Local Historic Landmarks; or
d. Properties that are contributing structures within designated local historic districts.
2. Qualifying Projects. The below-listed project types shall be eligible for the receipt of preservation incentives. Qualifying project types shall comply with the Secretary of the Interior 's 1098
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a. Restoration or exterior rehabilitation that includes the restoration, repair, or replacement, in kind, of significant architectural features, and that complies with the Secretary 's Standards;
b. Roof replacement with similar material, or repair and replacement of roofing where the roof is a significant architectural feature;
c. Relocation to another site;
d. Restoration of designated interior spaces, which complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties;
e. Seismic reinforcement or structural rehabilitation;
f. Replacement of building systems that will further the preservation of the historic resource; or
g. Additions (eligible for development incentives only).
C. Types of Incentives. The below -listed incentives may be used for the eligible projects identified in Subsection B (Applicability) of this Section.
1. Economic and Financial Incentives . The following economic and financial incentives may be applied to a project following approval by the Historic Preservation Commission or the Historic Preservation Trust Board of Trustees, as applicable, and approval by the City Manager or the City Council, as applicable:
a. Grants or loans approved through the Historic Preservation Trust pursuant to Section 7.01.030 (Historic Preservation Trust Fund) of this Division;
b. Approval of a Mills Act contract pursuant to Section 4.02.070 (Historic Preservation—Mills Act Contracts) of this Development Code;
c. Approval of funding through the Historic Rehabilitation Financing Program pursuant to Section 7.01.015 (California Historical Building Code) of this Division;
d. Grants or loans through other City funding sources, including, but not limited to, redevelopment and housing funds;
e. Preservation easements;
f. Reduction or elimination of building plan check or permit fees;
g. Reduction or elimination of development impact fees;
h. Reduction or elimination of any other applicable City fees; or
i. Federal rehabilitation tax credits (applied through the California Office of Historic Preservation).
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2. Development Incentives. The following development incentives to be applied to the project:
a. California Historical Building Code. Use of the CHBC pursuant to Section
7.01.015 (California Historical Building Code) of this Division.
b. Parking Reduction. For existing single -family dwellings with a one -car garage, the Planning Director may waive the requirement for 2 off -street parking spaces within a garage when adding floor area, if an existing one -car garage contributes to the significance of the property and/or district, and the existing garage is in good condition, or, if deteriorated, will be returned to good condition as part of the work to add new living space to the residence.
c. Setback Reductions and Increases in Maximum Building Height. The Planning Director may grant reductions in required building setbacks or increases in the maximum allowed building height when the setback reduction or increase in allowed building height allows for the restoration of a character- defining feature, or a llows character -defining features to be replicated in additions to historic structures. In no case, however, shall a reduction in a setback be granted when the reduction will cause an adverse effect to the property or neighboring property, or cause an adverse effect to the character of the neighborhood or district.
d. Adaptive Reuse. Departures from certain development standards may be waived to encourage adaptive reuse of qualified historic buildings pursuant to, and in accord with, the provisions of Section 4.03.010 of this Development Code.
7.01.030: Historic Preservation Mitigation Fee
A. Purpose. The purpose of this Section is to establish the Historic Preservation Mitigation Fee whereby the impacts resulting from the demolition (either in part or whole) of historic resources may be lessened by the collection of fees that will provide a source of funds for the conservation, preservation, restoration, and rehabilitation of historic resources within the City.
B. Applicability.
1. A mitigation fee, in an amount established by this Section, shall be paid prior to the issuance of any permit for demolition or subject to the terms of an agreement approved by the City Manager or his or her designee and recorded against the property, whether in whole or in part, of any historic resource, including accessory buildings and structures that do not contain living space, such as garages and workshops, which contribute to the historic significance of a property. The mitigation fee shall be deposi ted in the Historic Preservation Trust Fund established pursuant to Section 7.01.030 (Historic Preservation Trust Fund) of this Division.
2. The Historic Preservation Commission may reduce the amount of mitigation fee to be paid if it can be clearly established that the amount of fee to be paid would amount to a regulatory taking of property.
3. Additions and accessory buildings and structures determined not to be contributing to the significance of the property shall not be assessed a mitigation fee.
4. The mitigation fee structure shall be based on the most current International Code Council (ICC) Building Valuation Data. Fees can range from 10 to 30 percent of the square foot 1100
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Ontario Development Code Page 7.01-7 (Rev. 11.05.202401.20.2026) cost to construct the building or structure that is being demolished. The square foot construction cost is determined by the construction type (building occupancy group) of the demolished building or structure. The percentage (or fee amount) that is assessed is determined by historic significance and is applied to the cost per square foot of the building or structure that is being demolished.
a. The mitigation fee for historic resources listed on the Ontario Register shall be determined based upon a 3-tier system, established pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Development Code, which ranks historical resources within the City, based upon their size, type, and significance. Tier III historic resources are 10 percent, Tier II are 20 percent, and Tier I are 30 percent of the price per square foot construction cost as established in the most current ICC Building Valuation Data.
b. The mitigation fee for historic resources determined through survey evaluation, completed by individual(s) meeting the Secretary of the Interior Professional Standards, which are not listed in the Ontario Register, shall be determined by the level of historic integrity. Moderate-level integrity shall be 10 percent and high-level integrity shall be 20 percent of the price per square foot construction cost as established in the most current ICC Building Valuation Data.
7.01.035: Historic Preservation Trust Fund
A. Purpose. The purpose of the Historic Preservation Trust Fund is to provide funding, under direction of the City Council, for the conservation, preservation, restoration, and rehabilitation of historic resources within the City.
B. Applicability. The Historic Preservation Trust Fund is hereby established as means to receive, recycle, and replenish monies to assist the funding of historic preservation projects within the City.
All funds deposited in the Historic Preservation Trust Fund shall be used solely for the conservation, preservation, restoration, and rehabilitation of historic resources, as provided in this Section.
C. Trust Fund Administration.
1. The City Council shall have authority for establishing policy for Historic Preservation Trust Fund expenditures.
2. The Historic Preservation Commission shall have authority to make recommendations to the City Council regarding grant and loan applications, acquisition of property, contracts and lease agreements, and any other action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Historic Preservation Trust Fund.
3. The City Manager, or designee of the City Manager, shall serve as financial administrator of the Historic Preservation Trust Fund and shall be responsible for management of its finances, which shall be carried-out pursuant to all applicable federal, State and local laws.
4. The Planning Director, or designee of the Planning Director, shall serve as program administrator of the Historic Preservation Trust Fund and shall be responsible for its day -to-day management and operations.
D. Historic Preservation Trust Fund Proceeds.
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1. Deposits. All funds received by the City for historic preservation purposes shall be deposited in the Historic Preservation Trust Fund. The City 's Fiscal Services Department may establish separate accounts within the Trust Fund for the purpose of separating deposits according to their origin or intended purpose.
2. Grants, Gifts, and Donations. In addition to any public funds appropriated expressly for the purpose of this Subsection, the program administrator may apply for grants, gifts, donations, subventions, rents, royalties, and other financial support, or real or personal property, from private sources, pursuant to City policies. All money received from private sources shall be deposited in a separate account established pursuant to Paragraph D.1 (Deposits), above, and shall be appropriated to the program adminis trator for expenditures for historic preservation projects pursuant to this Section.
3. Deposit of Proceeds from Any Lease, Rental, Sale, Exchange, or Transfer of Real Property. All proceeds from any lease, rental, sale, exchange, or transfer of real property, or any interest therein or option thereon, shall be deposited in the Historic Preservation Trust Fund, together with any other reimbursements, repayments, and income received by the program administrator.
E. Historic Preservation Trust Fund Program Activities.
1. Properties.
a. Acquisition. Pursuant to State Property Acquisition Law (GC Section 15850, et seq.), the City may acquire, fee title, or any lesser interest, in any real property whose preservation is required to meet the policies and objectives of the City 's historic preservation program. The City may accept gifts or dedications of real property and may enter into an option to purchase real property in order to meet the purposes of this provision.
b. Agreements for Preservation and Management. In order to carry out historic preservation projects, the financial administrator may initiate, negotiate, and participate in agreements with public agencies, nonprofit organizations, private entities, or individuals for the preservation and management of historic resources under their control, and enter into any other agreements authorized by state law, as approved by the City Council.
c. Real Property Transactions; Authorization. Notwithstanding any other provision of federal, State or local law, the financial administrator may lease, rent, sell, exchange, or otherwise transfer any real property acquired under this section, or interest therein or option to purchase, provided that the City Council first determines that the action is in the best interests of the City.
d. Acquisition, Conservation, Return, and Transfer of Title.
(1) The City Council may acquire any interest in real property pursuant to Paragraph E.1 (Properties) of this Section, with historic (including archaeological) significance, or necessary for the preservation or management of a property, in order to prevent the loss of historic integrity, prevent imminent destruction, or to otherwise secure the preservation of the historical resource.
(2) The program administrator may undertake conservation or preservation activities for historic resources acquired Pursuant to this Section. 1102
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(3) The program administrator shall encourage, to the greatest extent feasible, the acquisition of historic resources by other qualified purchasers.
(4) The City Council shall take all feasible action to return or transfer title to historic resources, to a nonprofit organization, another public agency, private entity, or individual, for all properties acquired for historic resource preservation pursuant to this Section.
2. Loans and Grants. Money in the Historic Preservation Trust Fund shall be available, upon recommendation of the Historic Preservation Commission and appropriation by the City Council, for all loans and grants to public agencies, nonprofit organizations and private entities, to carry out the purposes of this Section.
a. Qualifying Properties. The City Council may award a grant or loan for properties that are designated a local historic landmark or a contributing structure in a designated local historic district, or are listed on the California Register of Historic Resources or the National Register of Historic Places, excepting those projects that are " interpretative," as described in Subparagraph E.3.c (Interpretive Projects) of this Section.
b. Agreements. No loan or grant shall be made except pursuant to an agreement with the City, and subject to terms and conditions approved by the City Council, upon recommendation of the Historic Preservation Commission, which shall ensure that each requested loan or grant carries out the purposes of this Section.
c. Authorization to Contract and Issue Grants or Loans. The financial administrator may, upon City Council approval, enter into contracts and make grants or loans with public agencies, nonprofit organizations, or private entities, to further the purposes of City 's historic preservation program, and to carry out activities for this purpose.
d. Matching Funds. All grants and loans should include a cash match for the historic preservation project. Guidelines for determining the amount of required matching funds, if any, shall be adopted by resolution of the City Council. Donated materials and services, staff salaries and organizational overhead costs may be eligible sources of match. The City Council may waive the matching funds requirement.
e. Excess Funds. After completion of a historic preservation project, a grant or loan recipient shall return to the Historic Preservation Trust Fund, the amount of the grant or loan that exceeds the eligible project's costs
3. Qualifying Projects for Competitive Grants and Loans . Competitive Grants and loans are hereby established for the following project types:
a. Construction Projects. Construction projects include the preservation, restoration, exterior rehabilitation, or rehabilitation of the foundation, structural, electrical, or plumbing systems of a historic resource. Qualifying construction projects do not include new additions, routine maintenance such as simple, small-scale activities requiring only minimal skills or training associated with regular (daily, weekly, monthly, etc.) and general upkeep of a property against normal wear and tear), reconstruction, demolition, or relocation;
b. Planning Projects. Planning projects identify, document, and record historic resources according to applicable local, state, and federal standards, and/or contribute to the 1103
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(Rev. 11.05.202401.20.2026) Page 7.01-10 Ontario Development Code development of the City 's historic context, and/or contribute to the development of a Historic Structures Report, Building Conditions Assessment, conservation plan or preservation plan; and
c. Interpretative Projects. Interpretative projects consist of the creation of interpretative media to educate the public on the City's history and/or historic resources.
4. Project Selection Criteria . The award of a grant or loan for a historic preservation project shall be based upon consideration of the following criteria:
a. Level of historic significance of the resource, based upon the Tier Designation;
b. Level of urgency for the project to avoid the loss of a historic resource;
c. Value of improvement to ensure preservation of the historic resource;
d. Overall benefit to the community through the public's ability to observe and experience the historic resource;
e. Ability to match funds, if required; and
f. Level of professional qualifications for administrating project to demonstrate the ability to successfully complete the project.
5. Qualifying Projects for Emergency Non-Competitive Grants and Loans. In the event that a historic resource is in need of immediate and unanticipated work to prevent its demolition resulting from an unforeseen disaster, such as fire, flood, wind, earthquake or other calamity, the public enemy, or other cause that is beyond the control of the property owner and could not otherwise have been prevented by reasonable care and maintenance of the structure, the City Council may establish a non -competitive emergency grant and/or loan for the following emergency project types, which are not otherwise covered by property owner insurance:
a. Securing, shoring and/or stabilizing a historic resource;
b. Abatement of hazardous health materials and sources which lead to structural deterioration; and
c. Preparing a historic Structure Report and/or Preservation Plan approved by Planning Director.
7.01.040: Preservation Easements
Preservation easements on the facades of buildings designated historic resources may be acquired by the City, or on the City's behalf, by a nonprofit group designated by the City through purchase, donation, or condemnation pursuant to Section CC 815.
7.01.045: Owner's Duty to Keep a Historic Resource in Good Repair
A. Purpose. The purpose of this Section is to ensure the upkeep and maintenance of historic resources within the City by their owner or other responsible party. 1104
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B. Applicability. It shall be the duty of the owner of a historic resource, or any such person responsible for upkeep and maintenance of a historic resource other than the property owner, to keep in good repair, all exterior and interior features of such historic resources, which if not maintained, may cause or tend to cause the exterior features of such resources to deteriorate, decay, become damaged, or fall into a state of disrepair.
C. Protection against Deterioration, Damage, and Decay. The owner of a historic resource, or any such person responsible for upkeep and maintenance of a historic resource other than the property owner, shall preserve such historic resource against deterioration, damage, and decay, and further, shall keep such historic resource free from structural defects through the prompt repair of the below-listed items:
1. Facades that may fall and injure a member of the public or property;
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports;
3. Members of ceilings, roofs and roof supports, or other horizontal members that age, split, or buckle due to defective material or deterioration;
4. Deteriorated or insufficient waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
5. Defective or insufficient weather protection for exterior wall covering, including lack of paint, or weathering due to lack of paint or other protective covering; and/or
6. Any fault or defect in the building, which renders the building not properly watertight or structurally unsafe.
D. Failure of Owner to Comply with this Section. A Certificate of Appropriateness shall not be issued for the demolition of a historic resource resulting from failure of the owner to comply with the provisions of this Section.
E. Enforcement of this Section. It shall be the duty of the Building Official to enforce this Section with guidance from the Historic Preservation Commission.
7.01.050: Ordinary Maintenance Repair
Nothing in this Division shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature within or on any property covered by this Division, which does not involve a change in design, material, or external appearance thereof (refer to Section 7.01.065 (Guidelines for the Treatment of Historic Properties)).
7.01.055: Unsafe or Dangerous Conditions
Nothing contained in this Division shall prohibit the construction, alteration, restoration, demolition, or relocation of any historic resource when such action is required to protect the public safety due to an unsafe or dangerous condition, which cannot be rectified through use of the CHBC. In such case, upon assessment and recommendation by the Building Official, the Planning Director shall 1105
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7.01.060: Enforcement and Penalties
In addition to the requirements of Section 1.02.010 (Enforcement) of this Development Code, the following enforcement and penalty provisions shall apply:
A. Misdemeanor. Anyone violating a requirement of this Division or failing to obey an order issued by the Historic Preservation Commission or Historic Preservation Subcommittee, or comply with a condition of approval of any certificate or permit issued pursuant to this Development Code shall be guilty of a misdemeanor, unless the citing official or the prosecuting attorney determines that it would be in the interests of justice to prosecute the offense as an infraction.
B. Demolition of a Historic Resource in Violation of this Division. Any alteration or demolition (including partial demolition) of a historic resource in violation of this Division is expressly declared to be a nuisance and shall be abated by restoring or reconstructing the property to its original condition prior to the violation. Any person or entity who demolishes or substantially alters or causes substantial alteration or demolition through deferred maintenance of a structure in violation of the provisions of this Division, shall be liable for civil penalties.
C. Temporary Moratorium. Alteration or demolition (including partial demolition) of a historic resource in violation of this Division shall authorize the City to issue a temporary moratorium for the development of the subject property for a period not to exceed 24 months from the date the City becomes aware of the alteration or demolition in violation of this Development Code. The purpose of the moratorium is to provide the City an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the historic structure, and to ensure measures are incorporated into any future development plans and approvals for the subject property.
Mitigation measures determined by the Planning Director, Historic Preservation Subcommittee, and/or Historic Preservation Commission, shall be imposed as a condition of any subsequent permit for development of the subject property.
D. Notification of Violation(s) and Assessment of Civil Penalties.
1. The Planning Director shall issue a Notification of Violation and Assessment Civil Penalties to the applicant, property owner, or entity responsible for the property of the alleged violation(s). The Notification of Violation and Assessment Civil Penalties shall include a description of the conditions that gave rise to the violation(s), and the civil penalties to be assessed pursuant to this Section. The notification shall be served by certified mail or may be delivered.
2. In the case of demolition (including partial demolition), the civil penalty to be assessed shall be equal to one -half the assessed value of the historic resource prior to the demolition. The assessed valuation prior to demolition shall be determined using the most recently published International Code Council (ICC) Building Valuation Data. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the historic resource. The cost of restoration shall be determined by the Building Official.
3. Upon payment of civil penalties, building and construction permits, and/or a Certificate of Occupancy, may be issued.
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4. All monies collected pursuant to this Section shall be deposited into the City 's Historic Preservation Trust Fund.
E. Appeal of Assessed Civil Penalties.
1. An appeal of a civil penalty may be filed with the Planning Department on a City application form, within 10 days following the date of the Notification of Violation and Assessment Civil Penalties issued pursuant to Paragraph D.1 of this Section. The appeal shall include a statement identifying the specific violation and civil penalty that is being appealed, the specific grounds for the appeal, and the relief requested from the Planning Director.
2. Within 45 days following receipt of an appeal, the Planning Director shall hold a hearing, which is open to the public, to hear and consider objections and/or protest of the alleged violation(s) and assessment of civil penalties stated in the appeal application. The Planning Director shall hear and receive all evidence and testimony relative to the violation(s) and assessment of civil penalties and shall consider all evidence. Within 15 days following conclusion of the hearing, the Planning Director shall render a decision in writing, determining the amount (if any) of civil penalties to be assessed. The decision of the Planning Director shall be final and conclusive in the absence of the filing of an appeal.
3. The Planning Director 's decision may be appealed to the City Manager. The appeal shall be filed with the Planning Department on a City application form, within 10 days following issuance of the Planning Director's decision.
4. Within 30 days following receipt of the appeal of the Planning Director 's decision, the City Manager shall hold a hearing, which is open to the public, to hear and consider the evidence and reasons not to uphold the Planning Director 's decision. Within 15 days following conclusion of the hearing, the City Manager shall render a decision in writing, determining the amount (if any) of civil penalties to be assessed. The decision of the City Manager shall be final and conclusive.
F. Injunctive Relief. The City Attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction or replacement of any structure demolished, partially demolished, altered, or partially altered in violation of this Division.
7.01.065: Guidelines for the Treatment of Historic Properties
A. In order to ensure that Ontario's historic resources are preserved for future generations, any proposed work on a historic resource shall follow the Secretary of the Interior 's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. The standards were developed by the federal government to be guiding principles regarding the treatment of historic properties.
B. In addition to the Secretary of the Interior 's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, any proposed work on a historic resource shall follow the standards and guidelines set forth by Division 6.01 (District Standards and Guidelines) of this Development Code, and the design guidelines established by Subsection D (Historic Preservation Design Guidelines) of this Section, as applicable.
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D. The following design guidelines are intended to assist the designer in understanding the City's goals and objectives for the applicable development type. Furthermore, the guidelines are intended to compliment the mandatory development regulations contained in this Development Code by providing examples of potential design solutions and recommendations, and by providing design interpretations of the various mandatory regulations contained herein.
1. Additions.
a. Converting Existing Space. Using existing areas of the structure can provide additional usable square footage. Conversions of basements and attics to habitable space are the most preferred way of adding square footage. Consider introducing dormers to facilitate conversions. Small bays, if strategically spaced and in keeping with the overall design of the house, can accommodate more habitable space while maintaining the integrity of the overall design.
b. New Construction. All new construction shall be consistent with the existing structure. Large additions should be placed at the rear or side of structures to minimize visual impacts. New additions should be handled in one of two ways: [i] seamless additions that form a new dominant building mass consistent with the historic style and uses materials and architectural designs indistinguishable from what exists; and [ii] accented additions that express a new building projection as an additive element, reinforcing the identity of the original building, and is made from compatible, but not necessarily identical materials.
(1) New construction along the front of a building should generally maintain the proportion and arrangement of openings, projections, and other features.
(2) Upper-story additions are discouraged unless they are consistent with the original design and character of the house style.
(3) The architectural style shall be consistent with the original structure and shall use material similar to those used on the main structure, including siding treatment, windows, doors, trim, roof pitch, etc.
(4) Details on the addition shall match the architectural details on the original structure such as latticework projecting beams, etc.
c. Garages and other Accessory Structures. Garages and other accessory structures shall be consistent with the historic character of the main structure.
(1) The architectural style shall be consistent with the main structure and shall use material similar to those used on the main structure, including siding treatment, windows, doors, trim, roof pitch, etc.
(2) Details on the accessory structure shall match the architectural details on the main structure such as latticework, projecting beams, etc.
(3) Garages shall be located to the rear of the property and detached from the main structure.
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2. Architectural Features.
a. Common Features.
Traditional buildings and houses have many
common features, regardless of the style of
architecture.
Raised front porch;
Massed columns on porch supports;
Vertical orientation of windows;
Window and door trim;
Garage door (facing street) treatment
(recessed, windows, ornamentation, etc.);
Consistency of materials and colors with style of architecture; Detailed porch supports and railings;
Dormers;
Chimney;
Balconies;
Window Boxes; and
Ornamentation (grill work over windows, tile accents, pop outs, relief bands, etc).
b. Doors. Traditional doors relate to the style of architecture of the building.
Shown top right, are examples of door styles.
c. Windows. Traditional windows relate to the style of architecture of the building. Shown bottom right, are examples of window styles.
d. Architectural Styles.
Architectural styles should be used for new
development that is compatible with the
architecture of the neighborhood. Refer to
Reference "B" (Architectural Styles Guide) of
this Development Code for an architectural
styles guide containing a list of architectural
styles and some common features found with
the style. This list of architectural styles has
been developed with the assistance of the
California Office of Historic Preservation and
these styles are the only styles approved,
except where noted, for use with Historic
Resource Surveys. The list is based on the
following books about California Architecture:
The Guide to architecture in San
Francisco and Northern California by
David Gebhard, Robert Winter and
Eric Sandweiss.
Guide to the Architecture of Los
Angeles and Southern California by
David Gebhard and Robert Winter.
The list of architectural styles has been
revised to include only those styles
Massed Columns on Porch Support
Porch Supports and Railings
Dormer Examples
Door Examples
Window Proportions
Window Examples
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(Rev. 11.05.202401.20.2026) Page 7.01-16 Ontario Development Code either present in Ontario, or those styles, which could be used for infill development. In addition, the descriptive drawings are taken from the following books:
A Field Guide to American Houses by Virginia & Lee McAlester; an American Shelter by Lester Walker.
3. Wood Siding and Architectural Details.
a. Preservation. All original wood siding and architectural details should be identified, retained, and preserved. All wall coverings that hide original wood siding and architectural details should be removed.
b. Protection. All causes of wood siding and architectural detail deterioration should be identified, evaluated and treated. Causes may include faulty flashing, leaking gutters, breaks and cracks, open joints, deteriorated caulking and sealants, insect or fungus infesta tion, and deteriorated coating such as paint or stain.
c. Cleaning. All deteriorated paint or stain should be removed by the gentlest method possible such as hand scraping, hand sanding, hot air heat guns, and chemical strippers.
Paint shall not be removed by the propane butane torches, sandblasting, or water blasting. All wood surfaces that have had paint or stain removed shall be given new coatings to protect the wood.
d. Repairs. All deteriorated wood elements that cannot be repaired shall be removed. All removed wood elements shall be replaced with new wood details that match the size, shape and profile of the original element.
4. Concrete Walls.
a. Preservation. All original exterior concrete walls should be identified, retained and preserved. All original finish materials and coatings that have been applied should be identified.
b. Protection. All causes of concrete deterioration should be identified, evaluated and treated. Causes may include exposed steel reinforcing members or metal ties that are rusting, cracked broken concrete, flat surfaces that permit water to penetrate concrete, faulty flashing, and leaking gutters.
c. Cleaning. All concrete walls shall be cleaned with gentle methods that will not damage the plaster finish or concrete surface such as water and detergents applied with natural bristle brushes and low water pressure. After adequate testing, other cleaning methods, such as liquid chemical cleaners, that do not damage the concrete or cause ecological damage, high pressure water, and paint removal strippers may be permitted. Sandblasting is not permitted.
d. Repairs. All rusted steel reinforcing and metal ties shall be removed . All broken and loose concrete shall be removed . All concrete shall be patched using appropriate repair procedures all original finish materials shall be repaired.
e. Replace Missing Concrete Details. All missing or broken concrete details shall be replaced with new details that match the size, shape, color, and texture of the original detail.
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Division 7.01—Historic Preservation
Ontario Development Code Page 7.01-17 (Rev. 11.05.202401.20.2026)
5. Masonry Walls.
a. Preservation. All original exterior masonry walls should be identified, retained, and preserved. All finish materials and coatings that have been applied should be identified.
b. Protection. All causes of concrete deterioration should be identified, evaluated, and treated. Causes may include deteriorated roofs, insufficient drainage, deferred pointing, application of coatings and finish materials, faulty flashing, and leaking gutters.
c. Cleaning. All concrete walls shall be cleaned with gentle methods such water and detergents applied with natural bristle brushes and low water pressure as not to cause damage to the masonry or mortar. After adequate testing, cleaning methods such as liquid chemical cleaners that do not damage the masonry or mortar or cause ecological damage, high pressure water, and paint removal strippers may be permitted. Cleaning methods such as sandblasting, acid wash on limestone and marble, and metal bristle brushes are not pe rmitted.
Prior to initiating the work, all cleaning procedures should be tested to ensure that the masonry will not be damaged.
d. Pointing Repair. Deteriorated pointing will be repaired when it is identified.
Deteriorated mortar will be removed using hand tools. Power tools shall not be used to remove deteriorated pointing. The new mortar should match the strength of the original. The new mortar should match the color, texture and style of the original mortar. The new pointing shall match the width and profile of the original.
e. Repairing the Masonry. Masonry units shall be replaced with new masonry units that match the size, texture and color of the original material. Broken masonry units should be patch rather than replaced.
f. Replacing Masonry. All missing or broken masonry units that cannot be repaired shall be replace with masonry units that match the size, shape, color and texture of the original detail.
6. Architectural Metals.
a. Preservation. All original metal architectural features should be identified, retained and preserved. Metal architectural features which are important in defining the historic character of the building shall not be removed.
b. Protection. All causes of metal corrosion should be identified, evaluated and treated. Causes may include exposing bare metal to water and moisture, deterioration of protective coatings, and galvanic action between two incompatible metals.
c. Cleaning Non Ferrous Materials and Alloys. The type of metal material shall be identified in order to determine the type of cleaning to be used. Non -ferrous metals (lead, tin, copper, zinc) whose natural patina should be preserved shall be identified. Non -ferrous materials with a natural patina shall have cleaned using gentle methods used in order to clean the surface without damaging the patina or coating. Alloys that may require protective coatings shall be identified. A gentle cleaning method that will not abrade the protective coating shall be used.
d. Cleaning Ferrous Metals. The type of ferrous material (cast iron, wrought iron, steel) shall be identified. The type of coating and condition of metal shall be determined. 1111
Division 7.01—Historic Preservation
(Rev. 11.05.202401.20.2026) Page 7.01-18 Ontario Development Code Hand scraping shall be used to remove corrosion and deteriorated paint. Low pressure grit blasting may be used to remove corrosion and coatings when hand scraping is ineffective . Cleaned ferrous metals should be painted immediately with a corrosive resistant coating.
e. Repair. Metal features that are broken or dented shall be repaired. Metal features that are broken or dented shall not be replaced.
f. Replacement. Metal features that are too deteriorated to be repaired should be replaced. The original metal feature shall be used as a model for the new feature.
Missing features shall not be replaced with details that do not convey the same visual appearance.
7. Exterior Plaster (Stucco).
a. Preservation. All original exterior plaster features should be identified, retained and preserved. Original exterior plaster features that are important in defining the overall historic character of the building shall not be removed.
b. Protection. All causes of plaster deterioration should be identified, evaluated and treated. Causes may include leaking roofs, faulty flashing, leaking gutters, broken concrete substrate, deteriorated or rusted metal lath, and deteriorated wood members.
c. Cleaning. All plaster shall be cleaned with gentle methods that will not damage the plaster. Use water and detergent with a soft natural bristle brush. Cleaning methods such as sandblasting or high pressure water are not permitted.
d. Repairs. All types of deterioration shall be identified such as spalling, broken, or cracked plaster and missing plaster details. All deteriorated substrate material shall be removed. All plaster shall be patched using industry approved repair procedures and mater ials.
Where a large area of plaster needs to be replaced, the adjacent panel should be completely replaced in order to avoid a patched appearance.
8. Roofs.
a. Preservation. All original character defining features of the roof should be identified, retained and preserved. Features include shape, slope, roofing materials, and decorative details. The original defining features that have been removed or altered should be identified. The character defining features of the roof shall not be altered. Sound character defining features of the roof shall not be removed.
b. Protection. All causes of roof deterioration should be identified, evaluated and treated. Causes may include blocked drains and gutters, moisture condensation, faulty flashing, overhanging tree limbs, insect and fungus infestation, deteriorated roofing material, faulty application of roof fasteners, and deteriorated fasteners.
c. Repairs. All features shall be repaired with similar materials.
d. Replacement. All features that are not repairable shall be replaced. The deteriorated elements of the roof should be replaced with new material that preserves the overall shape and slope of the roof. Materials that do not convey the visual appearance of the original roof shall not be used.
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Division 7.01—Historic Preservation
Ontario Development Code Page 7.01-19 (Rev. 11.05.202401.20.2026) e. Additions to Buildings. Roofs over additions should retain the character defining features of the original roof.
f. Additions to Original Roofs. Mechanical or solar collection should be installed do that they are not visible from the public right of way. Unless an original decorative feature on a house, downspouts should be located in an inconspicuous place, such as the corner, side or back of a building.
9. Doors.
a. Preservation. All original character defining features of doors should be identified, retained and preserved. Features include frames, jambs, door, transoms, sills, trim, screen door, and fan lights and sidelights. Doors that are important in defining the overall historic character of the building shall not be removed or radically changed. The pattern of the door shall not be changed. The historic appearance of doors through the use of inappropriate design, materials, finishes or color shall not be changed. Original fittings on doors shall not be stripped.
b. Protection. All causes of deterioration should be identified, evaluated and treated. Causes may include weathering due to paint deterioration, rusting due to paint deterioration, and sealant and caulking deterioration.
c. Repairs. Original broken door detail should be repaired. When repair of material or missing parts is appropriate, the entire door shall not be replaced.
d. Replacement. When a door can no longer be repaired, or is missing, replace it with a new door that matches the original. Character defining doors should not be replaced with new doors that do not convey the same visual appearance of the original.
e. Doors in Additions to the Original Buildings. New doors in additions to the original buildings should be compatible with the overall design of the original building, but not duplicate the pattern of the original door.
10. Windows.
a. Preservation. All original character defining features of windows should be identified, retained and preserved. Features include frames, heads, sills, trim, jambs, muntins, shutters, awnings, sash, glazing, blinds, and screens. Windows that are important in defining th e overall historic character of the building shall not be removed or radically changed. The number, location, size or glazing pattern of windows shall not be changed. The historic appearance of windows through the use of inappropriate design, materials, finishes or color shall not be changed.
Window trim should not be obscured with other materials. Original fittings on windows shall not be stripped.
b. Protection. All causes of deterioration should be identified, evaluated, and treated. Causes may include water penetration, weathering due to paint deterioration, rusting due to paint deterioration, and sealant and caulking deterioration.
c. Repairs. Original broken window features should be repaired. When repair of material or missing parts is appropriate, entire windows shall not be replaced.
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(Rev. 11.05.202401.20.2026) Page 7.01-20 Ontario Development Code d. Replacement. When a window can no longer be repaired, or is missing, replace it with a new window that matches the original. Character defining windows should not be replaced with new windows that do not convey the same visual appearance of the original.
e. Windows in Additions to the Original Buildings. New windows in additions to the original buildings should be compatible with the overall design of the original building, but not duplicate the fenestration pattern and detailing of the original window.
11. Entrances and Porches.
a. Preservation. All original entrance or porch, including doors, entablatures, columns, balustrades, and stairs should be identified, retained and preserved. If replacement is necessary, the proportion and composition of original design should be retained, preferably by using traditional moldings and balusters. An entrance or porch shall not be removed in order to reorient the building for a new use. Columns and railings for porches, stoops and front steps should be substantial looking and not be replaced with pipes, wrought iron or " ranch-style" members.
Brick stairs are rarely appropriate; wood stairs are most appropriate to Late Victorian and Classical Revival houses. New entrances shall not be cut into the primary façade. Utilitarian or service entrances shall not be altered so they appear to be the formal entrance.
b. Protection. All causes of deterioration should be identified, evaluated, and treated. Causes may include water penetration, weathering due to paint deterioration, rusting due to paint deterioration, and sealant and caulking deterioration.
c. Repairs. The historic materials used in the character defining features should be repaired. Original materials should be used for repairs or substitute materials that are compatible. Substitute materials or features that do not convey the visual appearance of the original features shall not be used.
d. Replacement. When an entrance or porch can no longer be repaired, or is missing, replace it with a new entrance or porch that conveys the same visual appearance .
e. A New Entrance or Porch on Additions to the Original Building. A new entrance or porch should be designed to be compatible to the original buildings.
12. Storefronts.
a. Preservation. All original storefront should be identified, retained, and preserved. Store front features include bulkhead, window frames, door transom, recessed ceiling, lighting, wall material, display window, entry door, awnings, recessed paving, and parapets. The original features of the storefront shall not be removed. The location of the storefront main entrance shall not be changed. The original configuration of the storefront shall not be altered.
Inappropriate materials shall not be added over original ones.
b. Protection. All causes of deterioration on the storefront should be identified, evaluated, and treated. Causes may include, water penetration, weathering due to paint deterioration, rusting due to paint deterioration, and sealant and caulking deterioration. Historic materials shall not be stripped from the storefront.
c. Repairs. The historic materials used in the character defining features of the storefront should be repaired. Original Materials or substitute materials that are compatible should 1114
Division 7.01—Historic Preservation
Ontario Development Code Page 7.01-21 (Rev. 11.05.202401.20.2026) be used for repair. Materials or features that do not convey the visual appearance of the original features should not be substituted.
d. Replacement. If there is insufficient information about the original appearance of the storefront, it should be rebuilt using a new design whose size, scale, style, detail, and color are compatible with the original appearance. When a storefront can no longer be repaired, or is missing, replace it with a reconstructed storefront based on the available historical, pictorial and physical documentation available. A new design that is incompatible in size, scale, material, style and color with the original appearance is not allowed.
13. Significant Interior Space Features and Finishes.
a. Preservation of Interior Spaces. A floor plan or significant interior spaces that are important in defining the overall historic character of the building should be identified, retained, and preserved. Elements to be considered of the interior space are size, proportions, configuration, relationship of rooms, individual room or space, and relationship of features to spaces or rooms. The floor plan or significant interior spaces that are important in defining the overall historic character of the building shall not be radically changed. Interior space should not be altered or destroyed by inserting floors, cutting through floors, lowering ceilings, or adding or removing walls. A feature should not be relocated so that a historic relationship between the feature and the space is altered.
b. Preservation of Interior Features and Finishes. Interior features and finishes that are important in defining the overall historic character of the building should be identified, retained and preserved and shall not be removed or radically changed. New features or finishes that obscure the character defining features of the building should not be applied.
c. Protection. All causes of deterioration should be identified, evaluated, and treated. Causes include surface dirt, moisture penetration from the exterior, insect and fungus infestation, excessive moist or dry air, vandalism, improper cleaning procedures, and excessive use. The original features and finishes should be protected from inappropriate changes: removal of original features, replacement of original features, repainting of original finishes, and introduction of new mechanical, plumbing and electrical systems that cause damage when they are installed.
d. Repairs. Deteriorated features or finishes should be repaired using the same or compatible materials. Do not make repairs with incompatible materials.
e. Replacement. Un-repairable features or finishes should be replaced with new features or finishes that match the original. Features or finishes should not be replaced with new features or finishes that do not convey the same visual appearance of the original.
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Chapter 8.0:
Sign Regulations
Division 8.01—Sign Regulations
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Ontario Development Code Page 8.01-1 (Rev. 12.03.202401.20.2026) Division 8.01—Sign Regulations
Sections:
8.01.000: Purpose
8.01.005: Applicability
8.01.010: Exempt Signs
8.01.015: Prohibited Signs
8.01.020: Sign Standards
8.01.025: Design Guidelines
8.01.000: Purpose
A. The regulations set forth by this Division contain the primary tools for implementing the sign policies, standards, and regulations of the City pursuant to the provisions of the State Outdoor Advertising Act (BPC Section 5200 et seq.), and other applicable state and local requirements, and prescribe standards for the type, placement, size, number, height, and illumination of signs in order to achieve the following purposes:
1. Maintain the attractiveness and orderliness of the City 's appearance by avoiding sign clutter;
2. Protect agricultural, residential, commercial, industrial, civic, open space and utilities, from the loss of visual prominence resulting from excessive signing on nearby sites;
3. Protect public and private investment in buildings and open spaces;
4. Protect residentially zoned areas lying adjacent to commercial and industrial areas from the negative effects of excessive signs;
5. Enable users of goods and services to identify establishments offering services to meet their needs;
6. Encourage sound signing practices as an aid to business and inform the public, but to prevent excessive and confusing sign displays;
7. Regulate the number, size, height, and location of signs according to standards consistent with the types of establishments in each zoning district;
8. Promote traffic safety through appropriate and reasonable controls on signs;
9. Promote the public health, safety, and welfare by regulating and controlling all matters relating to signs; and
10. Protect the health, safety, and welfare of City residents from hazards resulting from improper, excessive, distracting and otherwise unsafe signage.
B. It is the determination of the City Council that a sign is intended to serve primarily to identify the general nature of an establishment, or to direct attention to a product, activity, place, person, organization or enterprise. The City Council further determines that as identification devices, signs should not subject the citizenry to excessive competition for their visual attention, and as 1119
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(Rev. 12.03.202401.20.2026) Page 8.01-2 Ontario Development Code appropriate identification devices, signs should harmonize with the building or activity they serve, the neighborhood in which they are located, and other signs within the surrounding area and in the same zoning district.
C. The installation of signs that improve the appearance of a building and neighborhood is encouraged. As such, The City Council hereby promotes the use of artistry and innovation in the design of signs is decidedly encouraged.
8.01.005: Applicability
A. No sign , including copy change or a temporary sign, shall be approved and a permit therefore issued, except in conformance with the requirements of Table 2.02 -1 (Review Matrix) and Section 4.03.020 (Sign Plans) of this Development Code, and the requirements of this Division.
B. No sign shall be erected, constructed, attached, affixed, or maintained on any property, except in conformity with the provisions of this Division, and expressly exempted by the provisions of Section 8.01.010 (Exempt Signs) of this Division.
C. It shall be illegal to use, occupy, or maintain property in violation of this Division. Any violation or failure to comply with the provisions of this Division shall render a person guilty of such violation, punishable in accordance with OMC Title 1, Chapter 2 (Penalty Provisions).
8.01.010: Exempt Signs
No sign, including copy change or a temporary sign, shall be placed, installed, constructed, displayed, or altered without a Sign Plan approved by the City pursuant to Section 4.03.020 (Sign Plans) of this Development Code, excepting the following:
A. Official Notices. Any sign, posting, notice or other indication used exclusively to display official notices, notices of any court or public office, or posted by a public officer in the performance of a public duty, or required by a public entity in carrying out its responsibility to protect the public health, safety or welfare, or otherwise required by law.
B. Street and Traffic Control Signs. Street name and traffic control signs, directional signs, informational signs of a public or semi-public nature, historical markers placed by a governmental or non -profit organization, and railroad crossing, danger, or other emergency warning signs, provided that no individual sign exceeds 4 SF in area.
C. Directional Signs. Signs guiding and directing traffic in parking lots and facilities, provided that no individual signs exceed 4 SF in area and 4 FT in height.
D. Public Convenience Signs. Signs showing the location of public restrooms, telephones, other public conveniences, and underground utilities, provided no individual sign exceeds 2 SF in area.
E. Business Hours, Emergency Phone Numbers, Honoring Credit Cards, and Association Membership Signs. Signs indicating business hours, emergency phone numbers, honoring credit cards, association memberships and similar types of sign, provided no individual sign exceeds one SF in area and the total area of all such signs does not exceed 4 SF.
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Ontario Development Code Page 8.01-3 (Rev. 12.03.202401.20.2026) F. Interior Signs. Signs located entirely within a building, structure or complex of buildings, which are not visible from a public street or from other adjacent properties.
G. Menu Boards for Drive -In, Drive -Through, and Walk -Up Restaurants. Menu boards not exceeding 36 SF in area and 6 FT in height for drive-in, drive-through, and walk-up restaurants, not to exceed 2 menu boards per restaurant.
H. Building Plaques. The names of buildings and dates of erection and dedicatory, memorial or historical plaques not exceeding 4 SF in area, which are constructed of bronze or other nonflammable material.
I. Political Signs. Political campaign signs installed pursuant to Subsection 8.01.025.J (Political Signs) of this Division.
J. Posters and Bulletin Boards. Temporary posters on private property, not exceeding 4 SF in area, which are located in windows or on bulletin boards, advertising benefit activities and events sponsored by local nonprofit organizations.
K. Holiday Lights and Displays. Holiday lights and displays that do not advertise any business establishment, product, or other commercial activity, limited to 30 days within any 60-day period.
L. Real Estate and Construction Signs. Temporary real estate and construction signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
M. Home Occupation Signs. Signs attached to the exterior wall of a dwelling, at or near the building entrance, which identify a legally established home occupation conducted therein, not to exceed one sign per dwelling, maximum 18 inches square in size, and mounted at eye level, no higher than 6 FT above finished floor of the dwelling, measured at the top edge of the sign.
8.01.015: Prohibited Signs
The following signs and circumstances are expressly prohibited within the City, except as otherwise provided by this Division:
A. Any sign not specifically allowed by this Division; however, nothing in this Division shall be construed to prohibit any sign, notice, or advertisement required by Federal, State, or local laws.
B. Billboards, including vehicle -mounted billboards (roving or stationary), excepting [i] billboards established pursuant to a Billboard Relocation Agreement, implemented pursuant to Section 4.02.010 (Billboard Relocation Agreements) ; and [ii] billboards located within the ONT zoning district, established pursuant to the requirements of Table 8.01 -1 (Sign Regulations Matrix) of this Development Code.
C. Rotating, revolving, or otherwise moving signs designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign, including rotation, special lighting or wind actuated devices, and signs that flash, blink or reflect light by means of a glossy, polished, or mirrored surface, excepting barber poles, time and temperature signs, and electronic message displays allowed pursuant to Paragraph C.3 (Electronic Message Displays) of this Section.
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(Rev. 12.03.202401.20.2026) Page 8.01-4 Ontario Development Code D. Searchlights, open flames, or loudspeakers used to call attention to a product, service or property.
E. Signs that float in the air, such as signs affixed to, or printed on, hot air balloons, helium balloons, or kites, inflated signs, and any other type of aerial sign, except as temporary signs or displays allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
F. Banner signs, except as temporary promotional or special event signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
G. Signs that emit or amplify any sounds or noise.
H. Signs illuminated by lighting that changes in color or intensity of color, excepting electronic message displays allowed pursuant to Paragraph C.3 (Electronic Message Displays) of this Section.
I. Signs that generate particulate matter, including but not limited to, bubbles, smoke, fog, confetti or ashes.
J. Swooper signs, except as temporary promotional or special event sign s allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
K. Signs placed on, affixed to, or erected on or over public rights -of-way, excepting street banners allowed pursuant to Subsection 8.01.025.G (Street Banner Program and Street Banners) of this Division.
L. Signs that identify or advertise a product or service not available on the premises, excepting offsite real estate signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
M. Signs erected on roofs, or that project above the eave, parapet line or roofline, or above a canopy of a building.
N. Internally illuminated signs with a directly exposed source of light.
O. Lit borders consisting of neon or LED fixtures, which are affixed around the interior or exterior perimeter of windows, excepting holiday and/or seasonal lights and displays allowed pursuant to Subsection 8.01.010.K of this Division.
P. Externally illuminated signs where the source of light is directly visible to pedestrians or vehicular traffic.
Q. Signs that emit or reflect light by means of direct fluorescence, phosphorescence, or "day- glow" colors.
R. Signs that obstruct the visual lines of sight at corners or intersections for drivers of motor vehicles.
S. Signs that may obstruct the free use of any exit, entrance, window, vent, emergency access, fire lane, fire hydrant, or standpipe.
T. Signs that may interfere with, obstruct, confuse, or mislead pedestrian or vehicular traffic.
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Ontario Development Code Page 8.01-5 (Rev. 12.03.202401.20.2026) U. Any sign illumination that, in the opinion of the Zoning Administrator, exhibits undue glare.
V. Signs affixed to trucks, automobiles, trailers or any other vehicle that advertise, identify, or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise, or rendering of services from such vehicles.
W. Parking of legitimate delivery, sales, or service vehicles in an off -site location, or on -site, within a parking lot adjacent to a public street for the purpose of advertising.
X. Any sandwich board, "A" frame sign, or other portable sign, except as temporary signs or displays allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
Y. Signs affixed to, or painted on, a rock, tree, or any other natural feature.
Z. Changeable copy signs, excepting electronic message displays allowed pursuant to Paragraph 8.01.020.C.3 (Electronic Message Displays) of this Division, and those changeable copy signs specifically allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
AA. Any sign having a dimension in excess of 1.5 FT in height and 1.5 FT in width, which identifies a home occupation.
BB. Any sign consisting of several sheets of paper connected together by perforations, tape, staples or any other means.
CC. Signage painted on the exterior walls or fascia of a building or structure.
DD. Supergraphics.
EE. Human signs, including human billboards, human directionals, and sign walkers , wavers and twirlers (holding or wearing a sign, or the act of spinning or dancing while holding or wearing a sign, or wearing a costume, in order to attract attention).
8.01.020: Sign Standards
A. General Regulations.
1. No sign shall be placed on private property, including vacant property, without written authorization from the owner or the occupant, and approval of plans by the City, pursuant to the provisions of Section 4.03.020 (Sign Plans) of this Development Code.
2. No sign shall be placed on public property or within the public right-of-way without written City approval. Signs placed on public property or in the public right-of-way without specific approval, shall be deemed illegal and shall be abated pursuant to the provisions of Section
3.02.015 (Illegal Signs) of this Development Code.
3. Creative and imaginative signage is strongly encouraged and is the standard by which Sign Plan applications will be judged, together with the specific architectural style of adjacent buildings.
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4. There are many acceptable sign treatments that may be used; however, a mixed media, three -dimensional approach, which incorporates a combination of fabrication and lighting techniques, is preferred.
5. Consider [i] the overall concept of the project a proposed sign will serve, [ii] the scale of the proposed sign, and [iii] the critical viewing angles and sight lines when designing appropriate graphics and signs for site and storefront installations.
6. A sign shall be located on the same site as the use, activity, or structure it identifies, except as otherwise expressly permitted by this Division.
7. No sign shall resemble a traffic safety or control device or, by intensity of illumination, location or design, impair the vision of, or create a hazard for, motorists on a public street or highway.
8. Lateral and columnar sign supports are to be designed to be architecturally integrated with the building to which it is attached, or so that required bracing, including but not limited to, angle irons, guy wires, cables or other appurtenances, shall not be exposed to public view.
9. All signs shall be constructed to conceal conduits and raceways, exposed wiring, and electrical appurtenances.
B. Sign Regulations.
1. Sign Regulation Matrix. Table 8.01-1 (Sign Regulation Matrix) of this Division, identifies the sign classification, type, number, location, area, height, length, allowed within each zoning district of the City, along with any applicable special regulations. The standards contained in the Sign Regulation Matrix are maximums, unless otherwise stated. The maximum standard established by Table 8.01- 1 (Sign Regulation Matrix) may be reduced by the Approving Authority in cases when the Approving Authority can clearly establish by written decision that that implementation of the maximum standard would:
a. Adversely affect the public health, safety or welfare; or
b. Result in a sign design and/or placement inconsistent with the requirements of this Section; or
c. Be contrary to the aesthetic sensibilities of the neighborhood in which the sign is proposed.
2. Downtown Ontario Design Guidelines. The Downtown Ontario Design Guidelines, included as Reference "C" of this Development Code, establishes a set of architectural, graphic, and lighting design principles for the rehabilitation of properties within the City 's historic original downtown area (project area). Signs proposed within the project area shall be subject to the sign requirements contained within the Downtown Ontario Design Guidelines. The affected area is bordered by I Street on the north, Vine Street on the west, Sultana Avenue on the east, and railroad tracks on the south, and is defined in Figure 1.4 (Land Use Districts) of the Downtown Ontario Design Guidelines. The design guidelines also apply to those properties located across the street from, and directly abut, the project area.
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Ontario Development Code Page 8.01-7 (Rev. 08.19.2025)
Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations A. ALL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Construction Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT No restriction. [1] Signs shall be nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit,
or final Building Department
inspection.
b. Off-Site Residential
Subdivision Signs
Number and location subject
to Planning Director
approval; however, a sign
shall not be located more
than 600 FT from any other
Off-Site Residential
Subdivision Sign location.
35 SF Sign: 7 FT (overall)
Business Panel Signs : 10
inches (each)
Panel: 5 FT (each) [1] The design, construction
materials, and color scheme
of Off- Site Residential
Subdivision Signs shall be
pursuant to an Off -Site
Residential Subdivision Sign
Program approved by the
Planning Director. No more
than 6 sign panels shall be
affixed to any one structure.
[2] Each sign panel may only
contain the name of the
residential subdivision and a
directional arrow.
[3] The placement of Off-Site
Residential Subdivision Signs
within the public right-of-way
shall be subject to approval
of an encroachment permit
by the City Engineer.
[4] No flags, balloons,
pennants, or other riders or
decorations are permitted.
The illumination of Off -Site
Subdivision Signs is not
permitted.
[5] Signs shall not advertise
residential subdivisions
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Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations located outside of the city
limits.
[6] Individual directional
panels shall be allowed to
remain until such time that
the respective subdivision is
sold-out.
[7] It shall be unlawful for any
person to place or erect an
Off-Site Residential
Subdivision Sign, except in
conformity with the herein
stated provisions
[8] The City Council may by
resolution, authorize the
administration of an Off -Site
Residential Subdivision Sign
Program by one or more
organizations of its choosing.
c. Off-Site Business
Signs
Number and location subject
to Planning Commission
approval.
35 SF Sign: 7 FT (overall)
Business Panel Signs : 10
inches (each)
Business Panel Signs : 5 FT
(each)
[1] A maximum of 2 Off -Site
Business Signs may be
permitted for a business, or
group of businesses, when
the Planning Commission
can make each of the
following findings:
Five or more businesses
are affected by the same
special circumstances;
and
Special circumstances
exist which adversely
affect the businesses,
such as temporary
closure of a public street,
which provides main
access to the businesses.
[2] The design, construction
materials, and color scheme
of an Off -Site Business Sign
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Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations shall be subject to approval
by the Planning Commission.
[3] No more than 6 business
panel signs shall be affixed to
any one structure.
[4] The placement of Off-Site
Business Signs within the
public right- of-way shall be
subject to approval of an
encroachment permit by the
City Engineer.
[5] No flags, balloons,
pennants, or other riders or
decorations are permitted.
The illumination of Off -Site
Business Signs is not
permitted.
[6] It shall be unlawful for any
person to place or erect an
Off-Site Business Sign, except
in conformity with the herein
stated provisions.
[7] An Off -Site Business Sign
shall be removed within 30
days following the special
circumstances that allowed
the sign, ceases to exist.
[8] No otherwise eligible
business shall be allowed an
Off-Site Business Sign until all
illegal signs associated with
such businesses are
removed.
d. Political Signs Refer to Paragraph
8.01.020.K (Political Signs) of
this Division for political sign
regulations.
e. Street Banners Pursuant to Subsection
8.01.020.G (Street Banners
No restriction. No restriction. No restriction. Comply with the requirements of Subsection
1127
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(Rev. 08.19.2025) Page 8.01-10 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and Street Banner Programs)
of this Division.
8.01.020.G (Street Banners
and Street Banner Programs)
f. Large Public
Notification Signs
Refer to Division 2.03 (Public
Hearings), Paragraph
2.03.010.C.4 (Supplemental
Public Noticing Requirements
– Posting) for large public
notification sign regulations.
2. Permanent Signs
a. Address Signs One wall sign and rooftop
sign per building or divided
tenant space.
Street addresses shall be
posted pursuant to
Subsections 6.06.020.B
(Posting of Street Address
Numbers) and D (Posting of
Rooftop Address Numbers) of
this Development Code.
b. Directional Signs Pole, monument, or wall sign. 4 SF per sign face. Pole or monument signs shall not exceed 4 FT in height.
Signs shall be for the purpose
of serving the public safety or
convenience (e.g., signs
such as "parking," "entrance,"
"exit" and the like). The sign
may include the name/logo
of the business it serves.
c. Directory Signs Monument or wall sign. The
number and location shall be
at the discretion of the
Planning Director.
6 SF per sign face. 6 FT Directory signs should include a plot plan showing all
private drives and roads,
building locations with unit
numbers and addresses, and
fire hydrant locations. The
directory should also include
a reference point on the plot
plan indicating the location
of the directory and a north
arrow.
d. Government Flags
and Emblems
No restrictions. No restriction. No restriction. No restriction. Includes flags or emblems of the United States of America,
the State of California, the
County of San Bernardino
and the City of Ontario.
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Ontario Development Code Page 8.01-11 (Rev. 08.19.2025) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations e. Wall Murals Murals shall be original, non -
commercial works of art;
uniquely designed for the
specific location it is
proposed. Ideally, murals
should depict the historic
character of the community
or reflect Ontario 's
environmental setting.
There is no maximum allowed
sign area; however, murals
must complement the scale
and architectural features of
the building on which they
are located.
No restriction. No restriction. [1] Murals are intended to enhance the quality of the
area in which it is located,
and the community as a
whole. They should not serve
to direct attention to a
specific business, product, or
service.
[2] Wall murals may be
approved by the Planning
Commission, upon
consideration of the
following:
Compatibility of the
design with the
immediate environment
of the site;
Appropriateness of the
design and size to the
function of the site;
Compatibility of the
design and location
within a unified theme;
and
Appropriateness of the
design as a public work of
art. The design may
portray, but not be limited
to, a cultural, historical, or
scenic subject.
B. RESIDENTIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs
(signs identifying properties
and dwellings for resale)
One freestanding sign per
lot, which identifies a
property as "For Sale, " " For
Lease" or "For Rent."
8 SF per sign face.
4 SF per sign face.
5 FT
3 FT
[1] Only nonilluminated signs
shall be allowed.
[2] A sign identifying a
property for sale/lease/rent
shall be removed within 5
1129
Division 8.01—Sign Regulations
(Rev. 08.19.2025) Page 8.01-12 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations One on-site freestanding sign
per event, which identifies an
"Open House."
Four off -site freestanding
directional signs, which
identifies the location of an
"Open House" event.
4 SF per sign face.
3 FT
days following the close of
escrow.
[3] Open House" signs shall be
allowed as follows:
Signs may be placed
between the hours of
8:00 AM and 8:00 PM, on
Friday, Saturday, Sunday,
and legal holidays;
Off-site directional signs
shall be located no
farther than 0.5-mile from
the Open House
location;
Signs shall not be placed
on the public sidewalk;
and
No flags, balloons,
pennants, or other sign
riders or decorations shall
be used.
b. Subdivision Sales
Offices and Model Home
Gran Openings < 5 acres
One freestanding or wall sign
per subdivision.
32 SF per sign face. 12 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 30 days following the
sale of the last unit in the
complex.
[3] No flags, balloons, or
pennants shall be used.
c. Subdivision Sales
Offices and Model Home
Grand Openings > 5 acres
One freestanding or wall
signs per street frontage of a
subdivision, not to exceed a
total of 3 signs.
32 FT per sign face. 12 FT
2. Permanent Signs
a. Single-Family Signs
Subdivision Signs One monument sign or wall
sign per subdivision, located
at the subdivision entry or at
major intersecting boundary
streets.
12 SF per sign face. 4 FT (freestanding) [1] Only nonilluminated signs shall be allowed.
[2] The Planning Director may
implement measures to
ensure sign maintenance,
such as the establishment of
a homeowners association
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-13 (Rev. 08.19.2025) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and the recordation of
appropriate CC&Rs with the
San Bernardino County
Recorder's office, or other
suitable measures.
Home
Occupation Signs
One wall sign per dwelling,
located at or near the
building entrance.
2.25 SF 1.5 FT 1.5 FT Home occupation signs shall
be mounted at eye level, no
higher than 6 FT above
finished floor of the dwelling,
measured at the top edge of
the sign.
b. Multiple-Family
Signs
Complex Signs One monument sign or wall
sign per street frontage.
24 SF per sign face. 6 FT (freestanding) [1] Signs shall be nonilluminated.
[2] Wall signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
[3] Monument signs shall
comply with Paragraph
8.01.020.C.1 of this Division.
Site Directory
Signs
One monument or wall site
directory sign per vehicle
entry.
12 SF per sign face. 6 FT (freestanding)
c. Institutional User
Signs (e.g., day care
facilities, religious assembly,
schools, etc.)
Wall Signs: One sign per street
frontage, not to exceed 2
signs per building.
Monument Signs: One sign
per street frontage.
Wall Signs: 24 SF per building
elevation.
Monument Signs: 24 SF per
sign face.
Wall Signs : 2 FT maximum
alphanumeric character
height.
Monument Signs: 6 FT
Wall Signs : Not to exceed
80% of the elevation width
upon which the sign is
located.
Wall Signs: Signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
Monument Signs: Signs shall
comply with Paragraph
8.01.020.C.1 of this Division.
C. COMMERCIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT [1] Signs shall be
nonilluminated.
1131
Division 8.01—Sign Regulations
(Rev. 08.19.2025) Page 8.01-14 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area, excepting within the
area covered by the
Downtown Ontario Design
Guidelines ( see Reference
"C" of this Development
Code for applicable
standards).
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
< 8.000 SF of
tenant GFA
One wall-mounted banner
per tenant.
50 SF per sign face. 3 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening .
A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year. Periods
may be used consecutively.
[3] Holiday Retail Sales .
Holiday Retail Sales
> 8,000 SF of
tenant GFA
One wall-mounted banner
per tenant.
75 SF per sign face. 5 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
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Ontario Development Code Page 8.01-15 (Rev. 08.19.2025) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph
5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
[5] Amusement and/or
Sporting Events. Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[7] Charitable and Fund
Raising Events . Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
1133
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(Rev. 08.19.2025) Page 8.01-16 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations be allowed temporary
signage during the specified
"holiday periods, " and the
specified "additional events"
for which a Temporary Use
Permit has been issued.
2. Permanent Signs
a. Wall Signs
Retail: Businesses
Occupying > 100,000 SF
One primary wall sign per
building elevation, not to
exceed 3 signs , plus 2
descriptor signs.
200 SF per building elevation. Primary Signs : 6 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
Retail: Businesses
Occupying 50,000 SF to
99,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs , plus 2
descriptor signs.
175 SF per building elevation. Primary Signs : 5 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying 20,000 SF to
49,999 SF
One primary wall sign per
building e levation, not to
exceed 3 signs, plus 2
descriptor signs.
150 SF per building elevation. Primary Signs : 4 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs : 1.5 FT for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying 8,000 SF to
19,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs, plus 2
descriptor signs.
100 SF per building elevation. Primary Signs : 3 FT for alphanumeric characters
and graphic logos/icons.
Descriptor Signs: 12 inches for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying < 8,000 SF
One wall sign per building
elevation, not to exceed 3
signs.
50 SF per building elevation. Alphanumeric Characters: 2 FT.
Logos/Icons: 4 FT.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-17 (Rev. 08.19.2025) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations Office: Multiple-
Story Building Identification
One wall sign per building
elevation, not to exceed 2
signs.
100 SF per building elevation. 3 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Signage shall be limited to
identification of the building,
and not individual tenants.
Office: Multiple
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs.
50 SF per building elevation. 2 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] A maximum of 2 tenant
identification signs shall be
permitted regardless of the
number of tenants
contained within the
building.
Office: Single
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs. Alternately, for multiple
tenant buildings, one
nameplate may be provided
for each tenant (2
nameplates may be
provided for end/corner-unit
tenants).
Wall Signs: 50 SF.
Nameplates: 15 SF.
Wall Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Nameplates: 1.5 FT for
nameplates and 12 -inches
for alphanumeric characters
and graphic logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Nameplates shall not be
illuminated.
b. Monument Signs
Commercial
Center Identification Signs
One monument sign for
each 500 FT (lineal) of street
frontage, with a minimum
300 FT spacing between
signs.
50 SF per sign face. 7 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
Building
Identification Signs (not a
part of a center or complex)
One monument sign per
street frontage.
36 SF per sign face. 6 FT
c. Directional Signs
(On-Site)
Freestanding directional
signs (on -site only) shall be
permitted as determined
appropriate by the Planning
Director.
4 SF per sign face 4 FT The design of directional
signs shall be consistent with
the architectural design of
the buildings they serve.
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(Rev. 08.19.2025) Page 8.01-18 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations d. Freeway Signs [1] One sign per parcel
having a minimum of 600 FT
of freeway frontage and is
developed as a single entity.
[2] Two signs per parcel
having a minimum of 1,800 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
[3] Three signs per parcel
having a minimum of 3,000 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
150 SF per sign face. 35 FT maximum; however,
the height may be increased
to 45 FT if the site is at least 10
FT lower than the freeway
finish surface.
No sign face shall exceed 25
FT in any direction.
[1] Comply with Paragraph
8.01.020.C.2 (Freeway Signs)
of this Division.
[2] No advertising display
shall contain flashing,
intermittent, or moving lights,
other than that part
necessary to give public
service information,
including, but not limited to,
the time, date, temperature,
weather, or similar
information, or an Electronic
Message Display that
complies with Paragraph
8.01.020.C.3 (Electronic
Message Displays) of this
Division.
D. MIXED-USE ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection F (Standards for Specialty Signs) of this Table) All Signs Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table; and rely upon the sign standards for commercial land uses established by Subsection C (Commercial Zoning Districts) of this Table
E. INDUSTRIAL ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT. [1] Signs shall be
nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
1136
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Ontario Development Code Page 8.01-19 (Rev. 08.19.2025) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
One wall-mounted banner
per tenant.
One-half the area allowed
for permanent tenant
identification signage, not to
exceed 50 SF.
Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening .
A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year . Periods
may be used consecutively.
[3] Holiday Retail Sales .
Holiday Retail Sales
established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph
5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
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(Rev. 08.19.2025) Page 8.01-20 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [5] Amusement and/or
Sporting Events. Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[7] Charitable and Fund
Raising Events . Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
be allowed temporary
signage during the specified
"holiday periods, " and the
specified "additional events"
for which a Temporary Use
Permit has been issued.
2. Permanent Signs
a. Wall Signs
Businesses
Occupying > 250,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
250 SF per wall sign Wall Signs : 6 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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Ontario Development Code Page 8.01-21 (Rev. 08.19.2025) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations lot, not to exceed 2 signs per
tenant.
Businesses
Occupying 249,999 SF to
100,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
200 SF per wall sign Wall Signs : 5 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying 99,999 SF to
50,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
150 SF per wall sign Wall Signs : 4 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying 49,999 SF to
20,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
100 SF per wall sign Wall Signs : 3 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying < 20,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
50 SF per wall sign Wall Signs : 2 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
[b] Monument Signs
Industrial Park,
Center or Complex
Identification Sign
One sign per street frontage,
not to exceed 2 signs.
36 SF per sign face. 6 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
Single or Multiple-
Tenant Building Identification
Signs—Not a Part of a Park,
Center or Complex
One sign per street frontage,
not to exceed 2 signs.
36 SF per sign face. 6 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
F. SPECIAL USE ZONING DISTRICTS (excepting those "Specialty Signs" listed in Subsection F (Standards for Specialty Signs) of this Table) 1139
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations
1. Agriculture Residential Uses: Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
Retail Commercial and Office Uses: Rely upon the sign standards for retail commercial and office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
Industrial Uses: Rely upon the sign standards for single -family residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
2. Civic Rely upon the sign standards for office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
3. Mobile Home Park One monument sign per
street frontage.
24 SF per sign face. 6 FT [1] Non-illuminated or
indirect illumination only.
[2] Signs shall not be located
within a required setback
area.
4. Ontario International
Airport
a. Temporary Signs
Real Estate Signs One freestanding or wall
sign per parcel.
24 SF per sign face. 7 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit,
or final Building Department
inspection.
Window Signs
and Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building that are
located within 3 FT of a
storefront window and are
visible from the building
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Ontario Development Code Page 8.01-23 (Rev. 08.19.2025) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations exterior shall be deemed a
window sign.
On-Site Signs and
Banners
One wall-mounted sign or
banner per business.
50 SF per sign face.
b. Permanent Signs
Wall Signs As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Monument Sign As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Wayfinding and
Directional Signs
As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Billboards Three LED signs and three
static message signs.
LED Signs : 675 SF per sign
face.
Static Signs : 250 SF per sign
face.
Total Sign Area : The
combined area of all
billboard signs shall not
exceed 2,500 SF.
LED Signs: 35 FT
Static Signs: 35 FT
LED Signs: 48 FT
Static Signs: 11 FT
All billboard signs shall be
located in close proximity to
the terminals and/or rental
car area of the airport.
5. Open Space—
Cemetery
As determined appropriate by the Planning Director.
6. Open Space—
Recreation
As determined appropriate by the Planning Director.
7. Rail Corridor As determined appropriate by the Planning Director.
8. Utilities Corridor As determined appropriate by the Planning Director.
G. STANDARDS FOR SPECIALTY SIGNS (Note: The below-listed standards are for the placement of permanent signs. Refer to the general zoning district standards contained in this t able for the standards for temporary sign standards)
1. Fuel Sales (Service
Stations) Signs
a. Wall Signs One primary wall sign per
building elevation, not to
exceed 3 signs.
50 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Not to exceed 80% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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(Rev. 08.19.2025) Page 8.01-24 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations b. Fuel Island Canopy
Sign
One fuel island canopy sign
per elevation, not to exceed
2 signs.
16 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic logos/icons
may be installed in place of
alphanumeric characters.
4 FT graphic logos/icons in
place of alphanumeric
characters.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
c. Fuel Pump
Identification
One logo/icon identification
sign per fuel pump face, not
to exceed 2 signs per pump.
2.25 SF 1.5 FT graphic logo/icon
d. Monument Signs One monument fuel pricing
sign per street frontage.
[1] 25 SF per sign face.
[2] 50 SF per sign face, when
combined with business
identification signage.
7 FT Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
2. Drive-Thru Restaurant
Signs
a. Wall Signs One wall sign per building
elevation, not to exceed 3
signs.
25 SF per sign face. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
b. Menu Boards One pre -order board and
one order board per
business.
36 SF per sign face. 6 FT (freestanding)
c. Monument Signs One monument sign per
business.
50 SF per sign face. 6 FT Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-25 (Rev. 12.03.202401.20.2026) C. Freestanding Signs. The following requirements apply generally to the design and placement of freestanding signs, including monument signs and freeway signs, and the use of electronic message or text display:
1. Monument Signs. Any freestanding sign that identifies: [i] a residential subdivision; [ii] a multiple-family or mixed-use development project; [iii] an individual building on an individual lot containing one or more nonresidential uses; or [iv] a center or complex consisting of 2 or more buildings containing one or more nonresidential uses per building, shall be designed as a monument sign, which complies with the following:
a. Table 8.01-1 (Sign Regulation Matrix) of this Division establishes the number, location, area, height, and additional regulations applicable to monument signs.
b. The minimum letter height shall be 8 inches.
c. Monument signs for centers/complexes shall be limited to the display of the name of the center/complex and the identification of a maximum of 7 tenants within the center/complex.
d. Monument signs shall have a maximum of 2 sign faces.
e. Monument signs may be oriented toward arterial, collector and/or local streets, or private drives, and shall not be oriented toward freeways.
f. No monument sign shall be located within a public right -of-way and must be wholly located behind the right-of-way line (street property line) for its full height. Furthermore, such signs shall be located a minimum of 10 FT behind the adjacent curb face (public and private streets).
g. A monument sign shall be located a minimum of 30 FT from a monument sign on an adjacent lot, and a minimum of 5 FT from an interior property line or driveway that intersects a public street.
h. Monument signs shall contain an address (or range of addresses) identifying the property on which the sign is located. Address numbers shall be a minimum of 6 inches in height and shall be clearly visible from the adjacent public street. The area of the ad dress numerals shall not be calculated against the allowed sign area.
i. Unless otherwise specifically prohibited by Table 8.01 -1 (Sign Regulation Matrix) of this Division, a monument sign may be internally or externally illuminated , provided that the illumination is not harsh or overly bright. Signs shall consist of individual letters/characters affixed to an opaque, matte finished background. The sign background shall not be internally illuminated; only letters/characters shall be internally illuminated.
2. Freeway Signs. Freeway signs may be allowed on lots with property lines that are common with the right -of-way of Interstate 10, Interstate 15, or State Route 60 freeways, which have at least 600 linear FT of freeway frontage, and are subject to the following:
a. Table 8.01- 1 (Sign Regulation Matrix), above, establishes the number, location, area, height, and additional regulations applicable to freeway signs.
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(Rev. 12.03.202401.20.2026) Page 8.01-26 Ontario Development Code b. The maximum vertical or horizontal dimension of any freeway sign display surface is 25 FT.
c. A freeway sign shall be placed a minimum of 600 FT from any other freeway sign on the same property or on an adjacent property and shall be placed no further than 40 FT from the freeway right-of-way.
d. Freeway signs shall consist of no more than 2 faces unless alternative configurations are approved by the Planning Commission.
e. No tentative tract or parcel map, or lot merger shall be granted, which would result in the consolidation of multiple lots into a single lot with freeway signs in excess of the maximum number, location, area, and/or spacing of signs prescribed by this Sect ion.
f. A freeway sign shall be placed no closer than 10 FT to an interior property line, drive aisle, or private drive.
g. A digital freeway sign with electronic display shall be permitted on public and/or private property subject to City Manager review and approval of the following:
(1) Approval of the digital freeway sign shall be subject to the approval of a Digital Sign and Billboard Removal Agreement between the City and the property owner;
(2) A minimum of 2 existing, legal nonconforming billboards shall be removed, both of which must be currently located within the City;
(3) The area is developed with a legally established permitted land use;
(4) The proposed sign would not create a traffic or safety problem with regard to on-site access, circulation, or visibility;
(5) The proposed sign would not interfere with on -site parking or landscaping required by City ordinance or permit;
(6) The property has at least 600 linear FT of freeway frontage;
(7) The proposed sign will display both public and private information;
(8) The overall design of the sign, including massing, proportion, and scale shall be subject to review and approval of a Sign Permit, and
(9) For projects of regional significance as determined by the City Manager, the relocation of billboards may be waived and recommended for review by the City Manager to the City Council.
3. Electronic Message Center. An Electronic Message Center may be incorporated into a freeway sign for a public or private school; public facility or service; convention centers, arenas and other similar places of assembly; and auto malls and shall be subject to review and approval by the Planning Commission. An Electronic Message Center shall comply with the following requirements:
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-27 (Rev. 12.03.202401.20.2026) a. The Electronic Message Center display shall not include any message or pictorial that is in motion or appears to be in motion;
b. The Electronic Message Center display shall not change the intensity of illumination;
c. The Electronic Message Center display shall not change the message or pictorial more than once every 4 seconds;
d. No Electronic Message Center shall be placed within 1,000 FT of another Electronic Message Display located on the same side of the freeway; and
e. An Electronic Message Center shall only advertise the business conducted, services rendered, or goods produced or sold upon the property on which the display is placed.
4. Electronic Text Display . An Electronic Text Display may be incorporated into a monument sign to facilitate a fuel pricing sign required pursuant to BPC Sections 13530 through 13540, or for the purpose of providing messages and information related to public or private schools, government facilities, facilit ies for religious assembly, theaters, convention centers, arenas, and other similar places of assembly. An Electronic Text Display shall comply with the following requirements:
a. An Electronic Text Display shall not include any pictorial display;
b. An Electronic Text Display shall not change the intensity of illumination;
c. An Electronic Text Display shall not change the message more than once every 4 seconds;
d. No Electronic Text Display shall be placed within 600 feet of another Electronic Text Display located on the same side of the street, excepting fuel pricing signs provided pursuant to BPC Sections 13530 through 13540; and
e. An Electronic Text Display shall only advertise the business name, and events and services conducted on the property upon which the Electronic Text Display is installed.
D. Building Wall and Fascia Signs.
1. Wall and/or fascia signs shall consist of individual channel letters placed flat against the exterior wall or parapet of a building, or suspended from the building eaves or overhang, or from the ceiling of a covered walkway, and having an overall depth of no more than 12 inches.
A suspended sign shall have a clear space of at least 8 FT between the bottom of the sign and the surface of any walkway that may pass under the sign.
2. Acceptable wall and/or fascia sign designs include one or more of the following elements:
a. Halo lit channel letters;
b. Standard channel letters;
c. Front and halo lit channel letters;
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d. Pin mounted sandblasted, textured, and/or burnished metal- leaf faced letters;
e. Signs mounted to hard canopies, eyebrows, or other projecting architectural elements, such as screens, grids or mesh, or etched, polished, patina or abraded materials; and/or
f. Mixed media signs (utilizing the designs described in Subparagraphs D.1.2.a through e, above), incorporating imagery and icons /logos. Although simple rectangular cabinet signs are generally not allowed, mixed media signs may be composed of several elements, one of which may be a sculptured cabinet; however, the cabinet sign shall not exceed 25 percent of the total sign area of each sign.
3. Wall and/or fascia signs may be located on an exterior building elevation that :
[i] fronts/faces a public street, or [ii] faces an interior side or rear of a site , and contains a public entrance, pursuant to the standards prescribed by Table 8.01 -1 (Sign Regulation Matrix), of this Section.
4. The characters that comprise a sign shall not occupy more than 75 percent of the length of the building wall or fascia upon which it is placed.
5. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the Zoning Administrator may grant a waiver from this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.
6. Electrical raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed.
7. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. The Zoning Administrator may modify this requirement in special circumstances where a pr ojection greater than 12 inches may be desirable to allow the creation of an especially creative and unique sign design.
8. Signs shall not be placed to obstruct any portion of a window or cover architectural elements, such as cornices, transom windows, vertical piers and columns, and similar elements.
E. Address Signs Required. The City finds that it is in the interest of public safety that all street addresses be clearly visible. Unless otherwise authorized in writing by the Police and Fire Departments, all permanent structures within the City shall display street address numera ls of a size, color, and location, which are clearly visible from a public right -of-way. Address signs shall not count toward the maximum sign area allowed by this Division.
F. Sign Programs.
1. A Sign Program may be allowed pursuant to Section 4.02.075 (Sign Programs) of this Development Code, for the purpose of:
a. Providing coordinated signing within a development project; 1146
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b. Utilizing common design elements; and
c. Integrating the design of signs with the context of the building and landscape design, to form a unified architectural statement.
2. A Sign Program may allow certain deviations from the standards prescribed by Table 8.01- 1 (Sign Regulation Matrix) of this Division, limited to: [i] a 2030 percent increase in maximum sign area, [ii] an increase in the maximum number of signs allowed, and [iii] the use of decorative exposed neon , and [vi] any other modifications deemed appropriate for the building(s) and site context, as determined by the Planning Director . In approving such deviation(s), the following findings must be clearly established:
a. The Plan'sSign Program’s contribution to the overall design quality of the site and the surrounding area will be superior to the quality that would otherwise result under regulations normally applicable to the site;
b. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and
b.c. Approval of the Sign Program will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity; and
c.d. Any deviations from the standards prescribed by Table 8.01 -1 (Sign Regulation Matrix) of this Development Code are fully consistent with the purposes of this Development Code and any applicable specific plan or planned unit development .
3. A Sign Program may allow the use of complex-shaped (i.e., Polyhedron) sculptured cabinets if dimensional elements are also incorporated, such as burnished metal-leaf faced letters that are pin mounted from the cabinet face, or decorative exposed neon.
G. Street Banners and Street Banner Programs.
1. Street Banners.
a. No street banner, flag, pennant, or street decoration shall be placed or installed over and/or above any street or other public thoroughfare, without first obtaining City Manager approval, and the issuance of an encroachment permit by the City Engineer.
b. No person, either as principal, agent, or otherwise, shall hang or suspend any street banner above any street or other public thoroughfare, or cause the same be done, unless a Street Banner Program has approved pursuant to the requirements of Paragraph G.2 (Street Banner Programs) of this Section.
c. A street banner, flag, pennant, or street decoration shall be safely suspended not less than 17 FT above a public street, upon approval of the City Engineer and Building Official.
d. A street banner, flag, pennant, or street decoration shall not contain the name or designation of any individual, firm, or corporation as an advertisement for private gain.
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(Rev. 12.03.202401.20.2026) Page 8.01-30 Ontario Development Code e. A street banner, flag, pennant, or street decoration shall not remain in place longer than 30 days from the date permission is granted by the City Manager pursuant to Subparagraph G.1.a of this Section.
f. The Building Official shall, upon receipt of the required application, issue a permit for the erection and maintenance of a street banner, flag, pennant, or street decoration, according to [i] the terms of the City Manager's approval, [ii] the encroachment permit issued by the City Engineer, and [iii] the Street Banner Program described in Paragraph G.2 (Street Banner Programs), below (if required).
2. Street Banner Programs . A Street Banner Program shall be subject to review and approval by the Zoning Administrator, and must adhere to the following guidelines:
a. Application. The street banner program application shall contain the following minimum information:
(1) Street Banner Design—A fully dimensioned plan that clearly depicts the street banner design, materials, colors, and letter style;
(2) Street Banner Elevations—A fully dimensioned elevation drawing(s) depicting streetlight poles with each proposed banner type attached;
(3) Street Banner Location —A site plan drawn to scale, which depicts the specific location of each proposed street banner and the affected streetlight poles; and
(4) Equipment—All hardware and bracketry necessary for mounting the proposed street banner(s) to the affected streetlight poles, which shall meet or exceed City specifications.
b. Private Business Recognition. Private sponsorship of street banners shall only be permitted in association with an approved street banner program, with identification of the sponsor regulated as follows:
(1) Placement—The street banner sponsor may be identified on each street banner by lettering no greater than 6 inches in height, which runs the width of the banner, and covering no more than 10 percent of the banner area;
(2) Font—A uniform font type, style, size, and color shall be used for banner sponsor names within a given banner program; and
(3) Graphics—There shall be no private logos or trademark graphics allowed.
c. Maintenance. At a minimum, street banners shall be removed for cleaning annually, and shall be removed for repair or replacement when worn, torn, or faded. The City may require that street banners be alternated seasonally (3 to 4 times per year). Furthermore, Street banners shall be removed for repair or replacement when worn, torn, or faded.
H. Awnings and Canopies, and Outside Umbrellas.
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Ontario Development Code Page 8.01-31 (Rev. 12.03.202401.20.2026)
1. As a design feature of any building, structure, or business establishment, all awnings and canopies, and outside umbrellas, shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed, erected, or installed.
2. Awnings and canopies that contain advertising shall be counted toward the total allowable signing for the business that it serves.
3. Umbrellas shall not contain advertising.
4. The use of backlit awnings and/or canopies shall be prohibited.
I. Accent Lighting.
1. As a design feature of any building, structure, or business establishment, all accent lighting shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed or installed. Accent lighting should be limited to confined areas, such as building entries, architectural features, or used to reinforce specific architectural elements, such as tower and cornice elements.
2. Accent lighting elements and luminaires placed directly on a building façade shall be shielded. Lighting elements and luminaires placed directly on a building façade so as to be directly exposed to public view, is prohibited.
J. Construction, Installation and Maintenance.
1. Construction. The construction and installation of signs shall be enforced and administered by the Building Official. All signs and advertising structures shall be designed and constructed to withstand wind loads, dead loads, and lateral forces as required by the City 's Building Code and the provisions of this Division.
2. Identification. Every sign or other advertising structure hereafter erected in the City shall have an identifying number, name of erector, installation year and, if illuminated, the voltage plainly placed on the exterior surface of the sign body, in a location where the information is readily visible after erection and installation.
3. Illumination.
a. General Requirements.
(1) Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratory (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.
(2) Awnings with back-lighting are prohibited.
(3) Light sources (luminaires) used for externally illuminated signs shall not be visible within 100 FT of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of 11:00PM and 6:00AM, unless they identify an establishment open for business during those hours.
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(Rev. 12.03.202401.20.2026) Page 8.01-32 Ontario Development Code (4) Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding 15 watts, and the brightness of luminous or backlit signs shall not exceed 250 footlamberts (fl).
b. Internally Illuminated Signs. The illumination level of a sign shall be reduced if it is determined to be excessive as a result of City evaluation. Illumination shall be considered excessive if the illumination level:
(1) Is substantially greater than the illumination level of other nearby signs;
(2) Interferes with the visibility of other signs, or with the perception of objects or buildings in the vicinity of the sign;
(3) Directs glare toward streets or motorists;
(4) Adversely impacts nearby residents or residential neighborhoods; and/or
(5) Reduces the nighttime readability of the sign.
c. Externally Illuminated Signs. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face, and away from streets and adjacent properties.
4. Maintenance. All signs, together with their supports and appurtenances, shall be kept neatly painted and posted. The Zoning Administrator, Building Official, or Code Enforcement Director may order the removal of any sign that is not maintained in accordance with the provisions of this Division.
K. Political Signs.
1. Purpose.
a. The purpose of these political sign regulations is to identify the compatibility between the utilization of political signs, the protection of the right to privacy of individuals, and the quiet and undisturbed enjoyment of property.
b. It is recognized that there have been abuses in the placement of political signs within the City, including: [i] trespassing upon private property; [ii] placement of political signs without permission from the property owner; [iii] placement of political signs in such a fashion as to make it difficult to remove them; [iv] littering caused by dislodged political signs; [v] sight distance hazards to traffic due to sign size and location; [vi] distracting appearance; [vii] aesthetically displeasing impact; [viii] unnecessary proliferation; and [ix] other reasons, all of which are determined to be contrary to the best interests of the community, and in oppositi on to the public health, safety and welfare.
c. The reasonable regulation of political signs will obviate many of the objections that have been raised to the unregulated placement of such signs.
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Ontario Development Code Page 8.01-33 (Rev. 12.03.202401.20.2026) d. It is recognized that to the extent that placement of political signs is not contrary to the purposes stated herein, it is in the best interests of the City and its inhabitants to allow political expression, and, for that reason, it is but to avoid the total prohibition of such signs.
e. It is believed that responsibility for the placement of political signs should lie with the candidate for public office, the proponents and opponents of ballot measures, and the various political committees connected therewith. It is recognized that political signs are printed by, or at the direction of, those listed herein, and that the ultimate responsibility for the distribution of such signs and their placement lies with them.
2. Definition. The term " political sign, " as used herein, means any election or nonelection sign, advertising structure, or display, which communicate any message or idea identifying, supporting, opposing, promoting, or conveying a position upon, or relating to, any political cause or issue, or candidate for public office, or proposition or issue connected with any local, special, state, or national election.
3. Political Sign Registration. Pursuant to BPC Section 5405.3, any candidate (or their designee) or the proponents of a ballot measure who seek to utilize political signs, shall first file a Statement of Responsibility with the Code Enforcement Department, on a City registration form.
The registrant shall be responsible for removing the temporary political sign and may be required to reimburse the City for any cost incurred for temporary political sign removal.
4. Permitted Signs . Political signs, as herein defined, shall be permitted within any zoning district subject to compliance with all of the rules and regulations set forth in Paragraph K.5 (Regulations) herein.
5. Regulations.
a. No provision in this Development Code shall be so construed as to prohibit the placing of temporary political signs.
b. No political sign shall be installed or displayed sooner than 45 days preceding the election for which the sign is intended.
c. No political sign shall exceed 16 SF in total area, except that a double - faced sign, not exceeding 16 SF on each side, shall be permitted.
d. No political sign shall exceed an overall height of 8 FT, except if such sign shall be within an enclosed building or structure.
e. No candidate for public office, proponent or opponent of ballot measures, and/or any political committees connected therewith, shall post more than one political sign per lot or parcel.
f. No political sign shall be lighted either directly or indirectly.
g. No political sign shall be placed on private property, vacant or otherwise, without the permission of the owner of the property.
h. No political sign shall be placed or affixed to a tree, fence, post, utility pole, or any structure, by glue, nails, or screws.
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(Rev. 12.03.202401.20.2026) Page 8.01-34 Ontario Development Code i. No political sign shall be posted on any public property or in the public right- of-way.
j. No political sign shall be placed within the right -of-way of any highway, or with 660 FT of the edge of, and visible from, the right-of-way of a landscaped freeway.
k. No political signs shall be posted in violation of any other provisions of this Development Code.
l. All political signs shall be removed within 10 days following the date of the election for which the sign was intended.
6. Removal of Illegally Placed Political Signs. The Building Official or Community Improvement Manager may cause the removal of any sign placed contrary to any provision of the Political Sign provisions contained herein (commencing with Subsection K (Political Signs) of this Section).
8.01.025: Design Guidelines
A. Introduction.
1. The following design guidelines are intended as a reference to assist the designer in understanding the city' s goals and objectives for high quality sign design, construction, and placement throughout the city. These guidelines are intended to complement the mandatory standards contained in Section 8.01.02 0 (Sign Standards) of this Division, by providing good examples of potential design solutions and by providing design interpretations of the various mandatory requirements.
2. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the city's review of a sign program or sign plan to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the designer. Nonetheless, unless there is a compelling reason, these design guidelines shall be observed.
B. General Guidelines.
1. Use a Brief Message. The fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner and is more attractive. A sign should only include the name and/or nature of the business, and in addition to the name, may contain a maximum of three words describing the business or service provided.
2. Avoid Overly Intricate Fonts . Signs utilizing very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively.
3. Avoid Faddish and Peculiar Fonts . Signs utilizing faddish or peculiar fonts may look good today, but soon go out of style. The image conveyed may quickly become that of a dated and unfashionable business.
4. Sign Colors and Materials. The colors and materials of a sign should be selected so that they contribute to sign legibility and design integrity. Even the most carefully thought out sign 1152
Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-35 (Rev. 12.03.202401.20.2026) may be unattractive and a poor communicator because of poor color selection. Dayglow, fluorescent, and overly bright or loud colors should not be used.
5. Provide Contrast Between Background and Letters/Symbols . Use significant contrast between the sign 's letter/symbol color and its background color. If there is little contrast in the hue (shade or tint) and intensity (brightness) between the background and letter/symbol colors, it will be difficult to read.
6. Avoid Too Many Different Colors . The use of too many different colors will overwhelm the basic function of communication. The colors compete with sign content for the viewer's attention. The limited use of accent colors can increase legibility, while large areas of competing colors tend to confuse and annoy.
7. Sign Placement. Generally, building wall and fascia signs should be located within the middle 75 percent of the building frontage, measured from tenant line to tenant line for multiple tenant buildings, and measured across the full width of the building elevation for single tenant buildings. The Zoning Administrator shall have the authority to modify this requirement where it can be shown that:
a. The directed placement would severely limit proper sign placement; or
b. The directed placement would be contrary to the sign placement approved by a Development Plan.
8. Proportion, Scale and Rhythm of Sign Placement . Signs should be placed consistent with the proportions and scale of building elements within a building 's facade:
a. A particular sign may fit well on a large, plain wall area, but would overpower the finer scale and proportion of the lower storefront.
b. Signs can be used to establish facade rhythm, scale, and proportion where such elements are weak in the building design. On buildings having a monolithic or plain facade, signs can be used to establish or continue appropriate design rhythm, proportion, and scale.
c. The proportion of letter area to sign background area should be carefully considered. If the letters take up too much of the background area, they may be harder to read — large letters are not necessarily more legible than smaller ones.
d. Generally, the characters that comprise a sign should not occupy more than 70 percent of the area of a sign's background.
9. Pedestrian Signs . Signs oriented to pedestrians should be smaller in scale. The pedestrian -oriented sign is usually read from a distance of 15 to 20 feet, whereas the vehicle- oriented sign is designed to be viewed from a much greater distance. The closer the sign's viewing distance, the smaller the sign needs to be.
10. Freestanding Signs . Freestanding signs should incorporate the materials and architectural features used in the building(s) they serve.
C. Building Wall and Fascia Signs.
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Division 8.01—Sign Regulations
(Rev. 12.03.202401.20.2026) Page 8.01-36 Ontario Development Code
1. Building wall and fascia signs should be compatible with the predominant visual elements of the building. Commercial centers and offices, industrial parks, business parks, and other similar facilities, are required to be part of a sign program in accordance with the provisions of Section 4.02.080 (Sign Programs) of this Development Code.
2. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs should be complementary to one another in the following ways:
a. Type of construction materials (sign copy, supports, etc.);
b. Letter size and style of copy;
c. Method and design of sign support (wall mounting or monument base);
d. Configuration of sign area; and
e. Proportion of sign copy area to background.
3. Lighted signs, whether internally or externally illuminated, are permitted; provided, they are not harsh or overly bright. Can- type box signs with translucent backlit panels should not be used.
4. Signs with backlit or internally illuminated individual channel letters are strongly encouraged.
D. Freestanding Signs.
1. Freestanding signs are intended to provide identification for single-tenant buildings, multiple-tenant buildings, commercial offices and centers, and business and industrial parks. Signs for single-tenant buildings should include the street address of the business.
2. Signs for multiple -tenant buildings, commercial offices and centers, and business and industrial parks should display the range of business addresses for that development. The business address shall not be included in the sign area calculation.
3. Lighted signs, whether internally or externally illuminated, are permitted, provided they are not harsh or overly bright. Signs should consist of individual affixed to an opaque, matte finished background. The use of backlit (halo lighting) letters is strongly encouraged.
4. Freestanding signs should be placed perpendicular to approaching vehicular traffic.
5. Freestanding signs should be placed in landscaped planters of sufficient area, shape and design that will provide a compatible setting and ground definition to the signs.
6. Monument signs should be provided with a base, which measures from 12 to 18 inches in height, to accommodate the growth of landscaping around the sign base, without interrupting view of the sign face.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-37 (Rev. 12.03.202401.20.2026)
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1155
Ontario Development Code Page G-1 (Rev. 07.19.2022)
Reference G: Landscape Design and Construction Guidelines Se
ctions:
G
.01.001: Purpose
G.01.002: Applicability
G.01.003: Landscape Design Guidelines
G.01.004: Prescriptive Compliance Option
W
orksheets:
G
.01-1: Water Efficient Landscape Worksheet
G.01-2: Landscape Architect—Certificate of Compliance
G.01-3: Recommendations for Vegetated Swales
G.01.001: Purpose
T
hese Landscape Design and Construction Guidelines are intended as a reference to assist design professionals, landscape contractors and homeowners in their understanding of the City' s goals and objectives for the preparation of landscape construction documentation plans, and the installation of landscape materials and elements.
F
urthermore, these guidelines are intended to compliment the mandatory landscape and irrigation regulations established by Development Code Division 6.5 (Landscaping), by providing examples of potential design solutions, and by providing design interpretations of the various mandatory regulations.
G.01.002: Applicability
A. T
he industrial design guidelines are general and may be interpreted with some flexibility in their application to specific projects. Variations may be considered for projects with special design characteristics during the City 's development review process, to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. Nonetheless, unless there are compelling reasons or practic al difficulties, these guidelines shall be observed.
B. D
eterminations of compliance with the Landscape Design and Construction Guidelines shall be made by the Approving Authority.
C. T
hese Landscape Design and Construction Guidelines are authorized by Development Code Section 6.05.045 (Landscape Design and Construction Guidelines), and are enforceable in the same manner, and to the same extent, as any other applicable requirement of the Ontario Development Code.
G.01.003: Landscape Design Guidelines
A. W
ater conservation is a high priority in the City of Ontario. Landscapes shall be designed to use water efficiently without waste to the lowest practical amount and comply with the State's 1156
Reference G: Landscape Design and Construction Guidelines (Rev. 07.19.2022) Page G-2 Ontario Development Code
current Model Water Efficient Landscape Ordinance. Sources for low water plants are WUCOLS, "Water Use Classification of Landscape Species " https://wucols.ucdavis.edu/plant-search- database.
B. L
andscape areas sh ould be composed primarily of living plant materials spaced no greater than the mature diameter of each plant. Non-living ornamental features (boulders, gravel, dry stream beds, etc.) should comprise no more than 5 percent of the total landscape area and shall be a pervious material.
C. War
m season turf is recommended for recreational use projects (parks, sports fields, etc. where turf provides a playing surface) and residential projects with a maximum 50 percent of the landscape area. Planter areas irrigated by spray sh ould be no less than 8 FT in width. Low water u
se groundcovers should be used in traditional turf areas; parkways, etc.
D. D
esign landscape areas and irrigation systems for use with recycled water where required by the City . New multiple -family residential projects must use recycled water for homeowner association (HOA) maintained areas, such as parks, parkways, neighborhood edges, and common areas. Single-family residential projects must use p otable water with a backflow for all landscape areas, even if HOA maintained.
E. P
roperty irrigated with r ecycled water must provide a physical separation from areas irrigated with potable water, by means of a wall, fence, paving, or a center mow curb within the landscape area, located 4 FT from the area irrigated with recycled water. I rrigation lines and heads may be located no closer than 2 FT of each side of the mow curb.
F. C
oncrete mowstrips, minimum 6 inches wide by 6 inches high or 4 inches wide by 6 inches high, must be provided at turf areas located adjacent to landscape planter areas, and to provide separation between adjacent properties or maintenance responsibility areas. Redwood header boards are allowed only for use with individual single -family home s, and to define a lot line adjacent to undeveloped property.
G
. Design landscape areas so that utilities, such as backflow preventers, are screened by minimum 4-FT wide planter areas and massed with similar height shrubs (Note: Paint brass backflow preventers green (RAL 6009 Fir Green or equal) ). Furthermore, coordinate landscape plans with utility plans , so that transformers are: [i] setback at least 4 FT from pav ed area and 5 FT from roadways, [ii] screened with shrubs of similar height on 3 sides; and [iii] planted with a maximum 18-inch high groundcover at the front.
H. A
ccent trees (single or multi- trunk specimens) are required at all nonresidential corner s
tatements, including vehicular entries and the corners of major intersections. All accent trees should be minimum 36 -inch box. Palms sh ould have a minimum 17 -FT brown trunk height (BTH) , and a minimum 4-FT cubed rootball.
I. F
oundation planting adjacent to building s (hedgerows or shrub masses in a hierarch ical pattern) must be provided at nonresidential primary exterior building elevations, and at residential front yards, to soften the break between the horizontal ground plane and the vertical building plane.
J. P
lants at monument signs shall be made up of a hierarchy of ornamental shrubs or perennials.
K. L
andscape areas must have a minimum inside dimension of 5 FT to accommodate tree 1157
Reference G: Landscape Design and Construction Guidelines Ontario Development Code Page I-3 (Rev. 05.02.202301.20.2026) growth, and must have a minimum inside dimension of 6 FT in if it contains a vegetated swale.
L. P
arking areas visible from public streets or adjacent parcels should be screened with landscaping having a height of at least 3 FT, or a combination of landscaping and maximum 3-FT high decorative walls.
M.
Landscape areas adjacent to parking areas should be planted to accommodate a 2 -FT overhang of vehicles, unless wheel stops are provided.
N. P
arking lots should be planted with canopy shade trees hav ing a minimum canopy diameter of 30 FT, provided at the minimum rate of one tree for each 5 parking spaces.
O
. Parking lots with double rows of parking
spaces are encouraged to provide a 4-FT to 5-
FT wide landscaped strip containing an
infiltration trench, where possible (see
Infiltration Trench Example, right).
P. P
arking lot landscaping shall maximize
broad canopy shade tree planting to reduce
heat gain on paving and buildings. Add large
planters, center planter strips or diamond
planters between parking rows for shade trees.
Q
. Planters adjacent to parking spaces
shall have a 12 -inch wide curb, providing a
step-out area for access to vehicles.
R. L
andscape areas should be bordered by 6-inch concrete curbs, except where openings into infiltration basins or swales are provided.
S. T
rash enclosures should have adjacent
planters with trees, shrubs, and vines to screen
(see Trash Enclosure Adjacent Planters
Example, right).
T. P
arkway areas within street rights-of-
way must be landscaped with living plant
material less than 18 inches in height ,
au
tomatically irrigated , and contain street
trees pursuant to the Master Street Tree Plan ,
spaced at 25 to 35 FT apart, and coordinated
with utility locations and setbacks.
U. U
ndeveloped areas within a project
site must be seeded with a wildflower or
ornamental grass mix , and automatically
irrigated to prevent soil erosion from rain and
strong winds. Projects that are adjacent to Southern California Edison (SCE) easement areas sha ll
coordinate with SCE to obtain a permit for non-irrigated hydroseeding within the easement.
V. P
rojects with landscape areas within Caltrans rights-of-way must enter into a cooperative I
nfiltration Trench Example
T
rash Enclosure Adjacent Planters Example
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Reference G: Landscape Design and Construction Guidelines (Rev. 07.19.2022) Page G-4 Ontario Development Code
agreement with Caltrans San Bernardino Division, for landscape installation and maintenance.
W. W
ireless telecommunications facilities must be screened with groupings (minimum 3) of approved live trees and shrubs, to blend the facility with adjacent tree or palm stands (California native trees and shrubs are preferred ). Tree size sh ould be minimum two-thirds the height of the facility, or as approved by the P lanning Director. Permanent irrigation and regular maintenance shall be provided for all landscaped areas.
X. A
dditional landscape requirements may be required for projects located within established specific plan areas.
Y. P
lant selection and irrigation design must be appropriate with the City's regional climate (Zone 18), classified as Mediterranean, and characterized by hot, dry summers and mild winters.
Winter temperatures average between 60 and 70 degrees , with occasional lows in the 20 's.
Summers average from 75 to 90 degrees , with highs exceeding 100 degrees. Average yearly rainfall is approximately 16 inches. Winds develop from the southwest , averaging 6 mph. Hot, dry Santa Ana winds occur between October to March, from the northeast, at 30 mph, with gusts at 60 mph or more. Air quality is considered poor due to frequent temperature inversions trapping pollutants below the inversion.
G.01.004: Prescriptive Compliance Option
A. T
his Section contains prescriptive requirements which may be used as a compliance option to the State Model Water Efficient Landscape Ordinance (CCR Title 23, Division 2, Chapter
2.7).
B. C
ompliance with the following items is mandatory and must be documented on landscape plan and irrigation plans in order to use the Prescriptive Compliance Option:
1. S
ubmit Landscape and Irrigation Construction Documentation Plans (pursuant to Development Code Section 6.05.015.B.1, Landscape and Irrigation Construction Documentation Plans Required), which includes the following elements:
a. D
ate;
b. Pr
oject applicant;
c. Pr
oject address (if available, parcel and/or lot number(s)); d. To
tal landscape area (square feet), including a breakdown of turf and plant material;
e. Pro
ject type (e.g., new, rehabilitated, public, private, cemetery , h
omeowner-installed);
f. Wa
ter supply type (e.g., potable, recycled, well) and identify the local water purveyor;
g. Co
ntact information for the project applicant and property owner; and h. Applic
ant signature and date , with the following statement : " I agree to 1159
Reference G: Landscape Design and Construction Guidelines
Ontario Development Code Page I-5 (Rev. 05.02.202301.20.2026) comply with the requirements of the prescriptive compliance option to the Model Water Efficient Landscape Ordinance".
2. Incorporate compost at a rate of at least 4 CY per 1,000 SF, to a depth of 6 inches into landscape area (unless contra-indicated by a soil test);
3. Plant material shall comply with all of the following;
a. For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75 percent of the plant area excluding edibles and areas using recycled water; For non -residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor
0.3) for 100 percent of the plant area excluding edibles and areas using recycled water;
b. A minimum 3- inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
4. Turf shall comply with all of the following:
a. Turf shall not exceed 25 percent of the landscape area within residential zoning districts, and there shall be no turf allowed within non-residential zoning districts;
b. Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every 4 FT of horizontal length;
c. Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to an off-street parking area and is used to enter and exit vehicles. Any turf in parkways must be irrigated by sub -surface irrigation or by other technology that creates no ov erspray or runoff.
5. Irrigation systems shall comply with the following:
a. Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data.
b. Irrigation controllers shall be of a type which does not lose programming date in the event the primary power source is interrupted.
c. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.
d. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.
e. All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. "Landscape Irrigation Sprinkler and Emitter Standard, " All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
C. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule , and a 1160
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schedule of landscape and irrigation maintenance.
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Reference G: Landscape Design and Construction Guidelines
Ontario Development Code Page I-7 (Rev. 05.02.202301.20.2026) City of Ontario
Landscape Planning Division
G.01-1: Water Efficient Landscape Worksheet
Reference Evapotranspiration (ETo):
ETAF Calculations:
Regular Landscape Areas
All Landscape Areas
Hydrozone # /
Planting
Description
Plant
Factor
(PF)
Irrigation
Method b
Irrigation
Efficiency
(IE) c
ETAF
(PF/IE)
Landscape
Area (SF) ETAF x Area
Estimated Total
Water Use
(ETWU) d
Regular Landscape Areas
Totals (A) (B)
Special Landscape Areas
1 1
1 Totals (C) (D)
ETWU Total
Maximum Allowed Water Allowance (MAWA) e
Legend:
a Hydrozone #/Planting Description
e.g.: [1] front lawn ; [ 2] low water use
plantings; and [3] m edium water use
planting
b Irrigation Method
overhead spray or drip
c Irrigation Efficiency
0.75 for spray head
0.81 for drip
d ETWU (Annual Gallons Required)
= Eto x 0.62 x ETAF x Area
where 0.62 is a conversion factor that
converts acre-inches per acre per year
to gallons per square foot per year
e MAWA (Annual Gallons Allowed) = (Eto) ( 0.62) [ (ETAF x LA) + ((1-ETAF) x SLA)] where 0.62 is a conversion factor that converts acre-inches per acre per year to gallons per square foot per year, LA is the total landscape area in square feet, SLA is the total special landscape area in square feet, and ETAF is .55 for residential areas and 0.45 for non-residential areas.
Total ETAF x Area (B)
Total Area (A)
Average ETAF B ÷ A
Total ETAF x Area (B+D)
Average ETAF for Regular Landscape
Areas must be 0.55 or below for
residential areas, and 0.45 or below
for non-residential areas.
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Reference G: Landscape Design and Construction Guidelines (Rev. 07.19.2022) Page G-8 Ontario Development Code
City of Ontario
Landscape Planning Division
G.01-2: Landscape Architect—Certificate of Compliance
Senior Landscape Planner: 909/395-2237
Associate Landscape Planner: 909/395-2615
Project Name:
Project Address
Permit No.:
The undersigned Landscape Architect certifies that the complete landscape and irrigation installation is in compliance to approved plans. Any deviation to approved plans shall require a re-submittal to the Landscape Planning Division for review and approval prior to installation.
Landscape Architect's Inspection Date Initial
1) Hardscape construction complies with approved plan:
2) Irrigation installation verified: trench, pipe size, pressure test, coverage test:
3) Irrigation controller chart with landscape maintenance schedule:
4) Soil report, compaction test and amendments verified with receipt:
5) Verification of plant material, quantity, and quality:
6) Verified ET sensor and controller installed and programming set up:
7) Water Budget: Landscape:
SF: __________ MAWA: __________ Gallon/year ETWU = __________ Gallon/year
After the receipt of this Certification, the Landscape Planner will conduct the final landscape Inspection. The Owner's Representative and Landscape Contractor shall be present.
Landscape Architect (Print) Company Name
Landscape Architect (Signature) Address
License Number Phone Number
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Reference G: Landscape Design and Construction Guidelines
Ontario Development Code Page I-9 (Rev. 05.02.202301.20.2026) City of Ontario
Landscape Planning Division
G.01-3: Recommendations for Vegetated Swales
Hydroseed mix for irrigated and partially irrigated sites with some standing water :
SEED LBS/ACRE
ACHILLEA MILLEFOLIUM 1.0
ESCHSCHOLZIA CAESPITOSA 1.0
JUNCUS BUFONIUS 1.0
LEYMUS TRITICOIDES RIO 6.0
DESCHAMPSIA CESPITOSA 4.0
FESTUCA RUBRA 'MOLATE' 10.0
HORDEUM BRACHYANTHERUM 6.0
MUHLENBERGIA RIGENS 1.0
MUHLENBERGIA MICROSPERMA 3.0
HORDEUM DEPRESSUM 3.0
Hydroseeding slurry component for slopes from 3:1 to 2:1:
Product Application Rate
Wood Fiber Mulch 2000 lbs/acre
Binder/Tackifier 200 lbs/acre
Product Application Rate
Organic fertilizer 800 lbs/acre
Mycorrhizal inoculum 60 lbs/acre
Add to slope rolled erosion control netting product (RECP Netting) 20.6 ounce weight per yd2, for landscape areas directly receiving pavement run off.
Shrubs from 1- 5 gallon containers should be approximately planted on the swale side slopes:
FESTUCA IDAHOENSIS — Blue Fescue, 1 FT x 1 FT
MUHLENBERGIA RIGENS — Deer Grass, 4 FT x 4 FT
FESTUCA MAIREI — Marie's Fescue, 2 FT x 2 FT
CAREX PANSA — California meadow sedge, 1 FT x 1 FT
LEYMUS CONDENSATUS — Canyon Prince, 4 FT x 3 FT
LEYMUS TRITICOIDES — Creeping Wild Rye, 2 FT x 2 FT
Trees from containers 5 to 15 gallons should be appropriately planted on the top of side slopes:
QUERCUS AGRIFOLIA — COAST LIVE OAK, space 35 FT apart.
PLATANUS ACERIFOLIA — LONDON PLANE TREE, space 35 FT apart.
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Reference G: Landscape Design and Construction Guidelines (Rev. 07.19.2022) Page G-10 Ontario Development Code
Soils with low infiltration rates less than one inch per hour shall:
E
xcavate an additional 18 to 36 inches deep and add engineered soil mix in the swale bottom.
Provide soil testing to determine additional methods to increase infiltration .
Su
itable Bioswale Soil:
G
eneral. Topsoil shall be free of roots, clods, or stones larger than 1 -inch in the greatest dimension, pockets of coarse sand, noxious weeds, sticks, lumber, brush, and other litter. It shall not be infested with nematodes or other undesirable disease -causing organisms such as insects and plant pathogens or any hazardous materials.
1. T
opsoil shall be friable and have sufficient structure in order to give good tilth and aeration to the soil.
2. G
radation limits-soil shall be a sandy loam. Gravel over ¼inch in diameter shall be less than 20 percent by weight.
3. P
ermeability Rate shall be not less than one inch per hour, nor more than 20 inches per hour.
S
oil Organic Matter Content . The desirable range is 3 percent to 5 percent. Sufficient soil organic matter shall be present to impart good physical soil properties but not be excessive to cause toxicity or cause excessive reduction in the volume of soil due to decomposition of organic matter.
1165
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA2 5-003, A DEVELOPMENT
CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND
PROCEDURES), 4.0 (PERMITS, ACTIONS, AN D DECISIONS ), 5.0 (ZONING AND LAND USE ), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 7.0 (HISTORIC PRESER VATION), 8.0 (SIGN
REGULATIONS), AND RE FERENCES (REFERENCE G: LANDSCAPE
DESIGN AND CONSTRUCT ION GUIDELINES) OF THE CITY OF
ONTARIO DEVELOPMENT CODE , AND MAKING FINDINGS IN
SUPPORT THEREOF.
WHEREAS, THE CITY OF ONTARIO (Applicant) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA2 5-003, as described title of this Ordinance (hereinafter referred to as Application or Project); and
WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and polic ies 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 Amendm ent is of citywide impact, affecting approximately 50 square miles (3 2,022 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and
WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:
(1) Amend Chapter 2.0: Administration and Procedures, Division 2.02 – Application Filing and Processing , to amend Table 2.02 -1: Review Matrix, B.
Discretionary Permits and Actions to add No. 13. that authorizes the Planning Director to approve Minor Adjustments /Alterations in the CCS (Convention Center Support Commercial) zoning district in the Ontario Sports Empire.
(2) Revise Chapter 4.0: Permits, Actions, and Decisions, Division 4.02 – Discretionary Permits and Actions to amend Section 4.02.020: Departures from Development Standards (Minor Adjustment/Alterations and Variances) to add 4.02020.d to allow Minor Adjustment and Alterations in the CCS (Convention Center Support Commercial) zoning district in the Ontario Sports Empire to permit a reduction in the 1166
minimum building setback and separation requirements , and an encroachment of balconies into a required street facing setback.
(3) Revise Chapter 5.0 (Zoning and Land Use) to include:
a. Revise Division 5.02 – General Land Use Provisions, Section 5.02.010:
Allowed Land Use Activities and Facilities, Table 5.02 -1: Land Use Matrix to include:
i. Waste Management and Remediation Services, Waste
Collection, for Waste Transfer Facilities and for Household Hazardous Waste Collection Facility, add a note for each use identifying that the “Use shall be allowed only when established as part of a publicly operated city yard facility.”
ii. Food Services and Drinking Places, Drinking Places, for Drinking Places Other Than Bars, Cocktail Lounges, and Taverns (GFA both +/- 10,000 SQ Ft), and for Bars Cocktail Lounges, Nightclubs and Taverns, and Other Similar Facilities (GFA both +/- 5,000 SQ FT) add a note for each use identifying that the “Use shall be allowed within the Ontario Sports Empire ancillary to restaurant and concession uses and subject to approval of an AUP.”
b. Amend Division 5.03 – Supplemental Land Use Regulations, Section
5.03.025: Alcoholic Beverage Sales to add 5.03.025.H for Entertainment Zones to include.
i. Purpose. The purpose of this Chapter is to establish a process by which to create Entertainment Zones within the City of Ontario, as authorized by Section 23039.5 of the California Business and Professions Code, where people can buy open container drinks (alcoholic drinks “to-go”) from local bars, restaurants, wineri es, and breweries and enjoy them outside in common spaces like plazas, sidewalks, and streets during certain hours for the purposes of creating active, commercial corridors, catalyze broader economic stimulus and ensure equitable program
benefits while making Ontario a vibrant cultural hub.
ii. Definitions. For the purposes of this Chapter, the following definitions shall apply:
1. ABC. M eans the California Department of Alcoholic
Beverage Control.
1167
2. Entertainment Zone. Has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended from time to time.
3. Entertainment Zone Event . Means an event or activation which occurs within the boundaries of an Entertainment
Zone established in accordance with this Chapter and the Management Plan for the Entertainment Zone.
4. Licensee. M eans any person, business, or other entity duly licensed to sell alcoholic beverages.
5. Management Plan . M eans a plan approved by the
Community Development Agency for the management
and regulation of an Entertainment Zone.
iii. Entertainment Zone.
1. Ontario Toyota Arena Entertainment Zone (OTAEZ).
a. The area bounded by Ontario Center Parkway to
the north, the Arena Parking Lots B and C to the
south, the Arena to the west, and the Adept Lot A
Development to the east has been identified as the
Ontario Toyota Arena Plaza – Phase I. The OTAEZ
includes all areas within the public plaza as
identified in Figure 5.03 -1, excluding parking lots,
parking structures, public streets, and public
sidewalks, and is hereby designated as the OTAEZ
under Sections 23039.5 and 25690 of the California
Business and Professions Code.
b. Outdoor consumption of alcoholic beverages within
the Ontario Toyota Arena Entertainment Zone is
authorized 7 days a week between the hours of
8:00 a.m. and 2:00 a.m., so long as at least one
licensee within the boundaries of the Entertainment
Zone is permitted to sell alcoholic beverages during
those hours for consumption on the premises.
Hours of operation are subject to any additional
limitations imposed by any ABC permit or license
and by the Management Plan for the Entertainment
Zone.
1168
c. Off-site sale of open alcoholic containers by a
participating holder of an ABC license or permit
may consist of beer, wine, and/or distilled spirits
subject to the conditions and limitations imposed on
the establishment by their local entitlements or ABC
privileges, and any additional limitations imposed
by the Management Plan for the Entertainment
Zone.
iv. Controls and Compliance with Laws.
1. All licensees and organizations sponsoring or selling alcoholic beverages within an Entertainment Zone shall
comply with all applicable state and local laws and
regulations, including, but not limited to, the following:
a. All applicable ABC license and permitting
requirements;
b. Sections 23357, 23358, and 23396 of the California
Business and Professions Code, as may be
amended from time to time;
c. All other laws governing the sale and consumption
of alcoholic beverages and all permits and licenses
issued pursuant thereto;
d. Applicable road closure regulations and
procedures;
e. Applicable Special and Temporary Event laws,
policies, and regulations; and
f. Any applicable Administrative Regulations issued
by the City pursuant to this Chapter, including
conditions set forth in the Management Plan for the
Entertainment Zone.
2. During an Entertainment Zone event, o pen alcoholic
beverages may be consumed on any public street,
avenue, sidewalk, stairway, alley, or thoroughfare within an Entertainment Zone, subject to the Ontario Municipal Code Section 5 -11.02 “Public consumption of alcoholic
beverages and possession of any open alcoholic
1169
beverage container,” and other restrictions imposed by State or local law.
3. All open alcoholic beverages shall be purchased only from a premises located within the Entertainment Zone that is authorized under California Business and Professions
Code Section 23357, 23358, or 23396, as may be
amended from time to time, to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premise, or an organization that is authorized by an ABC special event permit or license to make such sales within the Entertainment Zone.
4. No alcoholic beverages purchased at a participating
licensed premises may leave the premises in a n open
glass or metal container.
5. Delivery of alcoholic beverages to consumers within the Entertainment Zone by a participating licensee or third party delivery service is prohibited.
v. Implementation.
1. Upon the establishment or modification of an
Entertainment Zone, the Community Development Agency
is authorized to and shall do the following:
a. In consultation with the Police Department, provide
the following information to ABC, pursuant to
Section 25690 of the California Business and
Professions Code:
i. A co py of the ordinance establishing or
modifying the Entertainment Zone;
ii. Information as may be necessary to identify
the boundaries of the Entertainment Zone;
iii. The days and hours of operation of the
Entertainment Zone;
iv. The types of alcoholic beverages permitted
within the Entertainment Zone ; and
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v. The approved non -glass and non -metal
containers in which alcoholic beverages may
be authorized.
b. Issue a Management Plan for the Entertainment
Zone as follows:
i. The Management Plan shall establish the
process or procedure to readily identify
individuals purchasing or consuming
alcoholic beverages within the
Entertainment Zone as being 21 years of
age or older;
ii. The Management Plan may include
requirements not otherwise imposed by
State or local law, but which are nonetheless
enforceable pursuant to S ubsection 6
(Administrative Regulations) of this Section;
and
iii. Upon issuance or revision of a Management
Plan, the Community Development Agency
shall transmit a copy of the Plan to ABC.
c. Any holder of an ABC license or permit that wishes
to allow customers to leave the premises with open
containers of alcoholic beverages for consumption
off the premises within the Entertainment Zone
shall provide to the Community Development
Agency a copy of the notice provided to ABC under
Section 23357, 23358, or 23396 of the California
Business and Professions Code, as applicable, at
the same time such notice is provided to ABC. In
addition, participating licensees may be required to
submit a participation agreement to the City
notifying the City of their intent to participate in the Entertainment Zone.
vi. Administrative Regulations.
1. The Executive Director of the Community Development
Agency may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, 1171
application procedures, permit conditions and
requirements, and health and safety measures. The
Director may revise these regulations from time to time as it deems appropriate. The Entertainment Zone
Management Plan shall be considered a n enforceable
administrative regulation.
2. No person shall fail to comply with the City’s administrative regulations.
vii. Periodic Review . The City, in conjunction with local law enforcement, shall review the operation of each Entertainment Zone six months aft er its activation and every 2 years following its adoption to ensure the Entertainment Zone is being
maintained in a manner that protects the health and safety of the general public. Any reports made during the review shall be made available to ABC upon request.
viii. Enforcement.
1. Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of a misdemeanor, which shall be punishable by a fine not
exceeding $1,000 dollars per violation or by imprisonment in the County Jail for a period not exceeding 6 months or by both such fine and imprisonment pursuant to Ontario
Municipal Code Section 1.2.01, “Punishment for violation.”
2. Any person who violates this Chapter, including any
administrative regulations, shall be subject to
administrative fines and administrative penalties pursuant to Ontario Municipal Code Volume 1, Chapter 5,
“Administrative Citations.”
3. Any participating licensee who violates this Chapter may be subject to suspension or revocation of their ri ght to participate in the Entertainment Zone. The City may
promulgate administrative regulations to implement this Section.
4. Any person convicted of violating this Chapter in a criminal case, or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other
1172
participating law enforcement agencies their full
investigative costs.
c. Revise Division 5.03 – Supplemental Land Use Regulations, Section
5.03.150: Drive-Thru Facilities to revise 5.03.150.E Signs to revise the maximum sign area for menu signs at 36 SF each.
d. Amend Division 5.03 – Supplemental Land Use Regulations, Section
5.03.250: Hotels, Motels, Residence Inns, and Other Similar Accommodation to add 5.03.150.G Full Service Exemption identifying that full-service upscale hotels are exempt from the requirements of this section.
e. Revise Division 5.03 – Supplemental Land Use Regulations, Section
5.03.403: Single -Family Two -Unit Projects to revise 5.03.403 E.2. to clarify that a site likely qualifies as being in a single -family residential zone if the general plan designation or zoning classification allows single-family uses as a primary use and multi ple-family uses are prohibited consistent with Senate Bill 9 and Senate Bill 450.
(4) Revise Chapter 6.0 (Development and Subdivision Regulations), Division
6.02 – Walls, Fences, and Obstructions, Section 6.02.025 Design Standards for Nonresidential Zoning Di stricts to correct internal references at 6.02.025.C.1 and
6.02.025.C.2.
(5) Revise Chapter 7.0 (Historic Preservation), Section 7.01.030 Historic Preservation Mitigation Fee, Section 7.01.030(B)(1) to allow the mitigation fee to be paid prior to the issuance of any permit for demolition or subject to the terms of an agreement approved by the City Manager and recorded against the property.
(6) Revise Chapter 8.0 (Sign Regulations), Division 8.01 – Sign Regulations, Section 8.01.020 Sign Standards for Sign Programs to include the following:
a. Revise 8.01.020.F.2 to increase the maximum sign area from 20 to 30 percent, and to allow for any other modification deemed appropriate by the Planning Director.
i. Revise 8.01.020.F.2.b to reflect the Sign Program ’s contribution to the overall design quality of the site.
ii. Amend 8.01.020.F.2.c to identify that approval of the sign program will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.
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iii. Revise 8.01.020.F.2.d to identify that any sign program deviation from the Sign Matrix table is consistent with any applicable specific plan or planned unit development.
(7) Revise Reference G: Landscape Design and Construction Guidelines, Section G.01.003.U to add that “Projects that are adjacent to Southern California Edison (SCE) easement areas shall coordinate with SCE to obtain a permit for non -irrigated hydroseeding within the easement.”; 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 responsibility and authority to review act on th e 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 a nd hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on November 25, 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 -060, recommending the City Council approve the Development Code Amendment; and
WHEREAS, on December 16 , 2025, the City Council of the City of Ontario conducted a public hearing on the Dev elopment 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: 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 infor mation contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(2) The Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guideli nes, in that the activity 1174
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: 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: The California State Aeronautics Act (Public Utilities Code Section 21670, et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with t he policies set forth in the adopted Airport Land Use Compatibility Plan.
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documen tation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2 -2) and Safety Zones (ONT ALUCP Map 2 -2), [2] Noise Criteria (ONT ALUCP Table 2 -3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2 -5). As a result, the City Council , therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (“CNO”) Overlay Zoning District ( “OZD”) and Reference I, Chino Airport Land Use Compatibility Plan (“CNO ALUCP”). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport 1175
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 c ontained 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: Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan (TOP). The Development Code Amendment will:
(a) serve to promote a community that is consistently seeking —and thoughtfully applying—new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can l ive 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 econo my and focuses City resources in commercial and residential neighborhoods.
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant en vironmental 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: 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. The documents and materials that constitute the reco rd 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.
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SECTION 7. If any section, sent ence, 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. This Ordinance shall become effective 30 days following its adoption.
SECTION 9. 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 15 days following 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.
- - - - - - - - - - - - - -
1177
PASSED, APPROVED, AND ADOPTED this 16th day of December 2025.
_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
1178
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHELIA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. was duly introduced at a regular meeting of the City Council of the City of Ontario held on December 16 , 2025, and adopted at the regular meeting held on December 16, 2025, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
SHELIA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the following is the original of Ordinance No. duly passed and adopted by the Ontario City Council at their regular meeting held on December 16, 2025, and that Summaries of the Ordinance were published on XXXX, and XXXX, in the Inland Valley Daily Bulletin newspaper.
SHELIA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:
File No. PDCA25-003
2025 Development Code Amendment No. 3
(Document to follow this page)
1180
Chapter 2.0:
Administration and Procedures
Division 2.01—Planning Agency
Division 2.02—Application Filing and Processing
Division 2.03—Public Hearings
Division 2.04—Appeals
Division 2.05—City Initiated Modification or Revocation Division 2.06—Performance Guarantees
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Ontario Development Code Page 2.01-1 (Rev. 12.01.2020)
Division 2.01—Planning Agency
Sections:
2.01.000: Purpose
2.01.005: Applicability
2.01.010: City Council
2.01.015: Planning Commission
2.01.020: Historic Preservation Commission
2.01.025: Historic Preservation Subcommittee
2.01.030: Development Advisory Board
2.01.035: Zoning Administrator
2.01.000: Purpose
GC Section 65100 provides that each city and county establish a planning agency with the powers necessary to carry out the planning and zoning functions of the jurisdiction. The purpose of this Division is to identify and establish bodies, commissions, committees, positions, boards, and departments responsible for carrying out the powers and duties of the planning agency.
2.01.005: Applicability
The functions of the planning agency are hereby assigned to the following bodies, commissions, committees, positions, boards, and departments:
A. City Council;
B. Planning Commission;
C. Historic Preservation Commission;
D. Historic Preservation Subcommittee;
E. Development Advisory Board;
F. Zoning Administrator;
G. Planning Department.
2.01.010: City Council
A. Established. The City Council's establishment, membership, and operation are recognized by OMC Title 2 (Administration), Chapter 1 (City Council), commencing with Article 1, Section 2 -
1.101.
B. Powers and Duties. The City Council shall have the authority to hear and decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code and shall 1183
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;
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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.
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Division 2.01—Planning Agency
(Rev. 12.01.2020) Page 2.01-4 Ontario Development Code
D. Meetings. The Development Advisory Board shall adopt rules and regulations to govern the procedures at meetings within the Board's jurisdiction and to set a time for such meetings.
2.01.035: Zoning Administrator
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.
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Ontario Development Code Page 2.02-1 (Rev. 11.04.202501.20.2026) 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
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(Rev. 11.04.202501.20.2026) 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
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Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-3 (Rev. 11.04.202501.20.2026) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X A A
c. Industrial developments equal to or
less than 0.45 FAR
X A A
d. Industrial developments exceeding
0.45 FAR
R X A
e. Wireless telecommunications
facilities pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this
Development Code
(1) Tier 2 facilities X A A
(2) Tier 3 facilities [2] X A A
f. All others X A A
5. Extensions of Legal Nonconforming Status
[1] (Ref: ODC Section 4.02.030)
X A A
6. Historic Preservation
a. Certificates of Appropriateness (Ref:
ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement
Structure [1]
R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X A A
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(Rev. 11.04.202501.20.2026) 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. Minor Adjustments/Alterations in the CCS
zoning district (Ref: ODC 4.02.020(C)(2)(d)
X A A
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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
13.14. 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]
14.15. Subdivisions
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
15.16. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X A A
16.17. 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
7. Fair Housing and Reasonable
Accommodation (Fair Housing Exemption) (Ref:
ODC Section 4.03.060)
X A A
8. Fair Housing and Reasonable
Accommodation (RLUIPA) (Ref: ODC Section
4.03.060)
X A A
9. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X A A
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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
10. Landscape and Irrigation Plans (Ref:
ODC Section 6.05.005)
X A A
11. Off-Site (Public) Improvement Plans (Ref:
ODC Section 6.08.040)
X A A
12. ONT ALUCP Interagency Review [7] (Ref:
ONT ALUCP)
X A[8]
13. Other Plan Checks and actions required
by this Development Code
X A A
14. Shopping Cart Retention Plans (Ref: ODC
Section 6.11.020)
X A A
15. Sign Plans (Ref: ODC Section 4.03.020) X A A
16. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X A A
17. 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
18. Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.420 (Wireless
Telecommunications Facilities)
X A A
19. Wall, Fence, and Obstructions Plans not
associated with a Development Plan (Ref: ODC
Section 6.02.005)
X A A
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Ontario Development Code Page 2.02-7 (Rev. 11.04.202501.20.2026) 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
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
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:
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Administrative Use Permit issuance;
ALUCP inter agency reviews;
Building permit issuance;
Business license issuance;
Density Bonus, without related discretionary applications; Encroachment permit issuance;
Final subdivision map approval;
Individual utility service connection and disconnection approval; Landscape and irrigation plan approval;
Lot Line Adjustment approval;
Public improvement plan approval;
Shopping cart retention plan approval;
Sign Plan approval;
Single-Family Two-Unit Developments;
Street address number issuance;
Subdivision Improvement Agreement approval;
Subdivision map corrections and amendments approval;
Temporary Use Permit issuance;
Tier 1 wireless telecommunications facility approval; Urban Lot Splits; and
Wall and/or fence plan approval.
[11] Applications that do not require a public Hearing pursuant to Note 1, above, may be reviewed and acted upon under the "Consent Calendar" portion of the Approving Authority meeting agenda. [12] Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) , and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions).
[13] A request for a density bonus, in and of itself, shall not require a General 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. 1194
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2. Application review and action shall not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits shall be deemed incomplete for filing and further processing and shall be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully cover all City processing costs.
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 1195
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(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs A.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(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:
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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.
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 1197
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(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 B.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the City may require in order to facilitate final action on the application.
(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph B.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application.
(3) The provisions of this Subsection shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2. Investigation and Report.
a. Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shall prepare a written report, which shall be transmitted to the appropriate Reviewing Authority.
b. The Planning Department 's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority.
c. During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.
3. Public Hearings.
a. The Advisory, Approving and Appeal Authorities established by Table 2.02 - 1 (Review Matrix), and which require a public hearing pursuant to the Review Matrix, shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.
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Ontario Development Code Page 2.02-13 (Rev. 11.04.202501.20.2026) 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:
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 effe ctive 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 1199
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(Rev. 11.04.202501.20.2026) Page 2.02-14 Ontario Development Code 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.
(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).
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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.
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.
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(Rev. 11.04.202501.20.2026) Page 2.02-16 Ontario Development Code 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.
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 n egative 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 1202
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Ontario Development Code Page 2.02-17 (Rev. 11.04.202501.20.2026) 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 procee d with development in accordance with the tentative map shall continue until the expiration of the building permit.
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 1203
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(Rev. 11.04.202501.20.2026) Page 2.02-18 Ontario Development Code 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 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 lim it 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
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Ontario Development Code Page 2.02-19 (Rev. 11.04.202501.20.2026)
(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 .
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 1205
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(Rev. 11.04.202501.20.2026) Page 2.02-20 Ontario Development Code 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 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. 08.19.2025)
Division 2.03—Public Hearings
Sections:
2.03.000: Purpose
2.03.005: Applicability
2.03.010: Public Hearing Notices
2.03.015: Public Hearing Procedures
2.03.020: Request for Notification
2.03.025: Failure to Receive a Public Notice
2.03.030: Cemeteries
2.03.000: Purpose
The purpose of this Division is to implement GC Division 1, Chapter 2.7 (commencing with GC Section 65090), which governs public hearing and notification procedures for consideration of legislative actions, discretionary land use and development entitlemen ts, and discretionary administrative actions. Public hearings are not required for nondiscretionary administrative permits, decisions, and actions; however, public notice may be required pursuant to this Division.
2.03.005: Applicability
A. A public hearing for a legislative action, land use or development entitlement, or any other matters pertaining to this Development Code requiring a public hearing pursuant to GC Division 1, Chapter 2.7 (commencing with GC Section 65090), shall be scheduled and heard in accordance with the provisions of this Division.
B. Public hearing notification for legislative actions, land use or development entitlements, or administrative permits, decisions, or actions shall be provided in the manner prescribed by Table
2.03-1 (Notification Matrix), below.
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
A. LEGISLATIVE ACTIONS
1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
X X X
2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X
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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
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Ontario Development Code Page 2.03-3 (Rev. 08.19.2025)
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
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(Rev. 08.19.2025) Page 2.03-4 Ontario Development Code
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:
ODC Section 4.02.045)
X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
X
h. Mills Act Cancellations [1] X X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section
4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.
X
(2) Loss of all historic and/or
cultural significance due to a catastrophe
causing a loss of integrity, or due to extensive
legally performed alterations performed after the
property was initially surveyed.
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. 08.19.2025)
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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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
10. Shopping Cart Retention Plans (Ref:
ODC Section 6.11.020)
X
11. Sign Plans (Ref: ODC Section 4.03.020) X
12. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X
13. Subdivisions
a. Certificates of Compliance (Ref:
ODC Section 4.03.025)
X
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X
e. Street Address Numbering (Ref:
ODC Section6.06.010)
X
f. Street Name Assignment (Ref: ODC
Section 6.06.010)
X
g. Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X
h. Urban Lot Splits (Ref: ODC Section
8.08.060)
X
14. Tier 1 wireless telecommunications
facility pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X
15. Walls, Fences, and Other Obstructions
Plans not associated with a Development Plan
(Ref: ODC Section 6.02.005)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS
1. Environmental Impact Reports (EIRs)
(Ref: CCR Section 15080, et seq.)
X X X
2. Exempt Projects (Ref: CCR Section
15300, et seq.)
X
3. Ministerial Projects (Ref: CCR Section
15268)
X
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Table 2.03-1: Notification Matrix
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 specified minimum 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;
(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
(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 new spaper 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 at 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.
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(Rev. 08.19.2025) 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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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 1224
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Ontario Development Code Page 2.05-3 (Rev. 12.01.2020)
ensure that the c ertificate is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.
2. Disciplinary or Punitive Revocation.
a. The Approving Authority shall have authority to revoke a Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1) The Certificate of Appropriateness or Certificate of Economic Hardship approval was obtained by fraud;
(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is not being exercised;
(3) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
(4) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(5) The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b. The Approving Authority's action to revoke a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of terminating the certificate and denying the privileges granted by the original approval and any subsequent modifications.
2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation
A. Initiation of Modification or Revocation.
1. Conditional Use Permit. It shall be the responsibility of the Zoning Administrator to determine whether reasonable grounds exist to initiate a Conditional Use Permit modification or revocation.
2. Certificate of Appropriateness or Certificate of Economic Hardship. It shall be the responsibility of the Historic Preservation Subcommittee to determine whether reasonable grounds exist to initiate a Certificate of Appropriateness or Certificate of Economic Hardship modification or revocation.
B. Hearing Notification. Upon determination that reasonable grounds exist to initiate a permit or certificate modification or revocation, the City shall:
1. Schedule a hearing before the Approving Authority, which shall be noticed pursuant to Division 2.03 (Public Hearings) of this Development Code, based upon the type of application being considered ( Note: I f Division 2.03 (Public Hearings) does not require public 1225
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(Rev. 12.01.2020) Page 2.05-4 Ontario Development Code
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. 1230
Chapter 4.0:
Permits, Actions, and Decisions
Division 4.01—Legislative Actions
Division 4.02—Discretionary Permits and Actions
Division 4.03—Ministerial (Administrative) Permits and Decisions
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Division 4.01—Legislative Actions
Sections:
4.01.000: Purpose
4.01.005: Applicability
4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments
4.01.015: Development Agreements
4.01.020: Development Code Amendments
4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)
4.01.030: Planned Unit Developments (PUD) and Amendments
4.01.035: Specific Plans and Amendments
4.01.040: Zone Changes
4.01.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of legislative actions by the appropriate Reviewing Authorities. Generally, legislative actions entail the establishment of rules, policies, or standards of general applicability, which involve the exercise of discretion and preside over considerations of public health, safety, and welfare.
4.01.005: Applicability
Whenever the public necessity, convenience, general welfare, or good planning practice so requires, the appropriate Reviewing Authorities, as prescribed by Table 2.02 -1 (Review Matrix) of this Development Code, may consider the adoption of a legislative action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the legislative action being considered.
4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing the Los Angeles/Ontario International Airport Land Use Compatibility Plan pursuant to the provisions of PUC Section 21670 et seq., whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. PUC Section 21675 requires the preparation of an Airport Land Use Compatibility Plan (ALUCP) that will provide for the orderly growth of Los Angeles/Ontario International Airport and the area surrounding the airport and will safeguard the inhabitants within the vicinity of the airport and the public in general. The City Council may, by ordinance and upon written recommendation of the Planning Commission, further amended, supplement or change the ALUCP, whenever the public necessity, convenience, general welfare, and good planning practice so requires.
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2. The Los Angeles/Ontario International Airport Land Use Compatibility Plan and any amendments thereto, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. An application for ALUCP adoption or an amendment there to, shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. An ALUCP, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below - listed findings cannot be clearly established.
1. The proposed ALUCP, or amendment thereto, will protect the public health, safety, and welfare by ensuring the orderly expansion of airports;
2. The proposed ALUCP, or amendment thereto, will minimize the public's exposure to excessive noise and safety hazards within areas around the airport to the extent that these areas are not already devoted to incompatible uses;
3. The proposed ALUCP, or amendment thereto, is consistent with the goals and policies of the general plan; and
4. The proposed ALUCP, or amendment thereto, is reasonable and beneficial, and in the interest of good planning practice.
4.01.015: Development Agreements
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Development Agreements by and between the City and persons having a legal or equitable interest in a property proposed to be the subject of an agreeme nt, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65864, et seq., the City Council may, by ordinance and upon written recommendation of the Planning Commission as to the consistency of a proposed Development Agreement with the Policy Plan (General Plan) component of The Ontario Plan, enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. It is intended that the provisions of this division shall be fully consistent and compliant with the provisions of GC Section 65864, et seq., and shall be so construed.
C. Agreement Contents.
1. A Development Agreement entered into pursuant to the provisions of this Division shall, at a minimum, include the following information:
a. Duration of the agreement;
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b. The permitted use(s) of the property;
c. The density or intensity of use;
d. The maximum height and size of proposed buildings; and
e. Provisions for reservation or dedication of land for public purposes.
2. In addition to the minimum information required by Paragraph C.1., above, the development agreement may include the following:
a. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the use(s) and to the density or intensity of development set forth in the agreement;
b. Provide that construction shall be commenced within a specified time period and that the project, or any phase thereof, be completed within a specified time;
c. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and
d. Any other such terms, conditions, and requirements as deemed necessary and proper by the City Council, including, but not limited to, a requirement for assuring to the satisfaction of the City, performance of all provisions of the development agreement in a timely fashion by the agreement holder.
D. Application Filing, Processing and Hearing. An application for Development Agreement consideration shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
E. Findings. A Development Agreement shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing that the provisions of the Agreement are consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and any applicable specific plans , an d giving supporting reasons for each finding. A Development Agreement shall be denied if one or more of the required findings cannot be clearly established.
F. Recordation of Agreement. Within 10 days following the City entering into a Development Agreement, the City Clerk shall record with the county recorder, a copy of the Agreement, which shall prescribe the land subject to the agreement. From and after the time of recordation, the Agreement shall impart notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the Agreement shall be binding upon, and the benefits of the Agreement shall inure to, all successors in interest to the parties to the agreement.
G. Amendments. A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the Agreement, or their successors in interest. Any action to amend or cancel any portion of the Agreement shall be carried out pursuant to the procedures specified in Subsection D (Application Filing, Processing and Hearing), above.
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H. Annual Review.
1. Every Development Agreement approved and executed pursuant to this Division shall be annually reviewed during the term of the Agreement, following the date of its execution.
The purpose of the review is to determine whether the holder of the Agreement has complied in good faith with the terms of the Agreement. The burden shall be placed on the holder of the Agreement to demonstrate compliance to the full satisfaction of and in a manner prescribed by the City.
2. If as a result of annual review pursuant to this Subsection the City Council finds and determines, on the basis of substantial evidence, that the holder of the Development Agreement has not complied in good faith with the terms or conditions of the Agreement, the City Council may either amend or terminate the Agreement.
I. Modification/Suspension in Compliance with State or Federal Regulations. In the event that State or Federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the Agreement shall be modified or suspended as may be necessary to comply with State or Federal laws or regulations.
4.01.020: Development Code Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing this Development Code whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance and upon written recommendation of the Planning Commission, amend, supplement, or change the ordinances codified in this Development Code whenever the public necessity, convenience, general welfare, or good zoning practice so requires.
C. Application Filing, Processing and Hearing. An application for a Development Code Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Development Code Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below - listed findings cannot be clearly established.
1. The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan; and
2. The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City .
E. Urgency Measure: Interim Ordinance. Without following the procedures otherwise required prior to the adoption of a Development Code Amendment, to protect the public safety, health, 1236
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and welfare, the City Council may adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or the Planning Department is considering or studying, or intends to study within a reasonable period. An urgency measure shall be completed pursuant to the provisions of GC Section 65858.
4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)
A. Purpose. The Policy Plan component of The Ontario Plan serves as the City's General Plan, which is mandated by State law pursuant to GC Section 65300, et seq. The purpose of this Section is to establish procedures for amending, supplementing, or changing the Policy Plan whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. Pursuant to GC Section 65358, the City Council may, by resolution and upon written recommendation of the Planning Commission, amend, supplement, or change the Policy Plan (General Plan) component of The Ontario Plan.
2. A mandatory element of the Policy Plan shall not be amended more than 4 times during any calendar year; except that this limitation shall not apply to amendments necessary for the development of residential units where at least 25 percent of the proposed units will be occupied by, or available to, persons and families of low or moderate income, as defined by HSC Section 50093.
C. Application Filing, Processing and Hearing. An application for a General Plan (Policy Plan) Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A General Plan (Policy Plan) Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. Technical Amendment Findings. The first finding (Subparagraph D.1.a, below) and any one or more of the subsequent findings (Subparagraphs D.1.b through e, below) shall justify a technical amendment:
a. The proposed amendment will not change any policy direction or intent of the Policy Plan (General Plan) component of The Ontario Plan.
b. An error or omission is in need of correction.
c. A land use designation was based on inaccurate or misleading information and, therefore, should be changed to properly reflect the policy intent of the Policy Plan (General Plan) component of The Ontario Plan.
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d. A point of clarification is needed to more accurately express the meaning of the Policy Plan (General Plan) component of The Ontario Plan, or eliminate a source of confusion.
e. A minor change in boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.
2. Entitlement/Policy Amendment Findings. The first two findings ( of the Policy Plan (General Plan) component of The Ontario Plan , below), and any one or more of the subsequent findings (Subparagraphs D.2.c through f, below), shall justify an entitlement/policy amendment:
a. The proposed change does not involve a change in, or conflict with:
(1) The Ontario Plan Vision;
(2) Any principle of the Policy Plan (General Plan) component of The Ontario Plan; or
(3) Any basic/foundational component of The Ontario Plan.
b. The proposed amendment would contribute to the achievement of the purposes of the Policy Plan (General Plan) component of The Ontario Plan, or, at a minimum, would not be detrimental to them.
c. Special circumstances or conditions have emerged that were unknown or unanticipated at the time the Policy Plan (General Plan) component of The Ontario Plan was adopted.
d. A change in policy is required to conform to changes in state or federal law, or applicable findings of a court of law.
e. An amendment is required to comply with an update of the Housing Element or change in State Housing Element law (commencing with GC Section 65580).
f. An amendment is required to address changes in public ownership of land.
3. Land Use Amendment Findings. The first four findings (Subparagraphs D.3.a through d, below), and any one or more of the subsequent findings (Subparagraphs D.3.e through h, below), shall justify an entitlement/policy amendment:
a. The proposed General Plan Amendment is consistent with the goals and policies of The Ontario Plan.
b. The proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
c. The Land Use Element is a mandatory element of the Policy Plan (General Plan) component of The Ontario Plan, which, pursuant to GC Section 65358, may be amended up to four times per calendar year, and the proposed General Plan Amendment is the first, second, third, or fourth (insert applicable amendment cycle) amendment to the Land Use Element within the current calendar year.
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d. During the amendment of the Policy Plan (General Plan) component of The Ontario Plan, opportunities for the involvement of citizens, California Native American Indian tribes (pursuant to GC Section 65352.3), public agencies, public utility companies, and civic, education, and other community groups, through public hearings or other means, were implemented consistent with GC Section 65351.
e. The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties listed in the Housing Element Sites Inventory. Furthermore, changing the land use designation of the subject property from the existing Policy Plan (General Plan) land use designation (including density, if applicable) to the proposed Policy Plan (General Plan) land use designation (including density, if applicable) will not impact the City 's Regional Housing Needs Assessment (RHNA) obligations, or the City's ability to satisfy its share of the region's future housing need.
f. The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is listed in the Housing Element Sites Inventory, and the proposed project is consistent with the number of dwelling units and density specified in the Housing Element Sites Inventory.
g. The project site is listed in the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Housing Element Sites Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element Sites Inventory is required. Removal of the subject property from the inventory will not impact the City's RHNA obligations since there are an adequate number of sites in the inventory to meet the City's RHNA obligations.
h. The proposed project is not consistent with the adopted Housing Element.
The project site is listed in the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Housing Element Sites Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element Sites Inventory is required.
Removal of the subject property from the inventory will impact the City 's RHNA obligations since there are not an adequate number of sites in the inventory to meet the City 's RHNA obligations; therefore, the following property(ies) will be added to the Housing Element Sites Inventory:
Assessor Parcel Numbers (APN) Lot Area
[insert APN] [insert lot area]
Housing Element Sites Inventory
Existing Proposed
Number of Units: [insert existing number of units] [insert proposed number of units] Assumed Density: [insert existing density] [insert proposed density]
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4.01.030: Planned Unit Developments (PUD) and Amendments
A. Purpose.
1. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing PUDs whenever the public necessity, convenience, general welfare, or good planning practice so requires.
2. The PUD is intended to:
a. Secure a fuller realization of the Policy Plan component of The Ontario Plan than would result from the strict application of present zoning district regulations;
b. Promote high standards in urban design;
c. Encourage the development of exceptionally high quality, mixed-use, high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and
d. Ensure harmonious relationships with surrounding land uses.
B. Authority.
1. Pursuant to GC Section 65850, the City Council may, by ordinance and upon written recommendation of the Planning Commission, adopt, amend, supplement or change regulations pertaining to the use of buildings, structures, and land; and establish development standards governing: building location, height, bulk, number of stories, and size; the size and use of lots, yards, courts, and other open spaces; lot coverage; the intensity of land use; o ff-street parking and loading; and signage, whenever the public necessity, convenience, general welfare and good planning practice so requires.
2. A PUD shall be required for those properly identified areas shown on Exhibit LU -05 (Additional Plans Required Map) of The Ontario Plan, and may be allowed on those properties located within the growth areas described on Exhibit LU -04 (Generalized and Growth Areas) of The Ontario Plan and in conjunction with mixed-use developments.
3. A PUD, and any amendments thereto, adopted pursuant to this Division shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. An application for Planned Unit Development adoption or amendment thereto, shall be filed, processed, and heard pursuant to Section
2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A PUD, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below - listed findings cannot be clearly established.
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1. The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
3. In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4. In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
5. The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan.
4.01.035: Specific Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Specific Plans whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. Pursuant to GC Section 65450, et seq., the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.
2. A Specific Plan and any amendments thereto, adopted pursuant to this Division, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, an application for Specific Plan adoption or amendment shall be filed, processed and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Specific Plan, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below - listed findings cannot be clearly established.
1. The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City ; 1241
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3. In the case of an application affecting specific property(ies), the proposed Specific Plan, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4. In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
4.01.040: Zone Changes
A. Purpose. The purpose of this Section is to establish procedures for amending or changing the zoning boundaries or zoning classification (Zone Change) of any property within the City whenever the public necessity, convenience, general welfare, or good planning pract ice so requires.
B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance, and upon written recommendation of the Planning Commission, change the zoning boundaries or classification of any property within the City, whenever the public necessit y, convenience, general welfare, or good zoning practice so requires.
C. Application Filing, Processing and Hearing. An application for Zone Change shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Zone Change, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
3. The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4. The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
E. Prezoning of Unincorporated Territory. The prezoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council in the form of a request to the Planning Commission that it consider the prezoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be prezoned. A Prezone shall be completed pursuant to GC Section 65859 and this Section and shall become effective at the same time annexation of territory to the City becomes effective. 1242
Ontario Development Code Page 4.02-1 (Rev. 12.03.202401.20.2026) Division 4.02—Discretionary Permits and Actions
Sections:
4.02.000: Purpose
4.02.005: Applicability
4.02.010: Billboard Relocation Agreements
4.02.015: Conditional Use Permits
4.02.020: Departures from Development Standards ( Minor Adjustments/Alterations and Variances)
4.02.025: Development Plans
4.02.030: Extensions of Legal Nonconforming Status
4.02.040: Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
4.02.045: Historic Preservation— Rescind or Amend the Status of a Historic Resource
4.02.050: Historic Preservation —Certificates of Appropriateness and Demolition of Historic Resources
4.02.055: Historic Preservation—Certificates of Economic Hardship
4.02.060: Historic Preservation—Conservation Plans
4.02.065: Historic Preservation— Mills Act Contracts
4.02.070: Master Plans and Amendments
4.02.075: Sign Programs
4.02.080: Specific Plan Minor Amendments/Alterations
4.02.090: Subdivisions—Reversions to Acreage
4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps
4.02.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of discretionary permits or actions. A discretionary permit or action, as established by Table 2.02 -1 (Review Matrix) of this Development Code, includes projects that require the exercise of judgment or deliberation when making a decision to approve, conditionally approve, or deny a particular activity.
4.02.005: Applicability
The Reviewing Authorities prescribed by Table 2.02 -1 (Review Matrix) of this Development Code, shall consider a discretionary permit or action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the discretionary permit or action being considered.
4.02.010: Billboard Relocation Agreements
A. Purpose. The purpose of this Section is to establish a procedure to reduce the overall number of legally established nonconforming billboards within the City, allowing billboards to be relocated to locations within the City that are more suitable, and provide for more attractive, aesthetically pleasing billboard designs. In addition, Billboard Relocation Agreements are intended to reduce or eliminate the City's obligation to pay compensation for the removal of legal 1243
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(Rev. 12.03.202401.20.2026) Page 4.02-2 Ontario Development Code nonconforming billboards. Billboard Relocation Agreements are part of the City 's demonstrated commitment to improve its overall aesthetic appearance.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, upon written recommendation of the Advisory Authority, is hereby empowered to approve, approve in modified form, or deny a Billboard Relocation Agreement for the relocation of legally established nonconforming billboards within the City, to a relocation site established pursuant to this Section, provided a minimum of two existing legal nonconforming billboards are removed.
2. Existing legally established nonconforming billboards may be relocated only as part of a Billboard Relocation Agreement.
3. A relocated billboard proposed pursuant to this Section shall require the concurrent filing of a Sign Plan application pursuant to Section 4.03.020 (Sign Plans) of this Development Code.
C. Definitions. For the purposes of this Section, the following definitions shall apply:
1. "Major Gateway " means an entry into the City through a major transportation corridor or node (e.g., airport, arterial, and rail lines).
2. "Regionally Significant" means a use that supports activities or economies at a scale greater than that of a single jurisdiction, drawing predominately from a market area that extends at least 20 miles beyond the City limits.
3. "Underdeveloped" means a lot that is not developed to its highest and best use.
4. "Visual Clutter" means disorganized, distracting, and/or competing graphics within public view, which contribute to visual blight.
D. Relocation Sites and Billboard Design Criteria. Generally, relocation sites are restricted to areas that are recognized as major gateways into the City, within or adjacent to a regionally significant project. The following considerations shall serve as guidelines for the placement and design of relocated billboards:
1. Site Criteria. The below-listed considerations shall serve as general guidelines for use by applicants and the City in the identification of potential suitable billboard relocation sites.
Specific sites within suitable areas will be negotiated through the Billboard Relocation Agreement process.
a. The area is developed with a legally established allowed use that is regionally significant;
b. The area does not have excessive visual clutter;
c. The proposed relocated billboard would be compatible with uses and structures on the site, and in the surrounding area;
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e. The proposed billboard would not interfere with on -site parking or landscaping required by City ordinance or permit.
2. Prohibited Sites. No Billboard shall be relocated to a site if it meets any of the following criteria:
a. The site is adjacent to any freeway (Interstate 10, Interstate 15, or State Route 60) or Euclid Avenue;
b. The site is located within the AG (Interim Agricultural Overlay) zoning district;
c. The site is undeveloped or underdeveloped;
d. The site is within 3,000 FT of property located within a residential land use district shown on the Land Use Plan (Exhibit LU-01) of the Policy Plan (General Plan) component of The Ontario Plan; and
e. The site is within 3,000 FT of an existing billboard or electronic message center.
f. Interagency Relocation Exception. Notwithstanding the foregoing, a billboard may be relocated from a location outside the City, to any location within the City, pursuant to an agreement approved at the discretion of the City Council, between the City and another public agency, so long as the following findings can be clearly established :
(1) A minimum of 6 existing , legal nonconforming billboards shall be removed, at least 5 of which must be currently located within the City;
(2) The billboard's relocation is necessitated by work being performed on the same freeway as the planned new site for the billboard; and
(3) The public health safety and welfare are not impaired by the relocation.
3. Design Criteria. Typical billboard design with a large sign area mounted on a pole is not permitted. Pylon-type signs, which are structural elements with architectural treatment, are required. Suitable design shall be based on the following considerations:
a. The design should be integrated into the design scheme of the surrounding area and/or buildings;
b. The design shall provide architectural interest for the structure; and
c. The design shall incorporate a top and base treatment to the billboard structure;
E. Candidate Billboards for Relocation. The following considerations shall serve as general guidelines in identifying candidate billboards for relocation:
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1. Areas of general priority for removal and relocation include redevelopment project areas, areas along major thoroughfares leading into commercial districts, areas visible to freeways and highways, and streets upon which billboards are heavily concentrated and contribute to existing visual clutter.
2. Candidate billboards must be legally established non -conforming billboards.
Illegally placed billboards shall not be candidates for Billboard Relocation Agreements.
F. Application Filing, Processing and Hearing. A Billboard Relocation Agreement application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
G. Findings. A Billboard Relocation Agreement shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The Agreement shall be denied if one or more of the below -listed findings cannot be clearly established.
1. The Billboard Relocation Agreement is consistent with the goals, policies, plans and exhibits of The Ontario Plan, the requirements of the Development Code, and any applicable specific plans, area plans, or planned unit developments;
2. The proposed relocation site is compatible with uses and structures on the site and in the surrounding area;
3. The Billboard Relocation Agreement contributes to the reduction of visual clutter in the City;
4. The proposed site complies with the relocation criteria established by this Section; and
5. The proposed billboard will not create a traffic or safety problem with regard to on- site access, circulation, or visibility.
4.02.015: Conditional Use Permits
A. Purpose. The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of techn ological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Conditional Use Permit, and to impose reasonable conditions upon the approval of the application.
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2. Conditional Use Permit approval shall be required prior to: [i] the establishment of those land uses, activities and facilities so identified in Table 5.02 -1 (Land Use Matrix) of this Development Code; [ii] the conversion of any existing residential development project for sale, transfer, or conveyance as a common interest project pursuant to Section 6.08.045 ( Conversion to a Residential Common Interest Project); [iii] the conversion of any existing commercial or industrial development project for sale, tra nsfer, or conveyance, as a common interest project pursuant to Section 6.08.050 (Conversion to a Commercial or Industrial Common Interest Project); and [iv] the alteration/expansion of a nonconforming nonresidential land use or structure pursuant to Subsection 3.01.020.J ( Alteration and/or Expansion of a Nonconforming Nonresidential Structure) of this Development Code.
C. Application Filing, Processing and Hearing. A Conditional Use Permit application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Conditional Use Permit shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below - listed findings cannot be clearly established.
1. The scale and intensity of the proposed land use would be consistent with the scale and intensity of land uses intended for the particular zoning or land use district.
2. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan .
3. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Development Code and any applicable specific plan or planned unit development.
4. The proposed use at the proposed location would be consistent with the provisions of the Airport Land Use Compatibility Plan.
5. The establishment, maintenance, and operation of the proposed u se at the proposed location would not be detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
E. Conditions of Approval.
1. In approving a Conditional Use Permit, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
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2. The conditions imposed on Conditional Use Permits may include provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements (public and private), site design, operational characteristics, land use compatibility, general character, appearance, environmental impact, time limits for commencement or termination of the construction or use authorized, revocation and use termination dates, and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.
3. A copy of the approving decision or resolution, and related conditions of approval (if any) issued by the Approving Authority shall be maintained on site and shall be made available for inspection upon demand by a City representative.
4. A Conditional Use Permit shall only apply to the approved particular use on a particular property, which may be transferred from one owner of the property to another successive owner of the same property.
5. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Conditional Use Permit Modification/Revision.
1. Conditional Use Permit s and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Conditional Use Permit, following the procedures set forth in this Section for Conditional Use Permit approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
G. Voluntary Surrender of a Conditional Use Permit. A Conditional Use Permit approved pursuant to this Development Code may be voluntarily surrendered, in writing, by the affected property owner. The procedure for Conditional Use Permit surrender shall be as follows:
1. The Reviewing Authority originally approving the subject Conditional Use Permit shall set a date and time on which the request will be considered. Notice of the hearing shall be given pursuant to Division 2.03 (Public Hearings) of this Development Code.
2. The notice shall indicate that any interested person may make a written request at any time prior to the advertised public hearing, or may request in person at the time of the advertised hearing, that a public hearing be held at the advertised date and time. If no hearing is requested, the Reviewing Authority may decide on the matter without a public hearing. If a 1248
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Ontario Development Code Page 4.02-7 (Rev. 12.03.202401.20.2026) public hearing is requested, the Reviewing Authority shall conduct the public hearing pursuant to Division 2.03 (Public Hearings) of this Development Code.
3. The Reviewing Authority shall deny the surrender of the Conditional Use Permit only if it can be clearly shown that there is a compelling government interest in maintaining the Conditional Use Permit.
4. The decision of the Reviewing Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
4.02.020: Departures from Development Standards (Minor Adjustments/Alterations and Variances)
A. Purpose. The purpose of this Section is to establish procedures by which departures from certain development standards may be permitted by this Development Code when certain specified circumstances exist.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny certain departures from certain development standards established by this Development Code, and to impose reasonable conditions upon the approval of such request.
2. The City 's authority to grant departures from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.
C. Minor Adjustments/Alterations.
1. Purpose. Minor Adjustments/Alterations , like Variances, are intended to allow for departures from the strict application of the numerical development standards established by this Development Code, when their strict application would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the development regulations. Minor Adjustments/Alterations, however, are determined to have a lesser (minor) measure of impact than Variances, due to the limited measure of adjustment allowed; therefore, requiring a modified review process.
2. Applicability.
a. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Minor Adjustment/Alteration, and to impose reasonable conditions upon the approval of the application.
b. Minor Adjustments/Alterations may be approved for:
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(Rev. 12.03.202401.20.2026) Page 4.02-8 Ontario Development Code (1) A reduction of up to 25 percent from minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; or
(2) A 10 percent increase in the maximum height of structures.
c. A Minor Adjustment/Alteration shall not be approved for reductions in minimum lot size, lot coverage, lot dimension, landscape coverage, parking requirements, or for an increase in maximum density or floor area ratio.
c.d. Notwithstanding the above, a Minor Adjustment/Alternation may be approved in the CCS (Convention Center Support Commercial) zoning district within the Ontario Sports Empire for [i] a reduction up to 5 0 percent of the minimum setback and separation requirements, except for nonresidential setback requirements along property lines that are common with any residentially zoned property , and [ii] the encroachment of b alconies into a required street -facing property line setback up to a maximum of 66 percent of the required setback, and not to exceed 10 FT.
3. Application Filing, Processing and Hearing.
a. A Minor Adjustment/Alteration shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
b. The applicant and the owners of all properties having a property line common with the affected property shall be notified of the proposed Minor Adjustment/Alteration pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code. Furthermore, the notice shall state that a public hearing shall not be required unless requested by the applicant, an abutting property owner, or other affected person or entity.
c. A public hearing, if requested, shall be conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.
d. If no public hearing is requested, the Zoning Administrator shall approve, approve in modified form, or deny a Minor Adjustment/Alteration no less than 10 days following distribution of the notice required by Subparagraph D.3.b, above.
4. Findings and Decision. A Minor Adjustment/Alteration shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below - listed findings cannot be clearly established.
a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code;
b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district;
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Ontario Development Code Page 4.02-9 (Rev. 12.03.202401.20.2026) c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Minor Adjustment/Alteration will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.
e. The proposed Minor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan , and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.
5. Conditions of Approval.
a. In approving a Minor Adjustment/Alteration, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
D. Variance.
1. Purpose. The City's authority to grant a Variance from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.
2. Applicability.
a. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the Approving Authority, is hereby empowered to approve, approve in modified form, or deny a Variance application, and to impose reasonable conditions upon the approval of the application.
b. A Variance may be approved to allow deviation from any numerical development standard established by this Development Code with respect to minimum and/or maximum dimension, area, mass, and quantity, except that a Variance shall not be granted for increases in maximum density or floor area ratio.
c. A variance shall not be approved on a lot that authorizes a use or activity that is not otherwise expressly authorized by the zoning district governing the affected lot, nor shall the power to approve a Variance extend to any public health or safety standard, as this authority has been precluded by state laws.
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3. Application Filing, Processing and Hearing . A Variance application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
4. Findings and Decision. A Variance shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code;
b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district;
c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.
e. The proposed Variance is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.
5. Conditions of Approval.
a. In approving a Variance, the Approving Authority, as applicable, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project w ill not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
4.02.025: Development Plans
A. Purpose. The purpose of this Section is to:
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1. Establish a review process whereby the integrity and character of the physical fabric of the City will be protected in a manner consistent with the goals and policies of The Ontario Plan. This is ensured through the review of:
a. The suitability of building location;
b. Location and design of off-street parking and loading facilities;
c. Location, design and dedication of streets and alleys (public and private facilities);
d. Location and design of pedestrian and vehicular entrances and exits;
e. Location, design, materials and colors of walls and fences;
f. Location, design, size, and type of landscaping (public and private facilities);
g. Location, design, and materials of hardscape areas, such as patios, sidewalks and walkways (public and private facilities);
h. Drainage and off-site improvements (public and private facilities);
i. Compatibility with the surrounding area;
j. Exterior building architectural design, materials and colors;
k. Quality of proposed design and construction;
l. Location, type, design, colors, and materials of signs; and
m. Any conditions affecting the public health, safety, welfare, and general aesthetic of the community.
2. Protect and preserve the value of properties and to encourage high quality development throughout the City, whereas adverse effects would otherwise result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildings and struc tures; inadequate and poorly planned landscaping; and failure to preserve, where feasible, natural landscape features, and open spaces.
3. Recognize the interdependence of land values and aesthetics, and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements consistent with The Ontario Plan, with due regard to the public and private interests involved.
4. Ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities are protected by the exercise of reasonable controls over the character and design of private buildings, structures, parking and loading facilities, landscaped areas, recreation amenities and open spaces.
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5. Ensure the design of landscaping and irrigation that shades parking facilities and other paved areas, buffers or screens undesirable views and compliments building architecture and overall site design.
6. Ensure reasonable controls over the character, design and location of signs, and the appropriate use of well- designed signs that complement the architecture of surrounding buildings, while considering the public and private interests involved and the exerc ise of control over the undesirable use of excessive signage.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Development Plan application, and to impose reasonable conditions upon a Development Plan approval.
2. Development Plan approval shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building, as follows:
a. The development of 3 or more dwelling units on a single lot;
b. The development of 5 or more lots within a residential subdivision;
c. The development of 5 or more dwelling units, regardless of the number of lots involved;
d. The development of a nonresidential building within a residential zoning district, or an addition thereto, which is in excess of 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
e. The development of a vacant lot within a nonresidential zoning district;
f. The conversion of a commercial structure to a residential structure , or conversion of a residential structure to a commercial structure;
g. The remodel of, or addition to, an existing nonresidential building, which results in an overall change in the architectural/aesthetic integrity, as determined by the Planning Director;
h. The remodel of, or addition to, a nonresidential building, which would result in the demolition and replacement/reconstruction of more than 50 percent of the existing building;
i. The conversion of a gasoline or fueling station to facilitate another allowed land use (see standards contained in Subsection 5.03.040,C ( Conversion of Gasoline and Fueling Stations) of this Development Code);
j. An a ddition to an institutional facilit y (including religious assembly and places of worship, government services, healthcare services, and educational services), when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
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Ontario Development Code Page 4.02-13 (Rev. 12.03.202401.20.2026) k. Commercial developments and the development of a permanent building within the CIV, OS-R, OS-C, or UC zoning district, when such development would exceed 500 SF of GFA (cumulative), or an addition thereto , when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
l. The development of a permanent building within the AG zoning district, when such development would exceed 5,000 SF of GFA (cumulative) , or an addition thereto , when such addition would exceed 25 percent of the original structure GFA or 5,0 00 SF (cumulative), whichever is less;
m. The relocation (move-on) of a building within any zoning district;
n. The addition of dwelling units to a multiple-family residential development project, when such addition would result in 3 or more dwelling units on a single lot after the addition;
o. An addition to a previously developed site within a commercial zoning district, when such addition would exceed 25 percent of the original structure GFA or 2,000 SF (cumulative), whichever is less;
p. An addition to a previously developed site within an industrial zoning district, when such addition would exceed 25 percent of the original structure GFA or 10,000 SF (cumulative), whichever is less;
q. A Tier 2 or Tier 3 wireless telecommunications facility pursuant to Section
5.03.420 (Wireless Telecommunications Facilities) of this Development Code; and
r. Other projects, which, in the opinion of the Planning Director, require such level of review prior to issuance of a building permit , due to the size, nature and/or complexity of the project, or because the project could cause significant environmental impacts or generate significant neighborhood opposition or controversy.
3. A Development Plan shall remain in effect for the life of the affected development project, which shall be developed and maintained in substantial conformance with the plans as approved by the Approving Authority and shall be maintained on file with the City.
C. Application Filing, Processing and Hearing. A Development Plan application , except for wireless telecommunications facilities in the public right -of-way and facilities qualifying as Eligible Facilities Requests (EFRs), shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Applications to install wireless telecommunications facilities in the public right-of-way and for facilities qualifying as EFRs shall be filed and processed pursuant to the following:
1. Scope. There shall be a type of permit entitled a "Wireless Permit," which shall be subject to all of the requirements of this Section. Unless exempted, every person who desires to place a wireless telecommunications facility in the public right-of-way, modify an existing wireless telecommunications facility in the public right -of-way, or perform work as part of an EFR must obtain a Wireless Permit authorizing the placement or modification in accordance with this Section. Except for small cell facilities, facilities qualifying as EFRs, or any other type of facility expressly allowed in the public right -of-way by state or federal law, no other wireless telecommunications facilities shall be permitted pursuant to this Section.
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2. Approving Authority. The Zoning Administrator is the approving authority for wireless telecommunications facilities in the public right-of-way and facilities qualifying as EFRs.
3. Application Submittal. Applications shall be submitted on a City application form issued and amended, from time-to-time, by the Zoning Administrator.
4. Review and Action.
a. The Zoning Administrator shall review the application and then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Paragraph C.5 (Appeals), below.
b. The wireless regulations and decisions on applications for placement of wireless telecommunications facilities in the public right -of-way and facilities qualifying as EFRs shall, at a minimum, ensure that the requirements of this Section are satisfied, unless it is determined that Applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. I f that determination is made, the requirements of this Development Code may be waived by the Zoning Administrator, but only to the minimum extent required to avoid the prohibition or violation.
c. There will be no public hearings.
5. Appeals. The Applicant may appeal the decision to the Planning Commission, which may decide the issue de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility. Where the Zoning Administrator grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the Planning Commission. All appeals must be filed within 2 business days of the written decision of the Zoning Administrator, unless the Zoning Administrator extends the time therefore. An extension may no t be granted where extension would result in approval of the application by operation of law. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
D. Findings and Decision. A Development Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established. Findings 1-4 do not apply to applications for wireless telecommunications facilities in the public right -of-way or facilities qualifying as EFRs, which are subject to the findings set forth by Paragraph 5, below.
1. The proposed development at the proposed location is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed development is compatible with those on adjoining sites in relation to location of buildings, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located; 1256
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3. The proposed development will complement and/or improve upon the quality of existing development in the vicinity of the project and the minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project;
4. The proposed development is consistent with the development standards and design guidelines set forth in the Development Code, or applicable specific plan or planned unit development.
5. Required findings for wireless telecommunications facilities in the public right -of- way and facilities qualifying as EFRs are as follows:
a. Except for EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1) The facility is not detrimental to the public health, safety, and welfare;
(2) The facility complies with this Development Code and all applicable design and development standards; and
(3) The facility meets applicable requirements and standards of state and federal law.
b. For EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1) That the application qualifies as an eligible facilities request; and
(2) That the proposed facility will comply with all generally applicable laws.
E. Conditions of Approval.
1. In approving a Development Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project w ill not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. Conditions of approval imposed upon a Development Plan approval may include, but is not limited to, provisions concerning building height, bulk or mass; setbacks; lot coverage; lighting; private and common open space, and/or recreation amenities; screening , including garages, trash receptacles, mechanical and roof -mounted equipment and appurtenances; landscaping; walls and fences; vehicular parking, access and circulation; pedestrian circulation; on-site security; grading; street dedication and improvements (public and private); on and off-site public improvements (public and private) necessary to service the proposed development; 1257
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3. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Development Plan Modifications/Revisions.
1. Development Plans and/or their conditions of approval may be modified/revised upon application by a project applicant or property owner if different from the applicant. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Development Plan, following the procedures set forth in this Section for Development Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.030: Extensions of Legal Nonconforming Status
A. Purpose. The purpose of this Section is to establish a process whereby the date that a legal nonconforming use would lose its legal nonconforming status pursuant to Section 3.01.015 (Nonconforming Land Use) of this Development Code, may be extended to allow additional time to complete the sale of the affected property or structure, secure tenants for the affected property or structure, and/or obtain necessary permits or the completion of necessary improvements.
B. Applicability. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Extension of Legal Nonconforming Status application, and to impose reasonable conditions upon the approval of the application.
1. The submittal of an application requesting an Extension of Legal Nonconforming Status shall automatically extend the legal nonconforming status of a land use or structure for an initial period of 60 days to allow for the processing of the request pursuant to the procedures prescribed by this Section. The Zoning Administrator may then approve an additional 120 -day extension, for a total of 180 days.
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2. If due to unforeseen circumstances, a property/structure owner is unable to complete the sale of the affected property, secure necessary tenants for the property or structure, and/or obtain necessary permits and complete all necessary tenant improvements t o allow for occupancy of the affected property or structure within the period established by Subsection B.2, above, (180 days), the Approving Authority may grant additional extensions, not to exceed a total of one-year.
C. Application Filing, Processing and Hearing. An Extension of Legal Nonconforming Status application shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. An Extension of Legal Nonconforming Status shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and comments and testimony provided by the public, only after considering and clearly establishing all of the below -listed findings, and giving reasons in support of each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The applicant has made a good faith effort to keep the nonconforming status;
2. A physical and/or economic hardship has prevented the nonconforming use from being reestablished prior to the expiration date;
3. Approving the extension will not adversely affect the character, integrity, or value of surrounding properties;
4. Approving the extension will not adversely affect the character, integrity, or general welfare of the neighborhood; and
5. The extension will not adversely impact the public health, safety, or welfare of the City's residents.
E. Conditions of Approval.
1. In approving an Extension of Legal Nonconforming Status, the Approving Authority, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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4.02.040: Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
A. Purpose. The purpose of this Section is to establish procedures by which Local Historic Landmarks and Districts, Historic Resource Tiering, and Architectural Conservation Areas may be designated
B. Applicability.
1. Designation of Historic Landmarks and Districts, Historic Resource Tiering and Architectural Conservation Areas. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation —Historic Landmark and District Designations, Historic Resource Tiering and Architectural Conservation Areas application.
2. Local Landmark Designation. A historic resource may be designated an "historic landmark" by the City if it meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
a. The historic resource exemplifies or reflects special elements of the City 's history;
b. The historic resource is identified with persons or events significant in local, state, or national history;
c. The historic resource is representative of the work of a notable builder, designer, architect, or artist;
d. The historic resource embodies distinguishing architectural characteristics of a style, type, period, or method of construction;
e. The historic resource is a noteworthy example of the use of indigenous materials or craftsmanship;
f. The historic resource embodies elements that represent a significant structural, engineering, or architectural achievement or innovation;
g. The historic resource has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community, or the City;
h. The historic resource is one of the few remaining examples in the City, region, state or nation, possessing distinguishing characteristics of an architectural or historical type or specimen: or
i. The historic resource has yielded, or is likely to yield, information important to the City's history or prehistory.
3. Local Historic District Designation. A neighborhood or area listed as a historic resource may be designated a " Local Historic District" by the City if the neighborhood meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
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a. The historic resource is a geographically definable area possessing a concentration of historic resources or a thematically related grouping of structures that contribute to each other and are unified by plan, style, or physical development, and embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values;
b. The historic resource reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design, or community planning;
c. The historic resource is associated with, or the contributing resources are unified by, events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; or
d. The historic resource is, or the contributing resources are, associated with the lives of persons important to the City, State or National history.
4. Additional Historic Resource Evaluation Criteria . In addition to the " significance," criteria established in Paragraph B.2 (Local Landmark Designation) and Paragraph B.3 (Local Historic District Designation) of this Section, historic resources must have "integrity" for the time in which they are "significant." The period of "significance" is the date or span of time within which significant events transpired or significant individuals made their important contributions. The term "integrity" means the authenticity of a historical resource 's physical identity, as evidenced by the survival of characteristics or historic or prehistoric fabric that existed during the resource 's period of significance. Only after significance has been established, should the issue of integrity be addressed. The following criteria should be considered when evaluating properties for integrity:
a. Design. Any alterations to the property should not have adversely affected the character defining features of the property. Alterations to a resource or changes in its use over time may have historic, cultural or architectural significance.
b. Setting. Changes in the immediate surroundings of the property (e.g., buildings, land use and topography) should not have adversely affected the character of the property.
c. Materials and Workmanship. Any original materials should be retained, or if they have been removed or altered, replacements have been made that are compatible with the original materials.
d. Location. The relationship between a property and its location is an important component in determining integrity. The place where the property was built and where historic events occurred is often important to understanding why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in a few cases, the relationship between a property and its historic associations is destroyed if the property is moved.
e. Feeling. The term "feeling" means a property's expression of the aesthetic or historic sense of a particular period. It results from the presence of physical features that, taken together, convey the property's historic character. For example, a rural historic district, such as the 1261
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f. Association. The term "association" means the direct link between an important historic event or person, and a historic property. A property retains its association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like "feeling," association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War battlefield, whose natural and manmade elements have remained intact since the 18th century, will retain its quality of "association" with the battle.
Because "feeling" and "association" depend upon individual perceptions, their retention alone is never sufficient to support eligibility. Historic resources must retain enough of their historic or prehistoric character or appearance to be recognizable as historic resources, and to convey the reasons for their significance.
C. Application Filing, Processing, and Hearing. Historic Preservation—Historic Landmark and Historic District Designation applications shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Section.
All eligible historic resources nominated for designation as a Landmark or a Historic District shall be evaluated, processed, and designated a Tier pursuant to Subsection G (Historic Resource Tiering System) of this Section, concurrently with the application for landmark or historic district designation.
D. Local Historic Landmark and District Designation Application Findings and Decision.
1. Within the 30-day period following acceptance of a Historic Preservation —Historic Landmark and District Designations application as complete pursuant to the applicable provisions contained in Section 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Advisory Authority shall make a preliminary determination as to whether the requested Local Historic Landmark or Local Historic District designation is appropriate, based upon the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section. If it is determined that the proposed resource merits further consideration, the application shall be forwarded to the subsequent Advisory Authority. If the proposed resource does not merit further consideration due to failure of the property to meet the applicable designation criteria, the application shall be denied.
2. Upon receipt of the Advisory Authority's recommendation, the subsequent Advisory Authority shall make a recommendation to the Approving Authority to grant or deny a Historic Preservation—Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department's written report, after considering and clearly establishing the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion.
3. The Approving Authority may grant or deny a Historic Preservation —Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department 's written report, after considering and clearly establishing the applicable designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion. 1262
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E. Permits. No building, alteration, demolition, or removal permits for any proposed Local Landmark or Local Historic District shall be issued after a Historic Preservation—Landmark or District Designation application has been filed with the Planning Department, until such time that any public hearing or appeal proceedings regarding the application have been completed.
F. Automatic Designations.
1. Any property listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic Landmark.
2. Any neighborhood or area listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic District.
3. Any property identified as a contributing structure to a historic district listed on the National Register of Historic Places or the California Register of Historic Resources shall be considered a contributing structure within the historic district.
G. Historic Resource Tiering System. The Historic Preservation Commission shall be responsible for the adoption of the Historic Resource Tier Designation List, which shall be maintained by the Historic Preservation Subcommittee. A historic resource may be designated " Tier I, Tier II, or Tier III " by the Approving Authority established pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, to establish a ranking of historic resources within the City, based upon the determined significance of each resource, as specified below. For the pu rpose of this Section, upon determining the appropriate tier designation for a historic district, the Approving Authority may rank all contributing structures within that district into the same tier designation. Tier I, II and III historic resources shall be judged based upon their determined degree of significance, pursuant to the criteria contained in Subsection H (Historic Resource Tiering Criteria) of this Section.
1. Tier I. Tier I consists of historic resources that should not be demolished or significantly altered under any circumstances, regardless of their designation status. Resources within this tier are determined to be the City's most significant historical or cultural resources. Tier I resources shall meet one or more of the following:
a. A resource listed on the Ontario Register that meets at least one of the criteria within the Architecture/Form category, and 3 criteria within the History category, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or
b. A contributing resource within a district that meets at least one of the criteria within the Architecture/Form Category and 3 criteria within the History Category as listed below.
2. Tier II . Tier II consists of historic resources wherein demolition of these properties should be avoided. Tier II resources shall meet one or more of the following:
a. Any historic resource listed or determined eligible for listing in the National Register of Historic Places;
b. Any historic resource listed or determined eligible for listing in the California Register of Historic Resources;
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(Rev. 12.03.202401.20.2026) Page 4.02-22 Ontario Development Code c. A historic resource listed on the Ontario Register and meets at least 2 criteria within the Architecture/Form or History categories, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or
d. A contributing resource within an eligible historic district wherein the district meets at least 2 of the criteria in either the Architecture/Form or History categories as listed in Subsection H (Historic Resource Tiering Criteria) of this Section.
3. Tier III. Tier III consists of historic resources that are Designated Local Historic Landmarks, are contributing properties within Designated Local Historic Districts, or are eligible historic resources. Demolition of these resources should be avoided where possible but may be appropriate under certain circumstances.
H. Historic Resource Tiering Criteria. The following listing contains criteria to be used in determining the Tier designation of a historic resource:
1. Local Historic Landmark.
a. Architecture/Form.
(1) The resource is prototypical, or one of the finest examples, of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or
(2) The resource is the first, last, only, or one of the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
b. History.
(1) The resource is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation;
(2) The resource is associated with a business, company, or individual that has made a significant cultural, social, or scientific contribution to the City, State, or Nation;
(3) The resource is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation;
(4) The resource embodies the ideals or principles of the "Model Colony" or furthers the ideals or principals established by the Chaffey Brothers;
(5) The resource has a direct relationship to one of the principal historic contexts in the City' s history, including the " Model Colony, " (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry;
(6) The resource is related with a business, company, or individual significant in the agricultural history of the City; or
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Ontario Development Code Page 4.02-23 (Rev. 12.03.202401.20.2026) (7) The resource is related to the archeological past of the region.
2. Local Historic Districts.
a. Architecture/Form.
(1) The district contains resources that are a prototype of, or one of the finest examples of, or the first, last, only, or few remaining groupings of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate ; or
(2) The district contains resources that are the first, last, only, or the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
b. History.
(1) The district is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation;
(2) The district is associated with a business, company, or individual that has made a significant, cultural, social, or scientific contribution to the City, State, or Nation;
(3) The district is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation;
(4) The district embodies the ideals or principles of the "Model Colony," or furthers the ideals or principals established by the Chaffey Brothers;
(5) The district has a direct relationship to one of the principal historic contexts in the City' s history, including the " Model Colony, " (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry, or the citrus industry; or
(6) The district is related with a business, company, or individual significant in the agricultural history of the City.
I. Architectural Conservation Area. An area may be designated an " Architectural Conservation Area " by the Approving Authority if the area meets any one of the below -listed criteria; however, these criteria do not evaluate for historic significance. As a result, properties within Architectural Conservation Areas are not qualified for historic landmark or historic district consideration. The criteria for establishing an Architectural Conservation Area are as follows:
1. The area is geographically definable and conveys a sense of architectural cohesiveness through its design, setting, materials, workmanship, or association; or
2. The area reflects significant geographical patterns, including those associated with different areas of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design or community planning, or represents established and familiar visual features in the community.
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3. Alternately, an area may be designated an Architectural Conservation Area by the City if a conservation plan has been prepared pursuant to Section 4.02.055 (Historic Preservation—Conservation Plans), outlining the character defining features of the neighborhood and appropriate design guidelines that will maintain the character of the neighbor hood.
4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource
A. Purpose. The purpose of this Section is to establish a process by which a historic resource may rescind or amend its assigned status, including a Local Landmark or Local District Designation, a Tier Designation, an Eligibility Determination, or an Architectural Conservation Area.
B. Applicability. The Approving Authority for the original application type, pursuant to Table
2.02-1 (Review Matrix) of this Development Code, is hereby empowered to approve, approve in modified form, or deny a request to rescind or amend the assigned status of a Local Historic Landmark or Local Historic District Designation, Tier Designation, Eligibility Determination, or Architectural Conservation Area.
C. Addition to the Ontario Register. Any property or grouping of properties surveyed at the intensive level pursuant to standards established by the California Office of Historic Preservation, and determined to meet the designation criteria for local historic landmarks or local historic districts set forth in Section 4.02.040 (Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Development Code, shall be determined by the Approving Authority to be an "eligible" historic resource.
D. Removal of Eligible or Nominated Historic Resources from the Ontario Register. An eligible historic resource or a nominated historic resource may be removed from the Ontario Register, as follows:
1. Any historic resource listed on the Ontario Register may be removed by the Approving Authority if the resource has lost all historic and/or cultural significance due to a catastrophe causing a loss of integrity, or the resource has lost all historical and/ or cultural significance due to extensive legally performed alteration(s), which has caused a loss of integrity after the property was initially surveyed.
2. Any historic resource listed on the Ontario Register may be removed by the Approving Authority upon reevaluation of the resource at the request of the property owner, or upon initiation by the City, if the most recently prepared Historic Resource Survey evaluating the resource is more than 5 years old.
3. The Historic Preservation Subcommittee shall evaluate a historic resource utilizing the designation criteria set forth in Paragraph 4.02.040.B.2 (Local Landmark Designation) of this Division. Furthermore, when a historic resource is located within an eligible local historic district, the area or neighborhood shall also be evaluated using the designation criteria set forth in Paragraph
4.02.040.B.3 (Local Historic District Designation) of this Division, and shall be evaluated to determine if it contributes to the significance of the district. The Approving Authority may retain a noncontributing property within a proposed or potential historic district.
4. Any reevaluation of a property shall be valid for a 5-year period.
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Ontario Development Code Page 4.02-25 (Rev. 12.03.202401.20.2026) E. Amending or Rescinding a Local Landmark, Local Historic District, or a Tier Designation from the Ontario Register. A local landmark, local historic district, or a tier designation may be amended or rescinded from the Ontario Register, if:
1. It is discovered that the information relied upon by the Advisory Authority and/or Approving Authority in making the original designation, was erroneous or false;
2. New information compromises the significance of a historic resource;
3. The historic resource has been demolished, relocated, or removed; or
4. The historic resource has been rendered ineligible for designation due to a catastrophic event, beyond the owner 's control, which has destroyed the resource to the point where it is considered a hazard to the public health and safety, and the restoration of the resource is not feasible.
4.02.050: Historic Preservation —Certificates of Appropriateness and Demolition of Historic Resources
A. Purpose. The purpose of this Section is to establish a process to ensure that any alteration to, or demolition of, an eligible or designated historic resource within the City is in keeping with the historic character of the resource.
B. Applicability.
1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation —Certificate of Appropriateness application, and to impose reasonable conditions upon the approval of the application.
2. A Certificate of Appropriateness shall be required for any:
a. Alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource. Certificate of Appropriateness approval shall be required even if the City requires no other permits;
b. For any work to the exterior of any noncontributing resource in a Historic District or on a historic property. A reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility;
c. Infill development within a historic district or on a historic property; and
d. Any demolition, whether in whole or in part, of a historic resource or a noncontributor within a designated historic district in conjunction with a demolition application.
3. No permit shall be issued for work on a historic resource until a Certificate of Appropriateness or Waiver has been issued in accordance with the provisions of this Division.
4. Once a Certificate of Appropriateness has been issued, the Planning Department, from time to time, shall inspect the work to ensure that it is being carried -out in compliance with the approved Certificate of Appropriateness and shall issue a Certificate of Completion prior to 1267
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(Rev. 12.03.202401.20.2026) Page 4.02-26 Ontario Development Code any final inspection or occupancy by any City Department to ensure the work has been satisfactorily completed.
C. Application Filing, Processing and Hearing. A Historic Preservation —Certificate of Appropriateness application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section, except as follows:
1. Determination of Significance.
a. Upon acceptance of a Historic Preservation—Certificate of Appropriateness application as complete for processing pursuant to Subsection 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Historic Preservation Subcommittee shall evaluate the affected historic resource for significance, which shall include a review conducted by the Planning Department consisting of an evaluation of the resource 's eligibility for listing on the National Register of Historic Places, the California Register of Historic Resources, or the Ontario Register. The review may also include the preparation of a Historic Resource Survey, at the intensive level, pursuant to the standards set forth by the California Office of Historic Preservation.
b. A historic resource that does not meet the criteria for designation set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, and not located within a designated, proposed, or potential district, shall be removed from the Ontario Register and the Certificate of Appropriateness shall be deemed approved. A resource that meets the designation criteria set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, shall be further processed pursuant to this Section.
2. Environmental Review.
a. Upon determination that a historic resource is "significant," an environmental review shall be conducted pursuant to Section 2.02.020 (Environmental Review) of this Development Code; however, i n determining the appropriate level of review for the demolition of a historic resource, the tiering system established pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division shall be utilized.
b. Any historic resource proposed for demolition, which is determined to be within Tier III pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division , shall require preparation of a n Addendum to The Ontario Plan Environmental Impact Report pursuant to the requirements of CEQA and the implementing guidelines, and City 's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications.
c. Any historic resource proposed for demolition, which is determined to be within Tier I or Tier II pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division, shall require preparation and certification of an Environmental Impact Report pursuant to the requirements of CEQA and the implementing guidelines, and City 's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications.
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3. Hearing. Each Advisory or Approving Authority shall hold at least one hearing on the application, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.
4. Advisory Authority Review and Recommendation. Following completion of all required environmental review pursuant to Paragraph C.2 (Environmental Review) of this Subsection, the Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form or den y the application. The Advisory Authority 's recommendation shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority, within 60 days following the date the decision was rendered.
The 60-day time limit may be extended by mutual agreement of the applicant and City.
5. Approving Authority Review and Action.
a. Upon receipt of the Advisory Authority 's recommendation, the Approving Authority shall approve, conditionally approve, or deny the application, either in whole or in part.
The action of the Approving Authority shall be by written decision, setting forth the basis for the action and shall include all applicable findings prescribed by Subsection D (Findings and Decision), below.
b. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
D. Findings and Decision.
1. Designated Historic Landmarks, Contributors, and Non- Contributors and Eligible Historic Resources.
a. A Historic Preservation —Certificate of Appropriateness application for Designated Historic Landmarks and Contributors, or Eligible Historic Resources, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
(1) The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect any significant architectural feature of the resource;
(2) The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect the historic character or value of the resource;
(3) The proposed alteration, restoration, relocation, or construction will be compatible with the exterior character-defining features of the historic resource; and
(4) The proposed alteration, restoration, relocation, or construction will not adversely affect or detract from the character of the historic district.
2. Demolition of Historic Resources.
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(Rev. 12.03.202401.20.2026) Page 4.02-28 Ontario Development Code a. A Historic Preservation —Certificate of Appropriateness and Demolition application for the Demolition Of Historic Resources shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
(1) The proposed demolition is necessary because all efforts to restore, rehabilitate, and/or relocate the resource have been exhausted;
(2) The proposed demolition is necessary because
restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation;
(3) The proposed demolition is necessary because failure to demolish the resource would adversely affect or detract from the character of the District; and
(4) The resource proposed to be demolished has been assigned a Tier III designation.
3. Instances Wherein Findings Are Not Required . The Approving Authority may act upon Historic Preservation—Certificate of Appropriateness and/or Demolition applications for Tier I and Tier II historic resources that are designated historic landmark contributors and noncontributors to historic district s, or eligible historic resources , without making the findings contained in Paragraph D.1 (Designated Historic Landmarks, Contributors, and Non -Contributors and Eligible Historic Resources) or Paragraph D.2 (Demo lition of Historic Resources) of this Subsection, if a Historic Preservation —Certificate of Economic Hardship has been granted pursuant to Section 4.02.055 ( Historic Preservation —Certificates of Economic Hardship) of this Division.
E. Conditions of Approval.
1. In approving Historic Preservation —Certificate of Appropriateness and/or Demolition applications, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is locate d; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner , and to the same extent , as any other applicable requirement of this Development Code.
3. In approving Historic Preservation —Certificate of Appropriateness and/or Demolition applications , the following conditions of approval shall be imposed, and shall be completed prior to commencing any demolition work:
a. Each historic resource shall be fully documented and cataloged pursuant to Historic American Building Survey/Historic American Engineering Record (HABS/HAER) standards, to provide a record of the resource, including, but not limited to: [i] the preparation of 1270
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b. A mitigation fee established pursuant to Section 7.01.025 (Historic Preservation Mitigation Fee) shall be paid to the City prior to the issuance of a demolition permit for Tier III historic resources. Fees for Tier I and II historic resources shall be determined during the Environmental Impact Report process. The fees established for Tier III will be used as a reference point for establishing fees for Tier I and II historic resources.
c. A Certificate of Appropriateness shall not be issued for the demolition of an historic resource, either in whole or in part, until such time that a demolition permit application and a replacement structure has been approved by the City, and appropriate permits have been issued for its construction , unless: [i] a waiver is granted pursuant to Subsection H (Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts) of this Section; [ii] a deferral of the replacement struct ure requirement is granted pursuant to Subsection G (Replacement Structure Deferral) of this Section ; or [iii] demolition is required pursuant to Section
7.01.050 (Unsafe or Dangerous Conditions) of this Development Code.
d. In an effort to preserve features and artifacts from historic resources, a determination whether items within or on the resource should be salvaged must be made by the Planning Department and may include the local historical society prior to the issuance o f the demolition permit. The applicant shall be responsible for the removal, relocation, storage, and donation of such items selected for salvaging. T he applicant shall provide an inventory of salvaged items to the Planning Department, and shall include a list of each item name, description and dimension (as necessary), and the location of each item on a floor plan.
F. Certificate of Appropriateness Waivers. The Approving Authority may waive the requirement for Certificate of Appropriateness approval for certain alterations, restorations, rehabilitations, remodeling, repainting, resurfacing, and additions to historic resources, as follows:
1. A waiver may be issued for work that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the guidelines set forth in Division 7.01 (Historic Preservation) of this Development Code.
2. A waiver may be issued for minor alterations to historic resources, provided no change in appearance occurs or the proposed change restores period features, including but not limited to, chimneys; fences and walls, including construction, demolition, or alteration of side, rear and front yard fences and walls; foundations; landscaping, unless the Landmark designation specifically identifies the landscape, layout, features or elements as having particular historical, architectural or cultural merit; roofing, provided a 30 year dimensional shingle, or an aesthetically equivalent dimensional shingle is used, and the replacement shingle must maintain the architectural character of the historic resource in terms of scale, pattern, texture, and coloration; and signage, including directional, monument, wall and window signs.
3. A waiver may be issued for the construction of residential accessory structures and additions less than 650 SF in area or 50 percent of the existing original historic building area, whichever is less, to historic resources that are not visible from a public right -of-way, excluding public alleys.
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(Rev. 12.03.202401.20.2026) Page 4.02-30 Ontario Development Code G. Replacement Structure Deferral. The Approving Authority may defer the obligation to construct replacement structures as a requirement for approval of the demolition of a historic resource, if the ultimate project proposed for the site of the demolition provides an exceptional benefit to the community.
1. Findings. A Replacement Structure Deferral shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and any public testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below - listed findings cannot be clearly established.
a. The demolition is necessary to allow the acquisition and assembly of land for a future redevelopment or housing project within a redevelopment project area;
b. The future project will provide exceptional benefits to the City with respect to employment, fiscal, social, housing and economic needs of the community, or will provide new public facilities that are needed by the City (such as off -site improvements, parks, open space, recreation, or other community facilities, not including parking lots); and
c. Failure to demolish the historic structures could hinder the ability of the City to revitalize or redevelop a blighted lot or area of the City or meet housing production requirements.
2. Condition of Approval. In granting a deferral of the replacement structure requirement, the Approving Authority shall impose a condition of approval requiring any new project on the subject site to be designed pursuant to the infill development guidelines listed in Subsection I (Infill Development Guidelines) of this Section, to insure compatibility with the surrounding area or neighborhood. The Historic Preservation Subcommittee shall make a recommendation to the Approving Authority for the replacement structure regarding compliance with the infill development guidelines.
H. Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts. The Approving Authority may waive the obligation to construct replacement structures as a requirement for approval of the demolition of a Tier III Historic Resource, if the site is located in an Industrial Zone. The waiver shall be acted on based upon the information provided in the submitted application, after considering and clearly establishing all of the below -listed findings and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The Tier III Historic Resource is a residential building located in an Industrial Zoning District;
2. Approving the deferral will not adversely affect the character, integrity, general welfare of the surrounding neighborhood, residents, and adjacent properties;
3. Conversion and/or rehabilitation of the residential home is not economically feasible, demonstrated through market analysis, construction costs, structural reports, property and building conditions assessments, and/or any other study/report deemed necessary by the Planning Director;
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Ontario Development Code Page 4.02-31 (Rev. 12.03.202401.20.2026) I. Infill Development Guidelines. The following infill development guidelines shall be incorporated into the design of all new structures proposed within a designated, proposed, or potential Historic District, or on a historic property, pursuant to this Division:
1. New buildings, structures, or improvements constructed within a historic district shall be designed to be compatible with the architectural style, features, and historic character of the district.
2. New buildings shall be compatible with the original style of the contributing buildings within a historic district. The design of the new building shall incorporate the following considerations:
a. The design shall incorporate the design features and details of contributing structures;
b. The height, width, and length of the new building shall be consistent with the original characteristic of the contributing structures; and
c. The exterior materials and treatment shall be similar to the contributing structures.
3. New buildings, structures, and/or improvements constructed on a historic property shall be designed to be compatible with the architectural style and features of contributing historic buildings located on the historic property.
4. New buildings shall be compatible with the original architectural style of the contributing historic buildings on the historic property. The design of the new building shall incorporate the following considerations:
a. The design shall incorporate the design features and details of the historic structure;
b. The height, width, and length of the new building shall be consistent with the original characteristic of the historic building; and
c. The exterior materials and treatment shall be similar to the historic building.
J. Certificate of Appropriateness Modification/Revision.
1. Historic Preservation —Certificates of Appropriateness and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Depa rtment on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
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3. Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation —Certificate of Appropriateness, following the procedures set forth in this Section for Historic Preserv ation— Certificate of Appropriateness approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.055: Historic Preservation—Certificates of Economic Hardship
A. Purpose. The purpose of this Section is to establish a process to ensure that denial of a Certificate of Appropriateness and/or a Demolition Application does not create any undue hardship upon the owner of a Tier I or Tier II historic resource.
B. Applicability.
1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Certificate of Economic Hardship application.
2. A Certificate of Economic Hardship may be filed concurrently with a Certificate of Appropriateness and/or Demolition Application in cases where the alteration, restoration, rehabilitation, remodel, addition to a historic resource, or demolition, partially or in whole, in compliance with the Certificate of Appropriateness and/or Demolition Application, would cause an immediate and substantial financial hardship. Furthermore, the denial of the Certificate of Appropriateness and/or Demolition Application would deny the property owner all reasonable beneficial use of, or return on, the property.
3. No action shall be taken to demolish or otherwise alter the historic resource for a period of 14 days following the issuance of a Certificate of Economic Hardship.
C. Application Filing, Processing and Hearing. A Historic Preservation —Certificate of Economic Hardship application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Historic Preservation —Certificate of Economic Hardship application shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. Denial of the application will diminish the value of the subject property so as to leave substantially no value;
2. Sale or rental of the property is impractical, when compared to the cost of holding the property for uses permitted in the underlying zoning district;
3. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
4. Rental at a reasonable rate of return is not feasible;
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5. Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community, and
6. All means involving City sponsored incentives, such as a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements, have been explored to relieve possible economic disincentives.
4.02.060: Historic Preservation—Conservation Plans
A. Purpose. The purpose of this Section is to establish a process to expedite the review process for project areas in which numerous historic resources within a single project area would require the issuance of multiple Certificates of Appropriateness for proposed work to those Historic Resources.
B. Applicability. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Conservation Plan application and to impose reasonable conditions upon the approval of the application.
C. Application Filing, Processing and Hearing. A Historic Preservation —Conservation Plan application shall be filed, processed, and acted upon pursuant to the requirements for Historic Preservation—Certificates of Appropriateness, contained in Section 4.02.050 (Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources) of this Development Code, and the provisions of this Section.
D. Findings and Decision. A Historic Preservation—Conservation Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect any significant architectural feature of Historic Resources;
2. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect the historic character or value of Historic Resources;
3. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will be compatible with the exterior features of other improvements within the plan area; and
4. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not adversely affect or detract from the character of the plan area.
E. Conditions of Approval.
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1. In approving a Historic Preservation —Conservation Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner , and to the same extent , as any other applicable requirement of this Development Code.
F. Conservation Plan Modification/Revision.
1. Historic Preservation—Conservation Plans and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Zoning Administrator, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation—Conservation Plan, following the procedures set forth in this Section for Historic Preservation —Conservation Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.065: Historic Preservation—Mills Act Contracts
A. Purpose. The purpose of this Section is to establish a process by which economic incentives may be provided for the preservation of a designated historic landmark or contributing structure within a designated historic district.
B. Applicability.
1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Mills Act Contract (Contract) application.
2. Pursuant to GC Section 50280, et seq., the owner(s) of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, may request to enter into a Mills Act Contract with the City.
C. Application Filing, Processing and Hearing.
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1. Historic Preservation—Mills Act Contract applications shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
2. The owner shall furnish the Approving Authority with any information the Approving Authority shall require in order to enable it to determine the eligibility of the property involved.
D. Findings and Decision.
1. A Historic Preservation —Mills Act Contract shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing [i] the eligibility of the property involved, [ii] the appropriateness and sequencing of the improvements proposed, and [iii] the fiscal benefits derived from those improvements.
2. No later than 20 days after the City enters into a Mills Act Contract with an owner pursuant to this Section, the City Clerk shall record a copy of the Contract with the county recorder, which shall fully describe the affected property.
E. Required Contract Provisions. Pursuant to GC Section 50281, a ny Mills Act Contract entered into under this Section shall contain the following provisions:
1. The term of the Contract shall be for a minimum period of 10 years.
2. Where applicable, the Contract shall provide for the following:
a. The preservation of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior 's Standards for Rehabilitation, and the State Historical Building Code;
b. The periodic examinations of the interior and exterior of the premises by the City, San Bernardino County Assessor, the Department of Parks and Recreation, and the State Board of Equalization, as may be necessary to determine the owner 's compliance with the Contract; and
c. The Contract shall be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the Contract as the original owner who entered into the Contract.
F. Term of Contract. Each Mills Act Contract shall provide that on the anniversary date of the Contract, or other annual date specified in the Contract, a year shall be automatically added to the initial term of the Contract unless notice of nonrenewal is given pursuant to Sub section G (Contract Nonrenewal), below. If the property owner or the Approving Authority desires within any year not to renew the Contract, that party shall serve written notice of nonrenewal of the Contract on the other party in advance of the annual renewal date of the Contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the Approving Authority at least 60 days prior to the renewal date, one year shall be automatically added to the term of the Contract.
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G. Contract Nonrenewal.
1. Upon receipt by the owner of a notice of nonrenewal from the Approving Authority, the owner may make a written protest of the notice. The Approving Authority may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
2. If, within any year, the Approving Authority or the owner serves notice of intent not to renew the Contract, the existing Contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the Contract, as applicable.
H. Contract Cancellation.
1. The Approving Authority may cancel a Mills Act Contract if it determines that the owner has breached any of the conditions of the Contract provided for in this Section or has allowed the property to deteriorate to the point that it no longer meets the stan dards for a qualified historic property. The Approving Authority may also cancel a Contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the Contract.
2. A Mills Act Contract shall not be canceled until after the Reviewing Authorities have given notice of, and has held, a public hearing on the matter pursuant to Division 2.03 (Public Hearings) of this Development Code.
3. If a Mills Act Contract is canceled pursuant to Paragraph G.1, above, the owner shall pay a cancellation fee equal to 12.5 percent of the current fair market value of the property, as determined by the county assessor as though the property were free of the contractual restriction.
4. As an alternative to cancellation of a Mills Act Contract for breach of any condition, the City, or any landowner may bring any action in court necessary to enforce a Contract, including, but not limited to, an action to enforce the Contract by specific performance or injunction.
5. In the event that property subject to Mills Act Contract under this Section is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the Approving Authority to frustrate the purpose of the Contract, the Contract shall be canceled and no fee shall be imposed as required under Paragraph G.3, above. Furthermore, the Contract shall be deemed null and void for all purposes of determining the value of the acquired property.
I. Amendment to Work Program. Upon request of the property owner(s), the Planning Director may approve amendments to a Mills Act Contract Work Program, subject to the following:
1. The items listed in the proposed Work Program are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the guidelines set forth in this Development Code;
2. The Work Program shall be completed within the 10-year period following Contract enactment, unless extended by action of the City Council; and
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3. The proposed Work Program shall have an equal or greater preservation and monetary value than the previously approved Work Program.
4.02.070: Master Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing official Master Plans of the City, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Applicability.
1. The Approving Authority is hereby empowered to approve, approve in modified form, or deny an official Master Plan of the City, or any amendment thereto, and to impose reasonable conditions upon the Master Plan approval.
2. The Master Plans subject to the provisions of this Section include the following:
a. 5-Year Capital Improvement Program (CIP) Master Plan prepared pursuant to GC Section 66540.32(b)(2)(H);
b. Fiber Optic Master Plan;
c. Parks Master Plan;
d. Citywide Streets Master Plan;
e. Sewer Master Plan;
f. Storm Drain Master Plan;
g. Water/Recycled Water Master Plan.
3. A Master Plan of the City shall be an internally consistent, action -oriented and pragmatic, considering both the short -term and long -term future, and shall present clear and concise policy guidance.
C. Application Filing, Processing, and Hearing. The adoption of a Master Plan of the City, or any amendments thereto, carried-out pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision.
1. A Master Plan or amendment thereto, shall be acted upon by the Approving Authority, upon recommendation of the Advisory Authority.
2. The actions of the Approving and Advisory Authorities shall be based upon the evidence presented in the departmental written report and testimony provided during the public hearing, only after considering and clearly establishing that the proposed Master P lan, or any amendment thereto, promotes and/or is consistent with the goals and policies of The Ontario Plan, and giving supporting reasons for the finding . A Master Plan shall be denied if reasons supporting the required finding cannot be clearly established.
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E. Conditions of Approval.
1. In approving a Master Plan or any amendment thereto, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not enda nger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner , and to the same extent , as any other applicable requirement of this Development Code.
4.02.075: Sign Programs
A. Purpose. The purpose of this Section is to establish a process whereby a Sign Program may be required to provide coordinated signing within development projects, utilizing common design elements and integrating the design of signs with the building and landscape d esign, to form a unified architectural statement.
B. Applicability.
1. Within any commercial, mixed -use, industrial, or specialized use or overlay zoning district, a Sign Program shall be submitted for any multi-tenanted building, complex or center, which shall fully comply with Section 8.01.020.F (Sign Programs) of this Development Code.
2. The Approving Authority is hereby empowered to approve, approve in modified form, or deny, either in whole or in part, a Sign Program on the basis of the application, supporting plans and documentation, and evidence submitted by the applicant.
C. Application Filing and Processing. A Sign Program shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, the provisions of this Section, and the requirements of Subsection 8.01.020.F (Sign Programs) of this Development Code.
D. Decision. A Sign Program shall be acted upon only after considering and clearly establishing [i] that the Sign Program is in conformance with the provisions of this Section and Division 8.01 (Sign Regulations) of this Development Code, and [ii] that any deviations from Division
8.01 (Sign Regulations) of this Development Code, as allowed by the Sign Program, are limited only to those set forth in Paragraphs 8.01.020.F.2 and F.3 of this Development Code.
4.02.080: Specific Plan Minor Adjustments/Alterations
A. Purpose. The purpose of this Section is to establish a procedure by which minor departures from the strict application of the development standards and/or design guidelines established by a Specific Plan may be approved, provided the requested departure is in the interest of furthering the goals and policies of the affected Specific Plan and The Ontario Plan.
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1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Specific Plan Minor Adjustments/Alterations application, and to impose reasonable conditions upon the approval of the application.
2. The following constitute minor adjustments/alterations, not requiring a Specific Plan Amendment and/or update of the affected specific plan:
a. A net change of not more than 15 percent to the number of units within an individual residential area, provided the total number of units for the entire specific plan area does not exceed that established in the affected specific plan;
b. Adjustment/alteration of a residential planning area boundary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;
c. Minor adjustments/alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan's development standards and design guidelines;
d. Minor adjustments/alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation;
e. Other adjustments/alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and
f. Adjustments/alterations in street alignments and dimensions that are deemed appropriate by the City Engineer, which are in keeping with the purpose and intent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, provided the changes do not impact the sizing of master planned infrastructure.
C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, a Specific Plan Minor Adjustments/Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.
D. Findings and Decision. A Specific Plan Minor Adjustments/Alterations shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The proposed Specific Plan Minor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the specific plan;
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2. The proposed Specific Plan Minor Adjustment/Alteration is reasonable and beneficial, and in the interest of good planning practice; and
3. The proposed Specific Plan Minor Adjustment/Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.
4.02.090: Subdivisions—Reversions to Acreage
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.30), pertaining to the unmerger of parcels (reversions to acreage).
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Reversion to Acreage application and to impose reasonable conditions upon the approval of the application.
2. Proceedings for Reversion to Acreage may be initiated by the City Council or by petition of all of the property owners of record of the real property within a subdivision.
C. Application Filing, Processing and Hearing. A Reversion to Acreage application (petition by property owners) shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Reversion to Acreage shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below - listed findings cannot be clearly established.
1. The proposed Reversion to Acreage is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
3. Either:
a. All owners of an interest in the real property within the subdivision have consented to reversion; or
b. None of the improvements required to be made have been made within 2 years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
c. No lots shown on the final map or parcel map have been sold within 5 years from the date the map was filed for recordation.
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1. In approving a Reversion to Acreage request, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s); and ensure compliance with GC Section 66499.17.
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Filing of Parcel Map.
1. A parcel map submitted for the purpose of reverting to acreage shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements that are to be vacated or abandoned, and a parcel map in a form acceptable to the City Engineer, which delineates any streets or easements that are to remain in effect after the reversion.
2. After approval of the reversion by the Approving Authority and City Engineer, the parcel map shall be delivered to the County Recorder. The reversion shall be effective upon the recordation of the parcel map by the County Recorder.
3. The filing of the parcel map shall constitute abandonment of all streets and easements not shown on the parcel map and shall constitute a merger of the separate lots into one lot, and shall thereby be shown as a single lot on the assessment roll of the Cou nty Assessor, subject to the provisions of GC Section 66445.
4. Except as provided in GC Section 66445(f), on any parcel map used for reverting acreage, a certificate shall appear, signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.
G. Return of Fees and Deposits, and Release of Securities. Return of fees and deposits, and release of securities shall be in accordance with GC Section 66499.19.
H. Merger and Resubdividing Without Reversion.
1. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by Section 4.02.095 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Division, and the Subdivision Map Act (commencing with GC Section 66410).
2. The filing of the final map or parcel map shall constitute legal merging of the lots into one lot and the resubdivision of the lot, which will thereafter be shown with the new lot boundaries on the assessment roll of the County Assessor.
3. Any unused fees or deposits pertaining to the resubdivided property shall be credited pro rata towards any of the requirements for the same purposes that are applicable at the time of resubdivision.
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4. Any streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map.
5. After approval of the merger and resubdivision by the Approving Authority, the map shall be delivered to the San Bernardino County Recorder. The filing of the map shall constitute legal merger and resubdivision of the affected land and shall constitute abandonment of all public streets or public easements not shown on the map.
4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66410), pertaining to the review, regulation, and control of the design of subdivisions, and to achieve the following:
1. Assist in implementing the Vision, Policy Plan (General Plan) and City Council Priorities components of The Ontario Plan;
2. Encourage orderly development of the City through the regulation and control of the design and improvement of subdivisions, with a proper consideration of its relationship to adjoining areas;
3. Ensure that the areas within a subdivision that are dedicated for public purposes will be properly improved by the subdivider so that they will not become an undue burden on the community;
4. Protect the public and individual transferees of land from fraud and exploitation;
5. Provide lots of sufficient size and appropriate design for the purposes for which they are to be used;
6. Provide streets of adequate capacity and design for the traffic that will utilize them and to ensure maximum safety for pedestrians and vehicles;
7. Provide sidewalks or pedestrian ways where needed for the safety and convenience of pedestrians;
8. Identification and preservation of the cultural resources and natural assets of the City;
9. Prevent the indiscriminate clearing of property and the destruction of desirable landscape features;
10. Ensure adequate access to each building site, and safeguard the public safety and welfare through superior subdivision design;
11. Provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities necessary to the public health, safety, and convenience;
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12. Provide adequate sites for public facilities necessary to serve the residents of the new developments; and
13. Ensure that the costs of providing land for streets, alleys, pedestrian ways, easements, and other rights -of-way, and for the improvements therein needed to serve new developments, are borne by the subdivider rather than by the taxpayers of the City at large.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Tentative Tract Map, Tentative Parcel Map, Vesting Tentative Tract Map, or Vesting Tentative Parcel Map, and to impose reasonable conditions upon the approval of the application pursuant to the provisions of the Subdivision Map Act (commencing with GC Section 66410), Planning and Zoning Law (commencing with GC Section 65000) and the California Environ mental Quality Act (commencing with PRC Section 21000).
2. Each proposed parcel map, tract map or vesting parcel or tract map shall be submitted to the City in the form of a tentative map, which shall include an identifying map number issued by the office of the San Bernardino County Surveyor. All tentative maps s hall be prepared by a state -licensed land surveyor or state -registered civil engineer authorized to practice land surveying.
C. Application Filing, Processing and Hearing. A Tentative Subdivision Map application shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Tentative Subdivision Map shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1. The proposed map is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and applicable area and specific plans, and planned unit developments;
2. The design or improvement of the proposed subdivision is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and applicable specific plans and planned unit developments;
3. The site is physically suitable for the type of development proposed;
4. The site is physically suitable for the proposed density of development;
5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. The design of the subdivision or type of improvements are not likely to cause serious public health problems; and
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7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
E. Conditions of Approval.
1. In approving a Tentative Subdivision Map, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Tentative Map Modification/Revision.
1. Tentative maps and/or their conditions of approval may be modified/revised upon application by the subdivider or property owner if different from the subdivider. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original tentative map approval, do not affect off-site properties and there are no resulting inconsistencies with this Development Code. The following modifications/revisions are considered minor in nature:
a. Modifications/revisions affecting less than 20 percent of the total number of lots in the subdivision, provided there is no increase in the total number of lots within the subdivision; and
b. Any other changes that, in the opinion of the Planning Director and City Engineer, do not involve substantial changes to the map or the conditions of approval, and do not affect surrounding properties.
3. Any other amendment or modification of an approved tentative subdivision map shall be processed as a revised tentative map, following the procedures set forth in this Section for tentative subdivision map approval, except that modification/revision approval shall not alter the original expiration date of the tentative map.
G. Vesting Tentative Maps.
1. Filing and Processing of Vesting Tentative Maps. A vesting tentative map shall be filed in the same form; shall have the same content, accompanying data and reports; and shall be processed in the same manner described for tentative maps in Subsections A through F of this Section, except as stated below:
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2. Development Rights.
a. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in GC Section 66474.2. However, if GC Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
b. Notwithstanding Subparagraph G.2.a of this Section, a permit, approval, extension, or entitlement may be made conditional or may be denied if any of the following are determined:
(1) Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; and/or
(2) The condition(s) or denial is required in order to comply with state or federal laws.
c. The provisions of this Subparagraph shall not:
(1) Limit the City from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Paragraph G.1 (Filing and Processing of Vesting Tentative Maps) of this Section; and
(2) Diminish or alter the types of conditions that may be imposed by the City on a development or the City's power to protect against a condition dangerous to the public health or safety.
3. Modifications/Revisions to Vesting Tentative Maps. At any time prior to the expiration of a vesting tentative map, the subdivider, their successor, or their assignee, may apply for a modification to the map. A public hearing shall be held by the Approving Authority on any application involving a modification to the vesting tentative map, or by the development related thereto, following procedures set forth for the modification of tentative maps contained in Subsection F (Tentative Map Modification/Revision) of this Section. Approval of a modification to a vesting tentative map, or development related thereto, shall be evaluated for compliance with the City regulations, standards, and policies in effect at the time the original vesting tentative map was deemed complete.
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Division 4.03—Ministerial (Administrative) Permits and Decisions
Sections:
4.03.000: Purpose
4.03.005: Applicability
4.03.010: Historic Preservation— Adaptive Reuse Plan
4.03.015: Administrative Use Permits
4.03.020: Sign Plans
4.03.025: Subdivisions—Certificates of Compliance
4.03.030: Subdivisions—Final Maps and Parcel Maps
4.03.035: Subdivisions—Lot Line Adjustments
4.03.040: Subdivisions—Map Corrections and Amendments
4.03.045: Subdivisions—Parcel Map Waiver
4.03.050: Subdivisions—Lot Merger (Merger of Contiguous Parcels)
4.03.055: Administrative Exceptions
4.03.060: Fair Housing and Reasonable Accommodations
4.03.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of ministerial (administrative) permits or decisions by the Reviewing Authorities established by Table 2.02 -1 (Review Matrix) of this Development Code. Ministerial permits and decisions consist of City actions and determinations that involve little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements.
4.03.005: Applicability
The Reviewing Authorities established by Table 2.02 -1 (Review Matrix) of this Development Code shall consider a ministerial permit or decision pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are specific to each discretionary permit or action stipulated herein.
4.03.010: Historic Preservation—Adaptive Reuse Plan
A. Purpose. The purpose of this Section is to establish a procedure by which Adaptive Reuse Plans may be approved by the City, while at the same time:
1. Provide a more efficient way for qualified historic buildings and adaptive reuse projects to meet development, building, and fire protection standards;
2. Promote adaptive reuse as part of broader goals supporting historic preservation, economic development, environmental sustainability and resilience, and recognize the social value of historic buildings;
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3. Incentivize building reuse to encourage activation of Downtown Ontario where there is a large collection of commercial and industrial historic buildings that are worthy of preservation;
4. Eliminate or allow nonconformance with certain development regulations that would make adaptive reuse of qualified historic buildings infeasible, including such standards related to parking and loading, height, density, floor-area ratio, and open space; and
5. Allow alternative building and fire code compliance for qualified adaptive reuse projects able to demonstrate an alternative means or method of protecting public health, safety, and welfare.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Adaptive Reuse Plan application, and to impose reasonable conditions upon the approval of the application.
2. Adaptive Reuse Plan approval shall allow for those land uses identified in Table
5.02-1 (Land Use Matrix) of this Development Code, which allows for a broad range of land uses of the underlying zoning district in which the site is located. However, no new uses that emits noxious odors or excessive noise shall be allowed, unless it can be demonstrated to the satisfaction of the Planning Director that the use will not cause adverse impacts to nearby residential land uses.
3. Qualifying buildings include those listed on the National Register of Historic Places, on the California Register of Historic Resources, Ontario Register of Historic Resources as designated local landmarks or contributors to designated local historic districts located within the Adaptive Reuse Plan Area.
4. Adaptive Reuse projects are construction and remodeling projects that reconfigure existing spaces within existing buildings to accommodate a new use or purpose other than what it was originally designed for. Adaptive Reuse projects require a change of use and building occupancy from office or commercial to residential, industrial to work/live, residential to office or commercial, or assembly to residential, office or commercial.
5. Application Filing and Processing. An Adaptive Reuse Plan application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Plans and reports prepared for an Adaptive Reuse Plan shall be prepared by a California lic ensed architect meeting the minimum qualifications standards of The Secretary of the interior Professional Qualifications (Code of Federal Regulations, 36 CFR Part 61).
C. Adaptive Reuse Plan Area. This area consists of the City’s original downtown, and extends north to include the historic districts adjacent to Euclid Avenue, the boundary of which is as follows:
Beginning at the intersection of the centerlines of State Street and San Antonio Avenue, thence north to the northernmost city boundary, thence east to the centerline of Sultana Avenue, thence south to the centerline of I Street, thence east to the centerline of Campus Avenue, thence south to the centerline of State Street, thence west to the point of beginning.
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D. Alternative Building and Fire Code Regulations. The alternative building and fire codes regulations adopted in this Section are applicable to qualified buildings and adaptive reuse projects.
1. Alternative Codes. Use of the California Historic Building Code, International Existing Building Code, California Health and Safety Code and the Ontario Adaptive Reuse Plan Technical Manual shall provide a process and the ability for the Building Official and Fire Marshal to consider alternative building standards while ensuring adequate health and safety protections.
2. In permitting repairs, alterations, and additions necessary to accommodate adaptive reuse projects, the alternative code regulations shall impose requirements that will, in the determination of the Building Official and the Fire Marshal, protect the public health, safety, and welfare.
3. Nothing in this Section shall be construed to allow the reduction of existing seismic or fire and life-safety elements of an eligible building where such elements provide a greater level of protection than the minimum requirements established by this Section.
4. Subject to the approval of the Building Official and Fire Marshal, the use or occupancy type of a qualified building shall be allowed to be changed as part of an adaptive reuse project without conforming to all requirements of Title 8, Building Regulations , and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code provided the new or proposed occupancy is equally or less hazardous, based on life and fire risk, than the existing use.
5. Whenever there are practical difficulties involved in carrying out the provisions of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code, the Building Official and Fire Marshal shall have the authority to grant modifications for individual cases, provided the Approving Authority shall first find that special individual reasons make the strict letter of the local codes impractical and the modification is in compliance with the intent and purpose of the local codes and that such modification does not lessen health, life and safety requirements.
F. Incentives. The Planning Director may grant the following departures from certain development standards and requirements to incentivize qualified Adaptive Reuse Plans:
1. Development Plan Waived. Approved Adaptive Reuse Plans, which may allow for new additions up to 25 percent of the existing building floor area and is not visible from the public right-of-way, shall be exempt for the requirements for Development Plan review set forth in Section
4.02.025.
2. Mezzanines. Loft spaces in joint living and work quarters, dwelling units and guest rooms which do not exceed more than 33 percent of the floor area of the space below shall not be considered new floor area. Mezzanines may be included in the calculation of floor are a for the purpose of determining compliance with the standards set forth in Paragraph (E) of this subdivision.
3. Parking Reduction. New parking spaces shall not be required for any converted use within the existing footprint of the building, but expansions to floor area shall require one parking space per bedroom or one parking space per 250 square feet of gross floor area for office or commercial.
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4. Setbacks. Existing building setbacks may remain and shall be considered legally nonconforming, but no further encroachments shall be permitted into any nonconforming setback.
5. Increases in Maximum Building Height. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legally nonconforming. Any rooftop construction needed for drainage, ventilation, utilities, or passive recreation shall be included within the height exemption. This height exemption does not include new residential or commercial floor area.
6. Open Space. Private open space for residential adaptive reuse projects may be waived when it is determined by the Approving Authority that the requirement would result in exterior alterations to the existing building that would result in an adverse impact to a historic resource. A minimum of 100 square feet of common open space per residential unit or 25 percent of the building square footage, whichever is less, shall be required and may be provided on the rooftop of the building or within the building and include various type of indoor amenities such as fitness center, workstations, playrooms, etc.
7. Loading Zone. A new loading zone shall not be required if the existing building does not have an existing loading zone.
G. Standards. Adaptive Reuse Projects permitted pursuant to this subdivision shall be developed in compliance with the following standards:
1. Minimum Dwelling Units . Adaptive reuse projects that propose residential shall develop no less than 3 units . The minimum floor area for new dwelling units and joint living and work quarters shall be 450 square feet. Floor area shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building. The floor area of both the living space and the workspace shall be combined to determine the size of joint living a nd work quarters. The average floor area, as defined above, of all the dwelling units and joint living and work quarters in the building, including those that existed prior to the effective date of this ordinance, shall be at least 750 square feet. That minimum average size shall be maintained and not reduced.
2. Storefront. Ground floor of an existing multiple level commercial building shall contain street frontage and shall be used as a commercial storefront. Residential on ground may occur at the rear of the building behind the storefront.
3. Exterior or Interior (Public Space) Alterations . A Certificate of Appropriateness pursuant to Section 4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources is required for any alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource.
4. Other Provisions. Floor Area Ratio (FAR), Landscaping, Lot Coverage, and any other development standard of the underlying zone may be waived by the Approving Authority.
H. Conditions of Approval.
1. In approving an Adaptive Reuse Plan, the Planning Director may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfar e; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in 1292
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harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
I. Findings and Decision . An Adaptive Reuse Plan, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. That the use(s) of the property will not be detrimental to the public health, safety and general welfare surrounding the project location;
2. That the Adaptive Reuse Project complies with the standards set forth in Section
4.03.010 (F) of this Development Code; and
3. A Certificate of Appropriateness has been approved or Waived for the Adaptive Reuse Plan.
4.03.015: Administrative Use Permits
A. Purpose. The purpose of this Section is to establish a procedure by which Administrative Use Permits may be issued by the City, while at the same time:
1. Eliminating any possibility for the exercise of unfettered discretion during the application review process through the establishment of reasonable and uniform regulations that will reduce possible adverse effects that uses subject to this Section may have upon the residents of the City; and
2. Establishing a process whereby the unique operating characteristics of the uses subject to this Section may be properly conditioned through an individual review, in order to ensure compatibility with surrounding uses of property, and preserve the integrity of the residential, commercial, mixed-use, and industrial areas of the City.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Administrative Use Permit application, and to impose reasonable conditions upon the approval of the application.
2. Administrative Use Permit approval shall be required for those land uses so identified in Table 5.02-1 (Land Use Matrix) of this Development Code, excepting the following temporary and interim land uses:
a. Car Washes for Fundraising Purposes. Car washes shall be conducted by a qualifying sponsoring organization within a nonresidential zoning or land use district. Sponsorship 1293
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shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax -exempt organizations in compliance with Federal Internal Revenue Code Section 501(c). Exempt temporary car washes for fundraising purposes shall be limited to one event per month at each location the activity is conducted and shall be limited to a maximum of 2 days duration.
b. Emergency Public Health and Safety Activities and Facilities . Temporary activities and facilities associated with emergency public health and safety needs of the City, State, and federal governments.
c. Film/Video Making . Temporary filming, photography, and videography, and production activities associated with a Film Permit issued by the City.
C. Application Filing and Processing. An Administrative Use Permit application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1. An Administrative Use Permit shall be acted upon by the Approving Authority , based upon the information provided in the submitted application, evidence presented with any supplemental information or written report, and testimony provided during any hearing (if required), only after considering and clearly establishing that the use for which an Administrative Use Permit is requested complies with all applicable Development Code provisions specific to the requested use.
2. An Administrative Use Permit shall be issued if the Approving Authority determines that the proposed use complies with all applicable Development Code provisions,
3. An Administrative Use Permit shall be denied if the proposed use does not comply with one or more Development Code provisions.
E. Conditions of Approval.
1. In approving an Administrative Use Permit, the Approving Authority may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
3. A copy of the approved Administrative Use Permit shall be maintained on site for the duration of the use, activity, or facility authorized, and shall be made available for inspection upon demand by a City representative.
F. Unlawful Business Practices May Be Enjoined; All Remedies Are Cumulative. Any business activity requiring Administrative Use Permit approval pursuant to Table 5.02 -1 (Land Use Matrix) of this Development Code, and which is operated, conducted, or maintained contrary to the 1294
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provisions of this Development Code, shall constitute an unlawful business practice pursuant to Business & Professions Code Section 17200 , et seq., and the City may file a complaint with the District Attorney and request the District Attorney bring action seeking an injunction prohibiting the unlawful business practice or any other remedy available at law, including but not limited to fines, attorney's fees, and costs. All remedies provided for in this Section are cumulative.
G. Administrative Fines.
1. Violations. Upon a finding by the Police Chief or Community Improvement Director that a land use or business for which an Administrative Use Permit has been issued has violated any provision of this Development Code or of the City or Ontario Municipal Code, the Police Chief or Community Improvement Director may issue an administrative fine of up to $500.
2. Separate Violations . Each violation of this Development Code or of the Ontario Municipal Code constitutes a separate violation. Each day a violation of this Development Code or the Ontario Municipal Code occurs also constitutes a separate violation.
3. Administrative Fine Procedures. A Notice of Administrative Fine shall be served by hand delivery or certified mail and shall state the legal violation and all supporting facts.
Furthermore, the Notice shall also contain an advisement of the right to request an appeal hearing before the Zoning Administrator to contest the suspension or revocation.
4. Appeal of Administrative Fines.
a. An appeal request shall be filed with the Planning Department on a City application form, within 10 days following the date appearing on the Notice of Administrative Fine. The appeal request shall include a statement identifying the pertinent facts disputing the violation.
b. An appeal hearing shall be scheduled within 30 days following the Planning Department's receipt of the appeal request unless an extension is mutually agreed upon by the appellant and the Zoning Administrator.
c. The appeal shall be heard by the Zoning Administrator. The decision of the Zoning Administrator shall be provided by certified mail. The decision constitutes a final administrative order, with no additional administrative right of appeal.
5. Failure to Pay Administrative Fines.
a. If an administrative fine is not paid within 30 days after the date appearing on the Notice of Administrative Fine or, if the Notice is appealed, within 30 days after the date of the Zoning Administrator 's decision, whichever occurs later, the fine may be referred to a collection agency.
b. Any outstanding fine must be paid prior to the issuance or renewal of any license or permit issued by the City.
H. Suspension and Revocation of Administrative Use Permits.
1. Reasons. The Police Chief and the Community Improvement Director each has the authority to suspend or revoke an Administrative Use Permit, based on one or more of the following reasons:
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a. The Administrative Use Permit approval was obtained by fraud;
b. The Administrative Use Permit is being, or has recently been exercised contrary to the terms or conditions of the application approval;
c. The Administrative Use Permit is being or has been exercised in violation of a federal, state, or City statute, ordinance, law, or regulation; and/or
d. The Administrative Use Permit was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or otherwise constitutes a nuisance .
2. Suspension and Revocation Procedures. A Notice of Suspension or Revocation shall be served on the owner of the property and upon any tenant or operator in possession of the property, if different from the owner, by hand delivery or certified mail, along with the legal violation and supporting facts. The Notice shall also contain an advisement of the right to request an appeal hearing before the Zoning Administrator to contest the suspension or revocation.
3. Time Period of Suspension of Permit . When any of the conditions listed in H.1.a through d above exists, the Police Chief and the Community Improvement Director are each authorized to suspend an Administrative Use Permit for a period of no less than 5 days, and no more than 90 days, at their discretion.
4. Effective Date of Suspension or Revocation. A Notice of Suspension or Revocation issued under Paragraph H.2 of this Section is effective 10 days following the date appearing on the Notice, in the absence of an appeal filed in accordance with Paragraph H.5 of this Section.
5. Appeal of Suspension or Revocation of Permit.
a. The decision of the Police Chief or Community Improvement Director to suspend or revoke an Administrative Use Permit may be appealed by the permittee.
b. The appeal request shall be filed with the Planning Department on a City application form and shall include a statement identifying pertinent facts disputing the reasons stated in the Notice of Suspension or Revocation.
c. An appeal request must be received by the Planning Department on or before the effective date of the suspension or revocation under Paragraph H.4 of this Section.
d. The timely filing of an appeal request stays a suspension or revocation pending a decision on the appeal by the Zoning Administrator.
e. An appeal hearing shall be scheduled within 30 days following the Planning Department's receipt of the appeal request, unless an extension is mutually agreed upon by the appellant and the Zoning Administrator.
f. Within 20 days following the appeal hearing, the Zoning Administrator shall issue a final administrative order to the appellant, by certified mail. There shall be no further administrative right of appeal.
6. Evidence. The following rules shall apply to any hearing required by this Section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence 1296
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bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses.
Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. Formal rules of discovery do not apply to proceedings governed by this Section. Unless otherwise specifically prohibited by law, the burden of proof is on the appellant in any hearing or other matter under this Section.
7. Limitations on Application Refiling . A holder of an Administrative Use Permit who has had the Permit revoked under this Section may not apply for the same or substantially similar Administrative Use Permit for 12 months after the date of the Final Administrative Order revoking the Permit.
I. Public Nuisance. It shall be unlawful and a public nuisance for a land use or business activity for which an Administrative Use Permit has been issued to be operated, conducted, or maintained contrary to the provisions of this Development Code or of any conditions of approval imposed on an Administrative Use Permit by the Approving Authority. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, or enjoinment of that land use or business activity in any manner provided by law.
4.03.020: Sign Plans
A. Purpose. The purpose of this Section is to establish a process by which Sign Plans may be required to ensure compliance with the standards and guidelines contained within this Development Code pertaining to the number, placement, height, size, illumination, and design of signs, and to ensure compliance with any previously approved entitlements.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Sign Plan application, and to impose reasonable conditions upon the approval of the application.
2. An approved Sign Plan shall be required prior to placing, erecting, modifying, moving, or reconstructing any sign in the City, unless expressly exempted by this Development Code. Signs requiring a permit shall comply with: [i] the provisions of this Development Code, [ii] all other applicable laws and ordinances, and [iii] with any associated approved entitlements.
C. Application Filing and Processing. A Sign Plan application shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision. A Sign Plan shall be acted upon by the Approving Authority based upon the information contained in the application, supporting plans and documentation, and evidence submitted by the applicant, only after considering and clearly establishing that the Sign Plan is in conformance with the provisions of Division 8.1 (Sign Regulations) of this Development Code, and any associated entitlements that have been previously approved by the City.
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4.03.025: Subdivisions—Certificates of Compliance
A. Purpose. The purpose of this Section is to establish a means by which a Certificate of Compliance or Conditional Certificate of Compliance may be issued by the City pursuant to GC Section 66499.35, and legal status may be conferred to parcels of real property that were not established by other legal means.
B. Applicability.
1. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny a Certificate of Compliance, and to impose reasonable conditions upon the approval of the application.
2. The provisions of this Section shall apply to real property for which there is no final map, parcel map, official map, or approved certificate of exception, which establish the status for legal creation of parcels of real property.
C. Application Filing and Processing. A Certificate of Compliance shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1. Certificate of Compliance.
a. Upon receipt of a Certificate of Compliance application, the City Engineer shall determine whether the affected real property complies with the applicable provisions of the Subdivision Map Act and this Development Code. A certificate of compliance shall be issued for any real property that has been approved for development of the property.
b. If the City Engineer determines that the real property that is the subject of a Certificate of Compliance application complies with the applicable provisions of the Subdivision Map Act and this Development Code, it shall cause a Certificate of Compliance to be filed for recordation with the County Recorder.
2. Conditional Certificate of Compliance.
a. If the City Engineer determines that the real property that is the subject of a Certificate of Compliance application does not comply with the provisions of the Subdivision Map Act and this Development Code, it shall issue a Conditional Certificate of Compliance. As a condition to granting a Conditional Certificate of Compliance, the City Engineer may impose any conditions that would have been applicable to a division of land on the date the applicant acquired the property, except that if the current proper ty owner was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the Conditional Certificate of Compliance may impose conditions that would be applicable to a current division of land.
b. Upon making a determination and establishing conditions, the City shall cause a Conditional Certificate of Compliance to be filed for recordation with the County Recorder. The certificate shall serve as notice to the property owner or vendee who has applie d for the Certificate pursuant to this Section, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of these conditions 1298
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c. Compliance with imposed conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the City.
E. Right to Develop. The issuance of a Certificate of Compliance or Conditional Certificate of Compliance does not imply or grant a right to develop the affected property.
4.03.030 Subdivisions—Final Maps and Parcel Maps
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66410) pertaining to the review, approval and recordation of a final map or parcel map.
B. Applicability.
1. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the City Council is hereby empowered to approve or deny a final map or parcel map.
2. The subdivider may cause a final map or parcel map to be prepared in substantial accord with the tentative tract map or parcel map as approved, and pursuant to the provisions of this Development Code and applicable standards imposed by the County of San Be rnardino for maps filed with the County Recorder.
3. The final map or parcel map, and any accompanying data or additional information, shall be prepared by or under the direction of a registered civil engineer that possesses a State of California license registration number below C33966 and is competent to practice land surveying, or a licensed land surveyor authorized to practice in the State of California.
C. Final Map Preparation. Following approval or conditional approval of a tentative map, and prior to the expiration of the map, the subdivider may cause the property, or any part thereof, to be surveyed and a final map to be prepared, which is consistent with the tentative map, as approved, and the provisions of this Development Code and the Subdivision Map Act (commencing with GC Section 66410). A final map shall be filed with the County Recorder only after a determination by the City Engineer and Planning D irector that the conditions of the tentative map have been met. The City Engineer and Planning Director determinations may be appealed to the City Council pursuant to Division 2.04 (Appeals) of this Development Code.
D. Multiple Final Maps. Multiple final maps relating to a single approved or conditionally approved tentative map may be filed pursuant to GC Section 66456.1. The subdivision improvement agreement to be executed by the subdivider shall include provisions for the construction of such improvements as may be required by the City Engineer to constitute a logical and orderly development of the whole subdivision by phases. Each phase shall be so designed and improved as to be functionally self-sufficient.
E. Final Map/Parcel Map Filing, Processing, and Action. A final map or parcel map shall be filed, processed and acted upon as follows:
1. Final Map/Parcel Map Filing.
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a. Where a final map or parcel map, or a vesting final map or parcel map is required, the subdivider shall, prior to submitting the map for final review, complete all offers of dedication, secure the required approvals with respect to public and private easem ents and complete plans and specifications for public improvements, including drainage facilities and sewer facilities, and all applicable provisions of Section 6.08.025 (Improvements) of this Development Code. All certificates shall be executed, excepting those to be executed by the City Engineer, City Clerk and County Recorder.
b. The subdivider shall submit to the City Engineer for approval, the original mylar and as many prints as may be required, along with any required statements and documents. The City Engineer, after ensuring that all conditions and approvals have been met or secured, shall process the map for adoption by the City Council and recordation with the County Recorder.
2. Final Map/Parcel Map Processing.
a. The City Engineer shall, within 30 working days of receipt of the final map or parcel, and accompanying documents, fees and materials, cause the final map or parcel map to be examined, and if found to be in substantial conformity with the approved tentativ e map and all amendments, conditions, modifications, and provisions made or required by the City Council, and if found to be complete, technically correct, in conformity with the improvement plans and specifications, and in compliance with the requirements of this Development Code, other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario Plan, shall execute the City Engineer 's certificate on the map, and shall file the final map or parcel map, and accompanying materials with the City Council.
b. Should the final map or parcel map, or other accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised of the changes or additions that must be made. The City Engineer shall then cause the corrected final map or parcel map to be reexamined. If the map is found to be correct and in compliance with this Development Code and all other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario Plan, the Cit y Engineer shall execute the City Engineer 's certificate on the map, and shall file the final map or parcel map and accompanying materials with the City Council. The date of filing, as set forth in GC Section 66458, shall be the meeting date in which the final map or parcel map is received by the C ity Council.
3. Final Map/Parcel Map Action.
a. The City Council, at the meeting it receives the final map or parcel map, or at its next regular meeting or within a period of not more than 10 days following the meeting at which the City Council receives the final map and any accompanying materials, shall approve the map if it is found to be consistent with the approved tentative tract or parcel map, and is in compliance with this Development Code and all other applicable codes, specific plans, and the Policy Plan (General Plan) component of The Ontario P lan, and shall instruct the City Clerk to execute the approval certificate. If the final map or parcel does not conform, the City Council shall deny the final map.
b. At the time of approval of the final map or parcel map, the City Council shall accept, subject to improvement, or reject any offers of dedication.
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Ontario Development Code Page 4.03-13 (Rev. 11.04.2025) c. The time limit for approval of the final map or parcel map may be extended by mutual consent of the subdivider and the City.
d. If the City Council does not approve or deny the final map or parcel map within the prescribed time, or any authorized extension, and the final map or parcel map conforms to all requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval.
e. The City Clerk shall provide notice of any pending approval or denial of a final map or parcel map by the City Council. The notice shall be attached and posted with the City Council's regular agenda and shall be mailed to interested parties who request notification.
4.03.035: Subdivisions—Lot Line Adjustments
A. Purpose. The purpose of this Section is to establish procedures for adjusting the property lines between existing lots by means of a Lot Line Adjustment authorized by GC Section 66412(d).
B. Applicability.
1. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny a Lot Line Adjustment, and to impose reasonable conditions upon its issuance.
2. A L ot Line Adjustment may be utilized to reconfigure up to 4 adjoining legally recognized lots, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created .
C. Application Filing and Processing. A Lot Line Adjustment shall be filed, processed and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Decision.
1. The City Engineer may approve or deny a Lot Line Adjustment on the basis of the application, supporting plans, and documentation submitted by the applicant. The City Engineer shall limit its review to a determination of whether or not the lots resulting from the Lot Line Adjustment will conform to the Policy Plan (General Plan) component of The Ontario Plan; any applicable specific plan, area plan or planned unit development; and this Development Code.
2. Upon approval of a Lot Line Adjustment, the applicant shall provide the City with a conforming grant deed for each affected lot, which reflects the approved Lot Line Adjustment.
The City shall then cause the grant deed(s) to be filed for record with the County Recorder. No record of survey shall be required for a Lot Line Adjustment unless required by BPC Section 8762.
E. Conditions of Approval.
1. The City Engineer shall not impose conditions or exactions on its approval of a Lot Line Adjustment, except as follows:
a. Require conformance to the Policy Plan (General Plan) component of The Ontario Plan, and any applicable specific plan, planned unit development, or area plan; 1301
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b. Require conformance with all applicable provisions of this Development Code and any applicable building ordinances;
c. Require the prepayment of real property taxes prior to the approval of the Lot Line Adjustment; and
d. Facilitate the relocation of existing utilities, infrastructure, or easements.
2. No tentative tract map, final map or parcel map shall be required as a condition to the approval of a Lot Line Adjustment.
4.03.040: Subdivisions—Map Corrections and Amendments
A. Purpose. The purpose of this Section is to establish a process by which a final map or parcel map that has been filed for recordation with the County Recorder may be amended by either a Certificate of Correction or an amending map.
B. Applicability.
1. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny an application to correct or amend a final map or parcel map that has been filed for recordation with the County Recorder.
2. After a final map or parcel map is filed for recordation in the office of the County Recorder, it may be amended by a Certificate of Correction for any of the following purposes:
a. Correct an error in any course or distance shown on the map;
b. Show any course or distance that was omitted from the map;
c. Correct an error in the description of the real property shown on the map;
d. Indicate monuments set after the death, disability, and retirement from practice or replacement of the engineer or surveyor charged with responsibilities for setting monuments;
e. Show the proper location or character of any monument that has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character; or
f. Correct any other type of map error or omission that does not affect any property right, including, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.
C. Application Filing and Processing. An amending map or Certificate of Correction shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
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Ontario Development Code Page 4.03-15 (Rev. 11.04.2025) D. Findings and Decision. The City Engineer may approve an amending map or Certificate of Correction only after finding that the changes made are limited to those set forth in Paragraphs B.2.a through f, above, and shall certify to this fact on the amending map or Certificate of Correction.
E. Form and Content of Amendment.
1. The Certificate of Correction shall be prepared and signed by a registered civil engineer that possesses a State of California license registration number below C33966 and is competent to practice land surveying, or a licensed land surveyor authorized to practice in the State of California.
2. The form and content of the amending map shall conform to the requirements of this Development Code for tentative tract maps, final maps or parcel maps.
3. The Certificate of Correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
4.03.045: Subdivisions—Parcel Map Waiver
A. Purpose. The purpose of this Section is to establish a procedure for waiving the requirement for a final parcel map pursuant to GC Section 66428(b), which requires that a local agency provide a procedure for such.
B. Applicability. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to waive the requirement for a final parcel map for the below - listed reasons, following the approval of a tentative map pursuant to this Development Code:
1. The parcel map is for a division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or
2. The Parcel Map is for a division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose (e.g., drainage or sewers, public building sites, rights-of-way for streets, school sites, and utilities).
C. Application Filing and Processing. A request for waiver from the requirement for a final parcel map shall be filed and processed in conjunction with the tentative map. The City Engineer may act upon the parcel map waiver following approval of the tentative map and compliance with the conditions of approval imposed upon tentative map approval (if any).
D. Findings and Decision.
1. The City Engineer shall approve a waiver from the requirement for a final parcel map only after the City Engineer for the corresponding tentative map required pursuant to this Section finds that the proposed division of land:
a. Is consistent with the approved tentative parcel map, and is in compliance with this Development Code, the Subdivision Map Act, and all other applicable codes, specific plans, and is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan; and
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(Rev. 11.04.2025) Page 4.03-16 Ontario Development Code b. Complies with the requirements established by this Development Code and the Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.
2. If the proposed division of land does not conform to Subparagraphs 1.a and b above, the City Engineer shall not approve the Parcel Map Waiver.
E. Certificate of Compliance Required.
1. Following approval of a Parcel Map Waiver by the City Engineer, a Certificate of Compliance for the land to be divided shall be filed with the County Recorder.
2. Requirements for the construction of improvements shall be noted on the Certificate of Compliance by certificate pursuant to GC Section 66411.1.
F. Payment of Processing Fees. All necessary fees as established by City ordinance or by resolution of the City Council shall be paid by the applicant for processing and filing for record, any documents pertaining to the Parcel Map Waiver process.
4.03.050: Subdivisions—Lot Merger (Merger of Contiguous Parcels)
A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.10), pertaining to the merger of contiguous lots under common ownership (Lot Merger).
B. Applicability.
1. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the City Engineer is hereby empowered to approve, approve in modified form, or deny a Lot Merger application, and to impose reasonable conditions upon the approval of the application.
2. The City may initiate a Lot Merger if any one of the contiguous lots or units held by the same owner does not conform to standards for minimum lot size applicable to the lots or units of land, and if all of the following requirements are satisfied:
a. At least one of the affected lots is not developed with a structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is only developed with one or more accessory structures, or is developed with a single primary structure that is partially sited on a contiguous lot or unit.
b. With respect to any affected lot, one or more of the following conditions exists:
(1) Comprises less than 5,000 SF in area at the time of the determination of merger;
(2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
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Ontario Development Code Page 4.03-17 (Rev. 11.04.2025) (3) Does not meet current standards for sewage disposal and domestic water supply;
(4) Does not meet slope stability standards;
(5) Has no legal access that is adequate for vehicular and safety equipment access and maneuverability;
(6) Its development would create health or safety hazards; or
(7) Is inconsistent with The Ontario Plan and any applicable area plan, specific plan, or planned unit development (other than minimum lot size or density standards).
c. The affected lots, when merged, will not:
(1) Be inconsistent or create a conflict with The Ontario Plan, any applicable Area Plan or Specific Plan, or the provisions of this Development Code;
(2) Result in a conflict with the location of any existing structures;
(3) Deprive or restrict access to another lot; or
(4) Result in the creation of new lot lines.
3. The City may require the owner of any contiguous lots to initiate the merger of contiguous lots as a condition of any Development Plan or Conditional Use Permit approval.
C. Application Filing, Processing and Hearing. A Lot Merger application shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Notification of Intention to Merge Lots.
1. Prior to merging any contiguous lots, the City Engineer shall mail a Notice of Intention to Merge ( "NIM"), which notifies affected property owner(s) that the affected lots may be merged pursuant to the provisions of this Section. The NIM shall be sent by certified mail to the property owner(s) of record at the address(es) shown on the latest available assessment roll of the County of San Bernardino. The NIM shall include a stat ement that the property owner(s) may appeal the decision of the City Engineer to the Planning Commission to present evidence that the proposed Lot Merger does not meet the criteria for a merger. For the purpose of this Section, a property owner is any person holding any portion of title to any affected property.
2. The NIM shall be recorded with the San Bernardino County Recorder on the date that the notice is mailed to all property owners of record.
E. Request for Hearing. Within 30 days following the recordation of the NIM, the owner of the affected property may file a request with the City Engineer, for a hearing regarding the proposed Lot Merger.
F. Procedure for Hearing.
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1. Upon receiving a request for a hearing, the City Engineer shall set a time, date, and location for a hearing to be conducted by the Appeal Authority, and shall notify the property owner of the time, date, and location of the hearing by certified mail. The hearing shall be conducted not more than 60 days following the City 's receipt of the property owner's request for hearing but may be postponed by mutual consent of the City and the property owner.
2. During the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for Lot Merger specified by this Section.
3. At the conclusion of the hearing, the Appeal Authority shall make a determination as to whether the affected lots should be merged and shall so notify the property owner of its determination.
4. The Appeal Authority may approve or deny a Lot Merger on the basis of the application and the presented evidence, after considering and clearly establishing the following findings, and giving specific reasons in support of each finding:
a. The merged lots comply with the appropriate provisions of the Subdivision Map Act and all applicable City requirements for the merging of contiguous lots; and
b. The merged lots do not adversely affect the purpose and intent of The Ontario Plan, or the public health, safety, and welfare.
5. If the Appeal Authority determines that the affected lots shall be merged, the City Engineer shall cause the NIM, specifying the names of the recorded owner(s) and describing the affected real property, to be recorded with the San Bernardino County Recorder within 30 days following conclusion of the appeal hearing.
6. If the Appeal Authority determines that the affected lots shall not be merged, the City Engineer shall cause a Release of NIM to be recorded with the San Bernardino County Recorder, and a letter of notification shall be sent by certified mail to the property owner(s) of record.
G. Determination When No Hearing Is Requested. If within the 30 days following the recordation of the NIM specified in Subsection D (Request for Hearing) of this Section, the property owner does not file a request for a hearing, at any time thereafter, the City Engineer may make a determination whether or not the affected lots are to be merged. A NIM shall be recorded as provided for in Paragraph F.5 of this Section, no later than 90 days following the mailing of the NIM.
4.03.055: Administrative Exceptions
A. Purpose. The Administrative Exception is hereby established for the purpose of granting minor departures from the strict application of certain numerical development standards established by this Development Code, when the departure would result in superior site, landscape, or architectural design features that could not otherwise be incorporated into a development project under the strict application of the development standards contained in this Development Code.
B. Applicability.
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Ontario Development Code Page 4.03-19 (Rev. 11.04.2025) a. Pursuant to Table 2.02- 1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Administrative Exception application, and to impose reasonable conditions upon the approval of the application.
b. Administrative Exceptions may be approved for reductions of up to 10 percent from [i] minimum setback and separation requirements, excepting nonresidential setback requirements from property lines that are common with any residentially zoned property; and, [ii] off-street parking required for nonresidential land uses pursuant to Table 6.03-1 (Off-Street Parking Requirements). An Administrative Exception shall not be approved for reductions from minimum lot size, lot dimensions, landscape coverage, or for an increase in maximum density, floor area ratio, or the height of a structure.
C. Application Filing, Processing and Hearing.
1. An Administrative Exception shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
2. A hearing shall not be required; however, the owners of all properties having a property line common with the affected property shall be notified of the proposed Administrative Exception pursuant to Section 2.03.010 (Public Hearing Notification) of this De velopment Code and shall be invited to comment on the application.
D. Findings and Decision. An Administrative Exception shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and any comments received from property owners notified pursuant to Subparagraph C.3.b of this Section, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below -listed findings cannot be clearly established.
1. The approval of the Administrative Exception is necessary to the production of a comprehensive development, incorporating an enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under the strict application of the applicable development standards;
2. The approval of the Administrative Exception will allow for the inclusion of site, architectural, or landscape features that could not otherwise be incorporated into the design of the project under the strict application of the provisions of the applicable development standards; and
3. The approval of the Administrative Exception will not adversely affect the overall quality of development on the project site and will not adversely affect neighboring properties.
4. The proposed Administrative Exception is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable Specific Plan or Planned Unit Development, and the purposes of this Development Code.
E. Conditions of Approval.
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1. In approving an Administrative Exception, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
4.03.060: Fair Housing and Reasonable Accommodations
A. Purpose. Pursuant to Federal and State fair housing laws, the purpose of this Section is to provide a procedure whereby exceptions from specific applications of this Development Code may be considered and properly evaluated in order to assure that no person is disc riminated against on the basis of race, color, religion, sex, sexual orientation, family status, marital status, disability, national origin, source of income, or ancestry, by being denied an equal opportunity to use and enjoy a dwelling and in order to maintain compliance with the purpose and intent of the Religious Land Use and Institutionalized Persons Act (RLUIPA)of 2000.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Fair Housing and Reasonable Accommodation application and to impose reasonable conditions upon the approval of the application.
2. The Approving Authority may approve reasonable exceptions from the provisions of this Development Code, except that a Fair Housing and Reasonable Accommodation request shall not be approved that would allow the establishment of a land use that would not otherwise be allowed in the zoning district in which the affected property is lo cated, or for increases in residential density.
C. RLUIPA. In furtherance of the purpose described in Subsection A (Purpose), deviations from the requirements and regulations specified in this Development Code may be approved if it is found that, consistent with the RLUIPA, enforcement of a regulation results in a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless it is determined that imposition of the burden on that assembly, institution, or person accomplishes furtherance of a compelling governmental interest where the burden is found to be the least restrictive means of furthering that compelling governmental interest.
D. Application Filing and Processing. A Fair Housing and Reasonable Accommodation application shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
E. Findings and Decision. A Fair Housing and Reasonable Accommodation request shall be acted upon by the Approving Authority based upon the information provided in the submitted application and evidence presented only after considering and clearly establishing all of the 1308
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Ontario Development Code Page 4.03-21 (Rev. 11.04.2025) below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The persons who will use the subject property are protected under federal and state fair housing laws;
2. The requested exception is necessary to make specific housing available to a person who will occupy the subject property and who is protected under federal and state fair housing laws;
3. The requested exception will not impose an undo financial or administrative burden upon the City; and
4. The requested exception will comply with all applicable Building and Fire Codes and will not result in a fundamental alteration of the planning, zoning and development laws and procedures of the City.
F. Conditions of Approval.
1. In approving a Fair Housing and Reasonable Accommodation application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the proj ect will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; ensure that the Reasonable Accommodation will comply with the findings required by Subsection E (Findings and Decision); and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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Chapter 5.0:
Zoning and Land Use
Division 5.01—Zoning Districts and Boundaries
Division 5.02—General Land Use Provisions
Division 5.03—Supplemental Land Use Regulations
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Ontario Development Code Page 5.01-1 (Rev. 08.19.2025)
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 implem ents 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 sens itive 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. 4 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 u ses, 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 1314
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Ontario Development Code Page 5.01-3 (Rev.08.19.2025)
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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Division 5.01—Zoning Districts and Boundaries
(Rev. 08.19.2025) Page 5.01-4 Ontario Development Code
1. MU-1 (Downtown Mixed Use) Zoning District.
a. The MU- 1 zoning district is hereby established to accommodate a fairly intensive mixture of vertical and horizontal retail, entertainment, and office uses at a development intensity of up to 2.0 FAR, and residential uses at a density of 25 to 75 DU/AC, with the most intensive uses envisioned along Euclid Avenue and Holt Boulevard. Development projects are intended to maintain a pedestrian friendly atmosphere, while at the same time enhancing the historic character of the area.
b. Furthermore, the MU-1 zoning district is established to: [i] recognize, protect, and enhance the visual character and quality of Ontario 's historic downtown area as a historic resource; [ii] establish and recognize Ontario 's historic downtown as the arts and entertainment mecca for the surrounding region, to include a wide range of allowed uses, such as shopping, restaurants, outdoor dining, cultural offerings, street fairs, artist festivals, galleries, work/live lofts, breweries, and artisan co -ops; [iii] recognize Holt Boulevard as a vital east -west link to Ontario 's historic downtown, offering opportunities for vertical and horizontal mixed use developments consisting of market rate and below market rate housing, retail and offices, and work/live uses; and [iv] recognize Ontario's civic center for its significant outdoor spaces, amenities and services, which serve to enhance the historic downtown's shopping, dining, and living experiences.
c. In order to carry out the purposes and provisions of the Land Use component of The Ontario Plan and this Development Code, the MU-1 zoning district is hereby divided into four Land Use Areas. The boundaries of each Land Use Area (LUA) is shown in Figure
5.01-1 (MU-1 (Downtown Mixed Use) Zoning District Land Use Areas Map) of this Division, and their purposes are described below.
(1) LUA-1 (Euclid Avenue Entertainment ) District—The Euclid Avenue Entertainment District is a central urban location intended to provide the vitality, amenities, and a range of entertainment, shopping, restaurant, outdoor dining, and cultural offerings. The District is further intended to promote a variety of dense housing options; enhanced public and private rights-of-way to improve pedestrian, bicyclist, and vehicular connectivity; and grow employment opportunities.
(2) LUA-2 (Arts) District—
(a) The Arts District is intended as a dynamic destination for locals and tourists, while creating a fulfilling urban experience energized by artistic, educational, and commercial participants. The focus of the Area is to increase the number of collaborated events and programs within the Area, with the intent to attract visitors, promote economic vitality, and boost revenue. Street fairs, artist festivals, restaurants, galleries, work/live lofts, breweries, and artisan co-ops will contribute to the physical and cultural diversity of the Arts District.